The Age Discrimination in Employment Act of 1967, 29 USC 621, outlaws discrimination on the basis of one’s older age. When Congress passed the law, it acknowledged that older persons were disadvantaged by companies had commonly begun setting arbitrary age limits – regardless of the potential for job performance. age discrimination

This year marks 50 since the ADEA was passed, and still, age discrimination remains a common problem – even among those companies at the forefront of our technological advances. Social media companies in particular have been accused of perpetuating a culture of age discrimination.

Recently, Facebook was once again named a defendant in an age discrimination lawsuit, this one filed by a 52-year-old man who alleged that for two years, he was constantly the target of ageist jokes. Among the common themes of this constant humiliation were that older people were “creepy,” “don’t belong” at the organization and shouldn’t be employed by the firm because they “don’t relate.” One might characterize such statements as the ill-advised but isolated remarks of a few, but that argument starts to falter when you consider the highly-publicized comments made publicly by Facebook CEO Mark Zuckerberg 10 years ago, who remarked that younger people are “just smarter.” Later, according to plaintiff’s lawsuit, a chart was displayed during a human resources presentation which showed workers in their 50s to be “low energy.”  Continue reading

A California employee misclassification lawsuit appears to be drawing toward a resolution, after plaintiffs – a group of corporate training managers – have asked a federal judge to approve a $2.75 million settlement alleging their employer violated the Fair Labor Standards Act. employee misclassification

Specifically, plaintiffs in Dito, et al v. AT&T Services, Inc. et al alleged in the California Northern District Court that telecommunication giant AT&T wrongly classified them as independent contractors in violation of the FLSA, when in fact they were employees. The goal of the misclassification, plaintiffs allege, was to sidestep legal requirements to pay workers overtime.

The proposal for settlement involves a somewhat unusual structure in that it includes both a common fund for existing class members within the state, as well as an opt-in for those out-of-state who may be class members, but have yet to assert their own claims under FLSA. The settlement would save class members the the risks of individual employment litigation. Even this class action employment lawsuit, were it to continue, could drag on several more years, plaintiff attorneys opine.  Continue reading

In mid-September, the 2017 California Legislature adjourned, having sent more than seven hundred bills to Governor Jerry Brown for approval. Governor Brown has already signed many of these bills into law. Among the new laws are several employment provisions which are generally deemed to be in favor of employees’ rights. Learn more about the new laws – which take effect on January 1, 2018 – and how they will affect your rights as an employee or obligations as an employer. 

Understanding these provisions is important to recognizing what type of legal remedy you may have in the event you suffer wrongful termination or employment discrimination.

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Stronger Anti-Retaliation Laws

For many employees, a new child in the family creates an emotional conflict between the need to be at work and the need to be at home. California law currently allows parents to take unpaid leave in order to bond with a new child. Unfortunately, this only applies to employers over a certain size, and millions of workers in California have been left without the legal right to parental leave. Now, a new bill signed into law by Governor Jerry Brown in October 2017 will extend child bonding leave to employees of small businesses, as well. FMLA attorneys Continue reading

The allegations against Hollywood entertainment executive Harvey Weinstein have become increasingly ghastly in recent weeks. Increasingly more have come forward to report decades of harassment – and in several cases, blatant sexual assault – at his hands. The legal ramifications of this conduct are not limited to Mr. Weinstein himself. The emerging facts indicate that Weinstein Co., the executive’s famous production company which has become a pillar of the Hollywood business industry, will also be subjected to civil liability for the crimes committed by its disgraced leader.

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Employment attorneys know that such instances of sexual harassment and even sexual assault in the workplace are not isolated. They occur in all industries, at all levels of employment. The question of whether a company can be sued for sexual harassment depends on a myriad of factors, and talking with a skilled employment law attorney can help you sort through your legal options.

When Can a Company Be Liable for the Conduct of Its Workers?

California has long been a pioneer of worker’s rights, and state law protects workers from many types of discrimination beyond those prohibited by federal law (such as religion and gender). The California Labor Code also lists many situations in which an employee is entitled to take time off work without being terminated or retaliated against. Many employees may not know that victims of domestic violence and sexual assault have employment rights under California. Now, a new law expands the duty of employers to advise employees of these rights.employment law attorneys Continue reading

Recently, Google has been the target of a wide variety of discrimination lawsuits. From issues of political speech raised by the infamous “anti-diversity manifesto” to the gender issues which plague the technology and venture capital sectors, the tech giant is facing the potential of significant civil liability for violations of state and federal employment law. According to Reuters, Google is also facing an investigation by the U.S. Department of Labor into gender discrimination in its pay practices. Now, a new lawsuit alleging gender bias in pay and promotions could be the latest – and greatest – of Google’s legal woes. Continue reading

Religious discrimination is sadly common in today’s workforce. What is surprising to learn is the shocking statements that are made, and the blatant manner in which some employees still face religious discrimination in the workplace. Both California and federal law protect workers’ rights to a workplace free of such harassment.religious discrimination attorneys Continue reading

Employees’ rights to take family leave are protected by federal law. The Family Medical Leave Act ensures that employees will not be terminated for taking leaves of absence for qualifying circumstances. California employees whose rights are violated can take legal action against their employers.FMLA attorneys

According to the Department of Labor, the FMLA provides employees with up to twelve weeks of unpaid leave per year. The employee may not be fired during this time, and group health benefits must be maintained by the employer. Qualifying family leave can be obtained for: birth or care of a newborn; placement of a foster or adoptive child with the employee; to care for an immediate family member with a serious health condition; or when the employee is unable to work due to a serious health condition. Despite the fact that FMLA has been the law since 1993, employers continue to violate this law.

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In today’s changing marketplace, “gig” employment is becoming increasingly popular. On-demand mobile services for ride-sharing, grocery delivery, restaurant delivery and many other services have created vast income opportunities for those seeking part-time or supplemental income. Unfortunately, this new and emerging labor market has complicated the legal rights of such workers. Many companies and employees experience conflict over the employee’s classification as either an employee or independent contractor. Despite the confusion, it is important to remember that all California workers have legal rights under the Labor Code and other employment laws.employment lawyers

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