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April 2018 Archives

Parents face problems no matter where they work

While most California parents are not senators, they may understand the struggles of trying to raise a child. A senator representing the state of Illinois is set to give birth soon, and she could be forced to skip work because of Senate rules. These rules stop a person from voting unless he or she is physically present, and children are prevented from being on the floor of the Senate.

Employer: "Oops, your injury messed with my metrics!"

Anyone working in a corporate environment knows that big business is all about metrics designed to make shareholders more money. Nothing truly evil with that, it's capitalism and hence our economic system.

Employers Must Have A Protocol For Workplace Injuries

Depending on the size of an employer's business, there should be a procedure to follow when an employee gets hurt at work. Often, employees and employers alike are confused about the steps to take when an employee is injured.

Court's Hold Obesity Can be a Disability Under California Law

Under the Fair Employment and Housing Act (FEHA), an employer cannot discriminate against an employee because of a "physical disability." Gov. Code, § 12940(a). In addition to making it illegal to discriminate based on disability, the FEHA makes it unlawful "to fail to make reasonable accommodation for the known physical . . . disability of an . . . employee." Gov. Code, § 12940(m)(1). Finally, the FEHA prohibits an employer from harassing an employee "because of . . . physical disability." Gov. Code § 12940(j)(1).

Sexual Harassment Claims Against Bikram Yoga Founder Bikram Choudhury

By now, a lot of people have heard about the several sexual harassment claims filed against Bikram Choudhury, the founder of the hot yoga practice and owner of a global yoga empire. Bikram turned his system of yoga into an empire, with his name attached to over 700 yoga schools in over 200 countries. According to several women who accused Bikram of sexual harassment, no one dared speak up against Bikram. Sarah Baughn, one of his accusers even claimed that many people in the yoga community tried to ignore the growing criticism against Bikram, who was an icon to yogis and celebrities like George Clooney, Madonna, and Jennifer Aniston.

Why Sexual Harassment at Work Still Happens

We may not have a definite answer as to why sexual harassment continues to occur at work, but we do know that both state and federal laws are on your side and protect employees from sexual harassment at work. Workplace sexual harassment can be defined as an unwelcome sexual advance or conduct of a sexual nature which unreasonably interferes with an employee's performance of his or her job duties, creating an intimidating, hostile, or offensive work environment.

California Employee Overtime Compensation Laws

First, know the basic rule, all work performed in excess of 40 hours in one week is considered overtime and must be paid at one and a half times (1.5x) your regular rate or pay. Let's say your pay is $15 an hour and you work 50 hours in one week, you should be paid $22.50 for any work performed over 40 hours in a week. Thus, you would be owed $600 in regular pay (40 hours x 15) and $225 in overtime pay (10 hours x $22.5).

Filing an Employment Discrimination Complaint with the California Department of Fair Employment and Housing

If a California employee wishes to file a discrimination lawsuit against an employer, she/he must first file  a complaint with the California Department of Fair Employment & Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC) and obtain what's called a "right to sue" letter. This process is also known as "administrative exhaustion". The systems are now highly automated and charges can be filed online. The EEOC permits you to mail in a letter containing the following information:

Age discrimination allegations levied against IBM

Although the Age Discrimination in Employment Act prohibits discrimination against workers who are 40 and older, IBM may have been trying to get away with it for years. A new report by ProPublica details a workplace culture bent on replacing older workers. Some Californian might be among alleged 20,000 employees who have been pushed out of IBM through layoffs, firings and forced early retirement.

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The Rutten Law Firm, APC

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Studio City, CA 91604

Phone: 818-308-5945
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