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- Huge Retail Chain on the Hook for $187.6 Million for Shortchanging Workers
Employees claim they were forced to work after clocking out.
- Can You Get Fired for What You Post on Social Media?
Like the answer to so many legal questions, it depends. As more and more people are using social media, this area has become a common ground for employees to post information about their jobs, their personal lives, their views and other aspects of their lives that do not pertain to their work. However, in some cases, employers may have grounds to fire employees for their social media conduct.
- Prohibited Practices in Employment Law
Despite numerous labor and employment laws on the federal, state and local levels, workplace discrimination continues to be a problem in the United States. When employers do not follow applicable laws that prohibit workplace discrimination, they expose themselves to potential civil liability.
- Age Discrimination in California
Many older workers find it difficult to find employment after being discharged from their previous employment or reentering the workforce after time out of it. Some employers may inadvertently favor younger employees. Rejecting older applicants in favor of younger ones may expose employers to liability under state and federal laws.
- Prohibited Discrimination under the ADEA
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against individuals who are age 40 or older. It makes it unlawful to use a person’s age if he or she is at least 40 years old as a consideration in employment decisions in most cases.
- Workplace Discrimination on the Basis of Religion in California
In 2011, the United States saw an uptake in the number of cases filed with the Equal Employment Opportunity Commission that alleged workplace discrimination on the basis of religious discrimination. In that year, 4,151 cases were filed, the highest number of filings that existed for the last 20 years.
- Wrongful Termination Claims in California
Like the vast majority of other states, California is considered an “at-will” employment state. This designation provides great latitude to employers who can terminate employees for nearly any reason. However, there are certain situations in which an employer may terminate the employment relationship that are not legal and that amount to “wrongful termination.”
- Employment Discrimination Based on Weight
Due to federal and state law, it is generally illegal to discriminate against individuals due to certain protected classes identified by law. Federal law prohibits employment discrimination based on age, disability, sex, gender, religion, race and national origin. Many of these prohibitions are based on the Civil Rights Act of 1964, and they cover all Americans.
- Protecting Trade Secrets Using Employment Agreements
Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using all their skills and experience to command the best wages they can find.
- What Is a Hostile Work Environment?
With global competition, competitive marketplaces and a culture in which employees are always expected to be available, greater demands are placed on employees. Supervisors may act inappropriately by cursing, yelling and threatening staff. While laypeople may consider such action “hostile,” the legal definition of a hostile work environment is much different than the colloquial term.