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April 2019 Archives

How do you approach a situation involving discrimination?

No one wants to feel as if they're less than someone else simply because of their religion, gender or skin color. No one wants to think that their disability is impacting the way people view them or making it so they're not even considered for jobs.

Teachers have a high chance of experiencing LGBT discrimination

Even though there have been several changes to California laws to ensure more protection from discrimination for LGBT workers over the years, not all workplaces have adapted to the new regulations comfortably. Some employers are still old fashioned while others don’t know how to respond to employee mistreatment accusations.

Don't let your employer pay you incorrectly: Speak out

Recognizing when you're being shorted on your paychecks might not be simple, but it's something you should make sure you're checking every time you receive one. Whether it's a missing hour of pay or overtime that hasn't been paid, you shouldn't allow someone to take advantage of your time.

Employers struggling with marijuana policies

For years employers have exercised "zero tolerance" drug policies, meaning that they could legally choose not to hire, or to fire, an employee who tested positive for any drug, including marijuana. Now, their conundrum is how do you tell someone they cannot do something that is legal? The answer is simple. You can't. This is what has left some employers in what they can only describe as "a mess."

Former director facing trouble after allegations of nepotism

In an interesting report out of California, it's been noted that the California Department of Industrial Relations in Oakland's former head has been accused of gross misconduct including falsifying documents, referring to employees by racial background, age-related characteristic or ethnicity. In some cases, she's accused of attempting to find out who certain whistle blowers were in order to retaliate against them. The report didn't name the director or department, but the former director has been facing news coverage as a result of the investigation.

What is a SLAPP lawsuit?

As of January 2019, only 28 states had anti-SLAPP laws. The state of California maintains one of those statutes. SLAPP is an acronym that stands for "Strategic Lawsuit Against Public Participation." A SLAPP lawsuit is one in which the chief complaint involves the Defendant exercising his or her rights of free speech. California's anti-SLAPP statute allows a special motion to be filed by a Defendant asking that a Judge strike a complaint. It was first enacted in 1992.

What happens when you file a sexual harassment claim?

It’s frustrating that employers can’t always resolve sexual harassment claims in the workplace. This prolongs an already uncomfortable and difficult situation. This is when you may think about taking this above your employer and report your harassment directly to the state of California.

Bill introduced to allow natural black hairstyles in workplace

Whether we choose to admit it or not, black people, in particular, black women, are discriminated against in the workplace due to their natural hairstyles. Unfortunately, society has dictated unnatural styles to be "professional," whereas natural locks boasting tight curls, cornrows, braids, or locks are frowned upon.

Understand your rights with the Family and Medical Leave Act

Imagine that your wife is badly injured in a car accident. You have two weeks of vacation that you can take from work, which allows you to be paid in full despite having to be away from the job. After that, though, you have no way to cover your losses. Worse than that is that you could lose your job if you miss too much time.

What is considered to be sexual harassment in the workplace?

Sexual harassment is a problem in many workplaces across the United States, but it may be under-reported. People may choose not to report harassment because of fearing losing their jobs or being retaliated against, which would make doing their jobs much more difficult.

DOL proposes salary increase for white collar overtime exemptions

Earlier this month the United States Department of Labor announced a proposed rule change regarding the minimum salary required to qualify as exempt from overtime pay under the federal Fair Labor Standards Act white collar exemptions. A white collar worker is one who is employed in an executive, administrative, or professional position.

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