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The year 2014 is just around the corner, and as it is, everyone in the workforce, both employers and employees, are expecting changes in the California employment and labor. New laws signed by Calif. Governor Jerry Brown will be made effective next year, and as such, employers would have to make the necessary changes in their employment handbooks, as well as in their practices and policies.
Here is the list of some of the notable employment and labor laws in California to watch out for in 2014:
• Assembly Bill 10. This bill was signed September 25 of this year, which would raise the state’s minimum wage from the current per-hour rate of $8.00 to $9.00 on July 1, 2014. By Jan. 1 2016, the minimum wage would increase once again, this time to $10.00. This bill, however, has been met with criticisms, especially from some businesses in California.
• Senate Bill 770. This bill expanded the Paid Family Leave program of qualified California workers. Before the law, employees who took time off to take care of a child, spouse, parent or domestic partner with a serious illness, or to bond with an adopted or foster child can collect state disability insurance. The new law, which will be made effective July 1 next year, would include taking care for seriously ill grandparents, grandchildren, siblings and in-laws.
• Senate Bill 496. This newly-signed bill would protect workers from discrimination, harassment, and retaliation for reporting local law violations.
• Assembly Bill 218. Signed into law October 10, this bill states that local and state government agencies searching for potential employees are now prohibited from asking applicants regarding their criminal convictions. Here, agencies may still ask for the prospects’ criminal background, so long as the former determine the minimum employment qualifications.
• Assembly Bill 263. This newly-signed bill would protect employees against unfair employer practices related to immigration, especially if they exercise their rights that are protected under the state’s Labor Code. Here, covered employers are not allowed to threatening employees in contacting immigration authorities when the latter complains about certain employer violations.
With these new laws taking into effect in 2014, employees can expect stronger protections against discrimination and other unfair employment practices, as well as be made aware of the changes in the realm of California labor. Meanwhile, an employee who thinks his or her employer violated any provisions in any of these new laws may consult with an expert Los Angeles employment lawyer.
Employees in California who had been victims of domestic violence can now rejoice after Governor Jerry Brown signed last October 11 Senate Bill 400, a bill that would provide them protections against employment discrimination.
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| Image: chetna-dfw.org |
Effective at the start of 2014, the newly-signed bill makes it unlawful for covered California employers to discriminate or retaliate against, or wrongfully terminate employees who have been victims of domestic violence, sexual assault, or stalking. The legislation also requires employers to provide victims reasonable safety accommodations, including changing a work phone number and implementing a safety plan within the workplace, among others.
SB 400 was sponsored by Senators Hannah-Beth Jackson (D-Santa Barbara), Mark Leno (D-San Francisco), and Kevin de León (D-Los Angeles). With the signing of the bill, California became just the seventh state to forbid workplace bias against victims of domestic abuse or sexual assault in any aspect of employment, following Connecticut, Hawaii, Illinois, New York, Oregon, and Rhode Island.
It can be remembered that the introduction of SB 400 in the legislature was primarily brought into the spotlight after an incident involving a California teacher named Carie Chatsworth. She was a second-grade teacher of 14 years at an elementary school in El Cajon when she was fired last April after her estranged husband who verbally and emotionally abused her for several years went to the school’s parking lot, causing the campus to go on a preventive lockdown.
The man was later arrested; however, Chatsworth later received a notice telling her that the events that transpired involving her former husband resulted in her contract to teach for the school to not be renewed.
Long before the bill was passed and was still being heard in the California Senate, Chatsworth testified before a Senate committee, explaining the need of victims “to be able to speak up about what is happening so they can get the help they need to leave their abusive situation.” Fortunately, the bill was passed, thanks to the all-out support from its sponsors, as well as civil rights groups.
Meanwhile, Los Angeles employment lawyers see this recent legislation as a great way to extend employment protections to employees working in California. With the passage of the bill, legal professionals believe that victims of domestic violence are no longer at risk of losing their jobs.
Since time immemorial, women have been falling victims to the many forms of discrimination in the workplace. Day in and day out, women are being harassed in different ways. Some get subjected to physical abuse. From groping, to rubbing of certain body parts, even with simple sexually-charged jokes and remarks. All these acts of sexual harassment clearly violates women’s rights and are prohibited based on federal and state laws implemented everywhere in the country.
Are the laws not yet enough?
There are a number of federal laws, strengthened by many state laws that help put a stop to these forms of discrimination and abuse. However, some employers and supervisors think that think they can get away with these laws. Moreover, these people think that they can manipulate every woman in their respective workplace. Just like in the complaint filed by a female employee, Jennifer Johnson from Wyoming. Miss Johnson was said to be harassed by one of her female supervisors at a construction site. After she talked to the owner of the company to report the said abuse, she was then terminated from her work. Under existing laws against discrimination and wrongful termination in California, you can file charges to avenge the injustice that you’ve been subjected to.
What should a female victim do?
Just like Miss Johnson, you should first seek remedy internally. However, when that fails, you can always turn to government agencies like the US EEOC. They will help you come up with your complaint, assisting you from the preparation of the case, its filing, even to the settlement and litigation of your complaint. They will help you seek remedies for the different kinds of abuses that you get subjected to. And just like Miss Johnson, you too can get justice for the harassment that you have been subjected to.
What can you do to finally stop these acts of discrimination from happening?
First up, you should familiarize yourself with your rights. Such reading materials can be found online. Read and understand them so you will know when your rights are being trampled on by other people. This could also help you know what you should do if you’ve been a victim of such acts. Just look for and hire the services of a top-notch California lawyer to help you prepare and file charges against those who harassed and discriminated you.
Retaliation simply means an action that is made out of revenge. In employment, retaliation usually happens when an employer punishes you in any way or form for doing what is right, such as reporting the employer’s unlawful conduct.
If you are an employee, you are entitled to your right to report to the appropriate employment agency your employer’s engagement in an illegal activity. However, if you do so complain and you have been subjected to an adverse employment action such as termination, then you may have a case of retaliatory termination or discharge. It is also possible that you may be subjected to discrimination or harassment before getting fired.
You can only be protected under various federal laws if you already filed your complaint of discrimination or harassment with your employer’s human resources department but wasn’t able to address it. There are a lot of federal laws that protect you from getting terminated in retaliation for doing what is right, such as the following:
• Title VII of the Civil Rights Act of 1964;
• Age Discrimination in Employment Act (ADEA);
• Americans with Disabilities Act (ADA);
• Equal Pay Act (EPA); and
• Fair Labor Standards Act (FLSA), among others.
Under these laws, current and former employees are protected from retaliation. There is also no need to prove that you were treated differently in employment because of being a member of a protected group like your race, religion, sex, national origin, age or disability.
Moreover, under federal employment laws, your employer cannot retaliate against you if you engaged in a so-called “protected activity.” One example of a protected activity is when you refuse to obey an order you believe is illegal under the prevailing laws, or you filed a complaint citing discrimination or harassment in your workplace. You cannot also be subjected to retaliatory termination if you participated in an investigation, hearing, or lawsuit against your employer’s perceived illegal activity.
In order for you to establish a valid claim of retaliatory termination, you must not only prove that you were engaged in a “protected activity,” but you believe that your termination is connected to it. The best way to fully establish your claim against your employer is to seek the expertise of a Los Angeles employment lawyer.
Discrimination on the basis of sex is prohibited under the Title VII of the Civil Rights Act. This form of workplace bias does not only include harassment towards the opposite or same sex and discrepancy in terms of pay and compensation for both sexes, but also include pregnancy, childbirth, and related medical conditions.
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| Credit: Steadyhealth.com |
As it is, pregnancy discrimination in employment involves treating a female applicant or employee unfavorably because of her pregnancy, childbirth or related medical condition. Since it is considered sex discrimination, pregnant employees and applicants are protected under Title VII via the Pregnancy Discrimination Act (PDA), a law amending the said federal law.
Basically, the PDA does not allow covered employers with 15 or more employees to discriminate a female applicant or employee based on her pregnancy in any aspect of employment, from hiring, termination, pay and compensation, fringe benefits (e.g. leave, health insurance), to any term or condition of employment.
Having a medical condition related to pregnancy or childbirth could result to an employee not being able to continue her job. If this is so, her employer must treat her the same way as an employee with a temporary disability. Providing reasonable accommodations (e.g. lighter job duties, alternative job assignments) and pregnancy and maternity leave can be provided to the pregnant employee.
Also, harassing an employee or applicant because of her pregnancy, childbirth, or related medical condition is likewise not allowed under the PDA. It is considered illegal if the harassment is frequent and causes a hostile work environment that may result in an adverse employment action, such as termination, demotion, or deprivation of employment privileges.
Covered employers of the PDA that allow employees with temporary disabilities to take a leave must also do the same to employees with pregnancy- or childbirth-related disabilities. Incidentally, the Family and Leave Act (FMLA) allows new parents, including foster and adoptive parents, to be eligible for up to 12 weeks of unpaid leave (unless the employee has earned it) in order for them to take care of their newborn.
Meanwhile, if you are an employee and you have been discriminated against, say, fired, by your employer because of your pregnancy, then it is best that you consult with a Los Angeles wrongful termination lawyer. It may also help if you file a complaint with the Equal Employment Opportunity Commission (EEOC).
Having a strong relationship with your co-workers really matters a lot, especially if you want a workplace to be as happy and productive as possible. Basically, California employment discrimination issues happen too often in most workplaces in the state, but if you and your co-workers get along together socially and professionally, then the likelihood of a major inconvenience won’t materialize.
Meanwhile, here are some helpful pointers on how you can promote a happy workplace:
• Establishing strong friendships with your colleagues makes for a fun working environment. This is what many people believe, despite others who opt to avoid making friends at work just because they believe personal and professional life should not be intertwined. Having close relationships with your colleagues does not only promote happiness, but is also known to reduce anxiety, among other positive effects.
• But then, if you are currently in a relationship with someone, stay away from any situations with one of your colleagues that might tempt you to do something bad.
• If you are the introvert type of person who would rather work alone, it might be best for you to allot your time to getting to know other people in your workplace. Socializing with others gives you and your co-workers a boost, especially on the moods of both introverts like you and extroverts.
• Always identify the problem. Whenever you have an issue with a colleague, especially if he or she gets under your skin, try to know why.
• Try to talk to a few people in your workplace whom you have not known too well. That way, you will feel more socially comfortable. Also, doing so will facilitate work flow, and the more you often see someone, the more intelligent or attractive he or she that person will seem. That is what you call repeated exposure.
• Be as casual as you can be, but do not forget to draw the line. Divulging too much personal information about yourself may turn off some of your colleagues whom you have already established a close relationship with.
As long as you maintain a strong friendship with your colleagues, not only will there be work flow and productivity. All problems that all of you may encounter at work can be sorted out right away. Plus, you will be avoiding any instances regarding major employment issues such as discrimination and harassment.
In March 4, 1913, the workers in the United States have found an ally in the government. In that day, legislation paved the way for the creation of the US Department of Labor. This agency of the government is responsible for representing the Labor Sector in the White House. The DOL is responsible for ensuring that the rights and welfare of the American workforce are protected and upheld at all times. This ensures the protection of every worker from abuse, harassment, discrimination, and other unfair practices by employers. This also makes sure that all the employment and labor laws are properly implemented.
The DOL: A hundred years after
One hundred years after its institution, the DOL has continued to not just provide protection for employees, it is also is responsible for the creation of jobs, the improvement of working conditions, and ensuring that workers are provided with access to benefits and are aware of their rights. In celebration of its centennial the following events highlight the agency’s contributions in its 100 years of existence:
- The release of a report about the Moynihan Black Poverty Report and what 50 years after
- A video about the state of the US Labor and Employment Relations for the past 100 years
- A Bloomberg report about the Women’s Bureau’s Esther Peterson and how she have fought for the equal pay for women in the workplace
- MSNBC’s report that honors former Secretary of Labor Frances Perkins, the architech of Social Security on her 133rd birthday
- The posting of a question about the DOL on Jeopardy
- The choosing and the celebration of the life of Frances Perkins as the best “Labor saint”
- A Federal News Radio guesting of Carl Fillichio, senior adviser for Public Affairs and Communications of the Labor Department where the Labor sector’s past, present, and future was discussed
- Celebration of the 20th anniversary of the Family and Medical Leave Act (FMLA), and
- An academic symposium with the Labor Department held in Cornell University
DOL: 100 years and beyond
The celebration of the Labor Department’s 100th year is just one of the many more celebrations that are about to come. A group of Los Angeles employment lawyers believe that the agency through its leadership and the participation of all citizens can make a huge impact in once and for all ensure the fostering of a perfect working environment for every American. That is why these Los Angeles attorneys encourage everybody to be an active player in helping achieve the goals of the Labor Department in the next hundreds of years.
