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Los Angeles Employment Law Blog

California family employment law standards rank high

Welcoming a new baby into a family is an important and joyous life event. While adjusting to life with a newborn, the last thing people should worry about is the safety of their jobs. California and federal employment law recognizes this and offers job protection to new parents, which is a good thing because 65 percent of children in California live in households in which all parents work outside the home.

The Family and Medical Leave Act, enacted by Congress in 1993, gives all employees up to 12 weeks of unpaid leave after welcoming a new child, either after a pregnancy or through an adoption. However, only about half of the nation's workforce qualifies under FMLA. In order to qualify, the employee's business must employ at least 50 people.

Ruling protects transgender workers from hiring discrimination

California employers cannot engage in workplace discrimination. This includes hiring discrimination. In other words, employers cannot unlawfully discriminate against a person when making hiring decisions. Unlawful discrimination includes discrimination based on age, race, sexual orientation and marital status.

These laws are meant to help protect employees from employers who would potentially not hire them for a position they are qualified for just because of one of these factors. The Equal Employment Opportunity Commission is responsible for interpreting and enforcing employment law in the United States. Therefore, the EEOC controls the rules for what qualifies as discrimination across the country.

Unsafe working conditions at LAX lead to possible retaliation

Los Angeles employees have a right to safe working conditions when they are on the job. This is not only important for the employees themselves, but also for the public they are serving. California employment law prohibits employers from retaliating against employees for speaking out against unsafe working conditions.

Recently, two members of the Los Angeles City Council along with the Service Employees International Union have spoken out about the working conditions at Los Angeles International Airport. According to the councilmen, service employees at LAX are subject to unsafe working conditions, poor training and unsatisfactory oversight by the contractors responsible for them.

Popular California radio host claims he was wrongfully terminated

As this blog detailed in previous coverage, California employees have protections under the law from being fired from their jobs on grounds of unlawful discrimination. When employees are fired because of unlawful discrimination, they have been wrongfully terminated and have legal remedies available to them.

These rules apply regardless of if the employee is an at-will employee or if the employee is under a contract. In other words, it is deemed wrongful termination if an employee's contract is terminated because of some unlawful discrimination such as age or disability discrimination.

Justice in sexual harassment cases could be delayed

More than 100 female employees of one of the largest truck driving companies in the nation, based in the Midwest, have complained of unwanted sexual advances from male drivers during training rides across the country. The women gave detailed accounts to a federal agency of how they faced groping and sexual assault in the trucks and how receiving a passing grade depended on their reactions to the advances.

Given the number of women who have come forward complaining of sexual harassment at the trucking company, it was anticipated that a workplace discrimination judgment would soon follow. Unfortunately, the class action suit has backfired and the Equal Employment Opportunity Commission's investigative tactic has become the focus of the courts. In fact, the only case that has ever reached a jury since 2005 is that of a California woman who filed her own lawsuit and was awarded $1.5 million.

Popular Los Angeles restaurant sued over wrongful termination

When a California employee experiences a wrongful termination, the employee's world can be turned upside down. Under California employment law, it is unlawful to fire an employee for a discriminatory reason. This unlawful discrimination includes age, race, religion, sexual orientation and disability status. One disability in particular that employers cannot discriminate against is HIV status.

One Los Angeles busboy recently filed suit against his former employer, the popular restaurant The Ivy. In this lawsuit, the man claims he was wrongfully terminated under California's Fair Employment and Housing Act. The man alleges the violation occurred when he was fired because of his HIV-positive status.

Low staffing levels threaten safe working conditions at Walmart

It is every business's obligation to provide safe working conditions for its employees. Those employees who are injured have the right to work free from any retaliation or harassment from their employer following their injury under existing employment law.

Unsafe working conditions are not always created by dangerous equipment or some obvious hazard -- the danger can be caused by more subtle problems. Many Walmart employees in California have complained that understaffing has created unsafe working conditions for them, and that those who speak up face retaliation.

New California law protects against hiring discrimination

In California, employees are protected by employment laws that prohibit hiring discrimination based on race, color, ancestry or age. However, in a job market that has become increasingly competitive since the beginning of the latest recession, employers are using personal credit histories to make hiring and firing decisions.

Using credit histories can lead to employment discrimination and in some cases even racial discrimination. Under Title VII of the Civil Rights Act, it is illegal to make hiring decisions that have an unequal racial impact. Using credit histories to make hiring decisions could violate the Civil Rights Act if it causes employers to pass on minorities more frequently.

L.A. firefighter receives workplace discrimination settlement

A Los Angeles, California, firefighter has received a nearly $500,000 settlement from his employer, the Los Angeles Fire Department, after he faced harassment that violated employment law under the Civil Rights Act. This firefighter repeatedly faced sexual discrimination and also religious discrimination from his co-workers.

The discrimination began in 2006 after some of his co-workers learned that the firefighter had brought a lawsuit against the Catholic Church in which the he alleged sexual abuse by a priest. The firefighter was subjected to explicit and offensive name-calling and other comments which created a hostile work environment. The firefighter informed management but the hostility continued.

California warehouse workers file wage violation suit

In California, minimum wage laws require that workers be paid at least $8 an hour. Warehouse workers have recently filed an employment law suit in United States District Court in Los Angeles claiming that worker rights were violated when they were paid significantly less than minimum wage.

Just east of Los Angeles lies a vast system of warehouses supplying goods for major U.S. companies. Within these facilities products are received from overseas manufacturers and are distributed throughout the United States.

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