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January 2016 Archives

Recent Supreme Court decision could impact class action lawsuits

In some class action lawsuits, the defendant (usually a company or corporation) will offer the main plaintiffs named in the lawsuit full compensation. Why would the defendant do such a thing? In a legal tactic and effort to avoid having to pay all members in a class action lawsuit, the full compensation to the main plaintiff only could automatically end the lawsuit, stopping the class action lawsuit altogether. This tactic worked for some defendants in the past. However, it will no longer work due to a recent Supreme Court decision.

Stuck with the bill at work? Know your reimbursement rights

Have you ever been expected to cover the cost of on-the-job expenses such as gas mileage and personal cellphone use? Have you been required to purchase your own tools or uniform? Under California law, these practices are often illegal - but unfortunately they remain common.

EEOC settles ADA employment discrimination complaint

The Equal Employment Opportunity Commission handles the prosecution of employment discrimination matters under federal law in California and nationwide. A state agency in each state handles similar matters, generally under the anti-discrimination law of that state.  In most complaints filed before the EEOC, the complainant is represented by an experienced employment litigation attorney. In some instances, the EEOC investigates and brings its own employment discrimination complaints in larger cases or where it wants to establish  a certain principle of employment law.

Employer must act decisively on sexual harassment complaint

Sexual harassment of an employee is prohibited by federal and state anti-discrimination laws. It can include unwelcome sexual advances, trying to trade job enhancement or promotions for sex or the creation of a hostile environment that makes the employee's job generally unbearable. Sexual harassment in California and all other states will not exist by mere teasing or offhand comments made in isolated instances; instead, the violation requires a set pattern of pervasive taunting, harassing, insulting or other repetitive hostile behavior so as to create an intolerable and offensive environment for the victim .

Employment discrimination may be facilitated by social media

In California and throughout the country, there is a new problem with the glut of personal information that people post online about themselves. It has been revealed that online research by employers is a powerful tool for employment discrimination. Instead of having to ask obviously improper questions during the job interview, for example, the interviewer can now surreptitiously turn to Facebook or another service to get some of the person's traits, such as age, religion, sexual preference, race and ethnic affiliation.

Employment discrimination based on age is prohibited by law

The Age Discrimination in Employment Act of 1967 (ADEA) is the federal statute that prohibits discrimination against employees or job applicants due to their age. It protects people over the age of 40. The federal prohibitions against employment discrimination due to age are administered by the Equal Employment Opportunity Commission (EEOC). California and all other states also have laws and enforcement agencies against similar prohibited job discrimination practices.

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