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Labor and Employment Law Archives

How common is sex-based harassment?

Workers decide to take legal action for various reasons, whether they believe they were discriminated against or have not been paid appropriately. However, sex-based harassment allegations can be especially challenging for employees and the companies they work for. As a result, it is important for business owners to understand the prevalence of this offense in workplaces across the country and look for ways to prevent sex-based harassment from occurring in the future. Sex-based harassment, which is related to a person's sex, takes different forms and includes sexual harassment

Preventing workplace discrimination

Business owners may encounter a myriad of difficulties, from legal action involving a competitor to making the decision to shut down. However, those which involve employment law can be especially stressful. For example, an employee may accuse someone of discrimination and decide to file suit. Not only can this reflect poorly on a business' reputation, but it can be costly as well. Moreover, discrimination can be difficult for victims who have been mistreated at work. As a result, it is vital to go over the ins and outs of your business and do what you can to prevent discrimination in the workplace.

Uber under fire for alleged gender and race discrimination

Uber Technologies Inc. has been accused by three engineers of violating California’s Equal Pay Act. The engineers, all of whom are female and Latina, have sued the rideshare company, alleging that it pays women and people of color less than their colleagues. Further, they also claim that the company did not promote them as regularly as it did employees who were male, white, and Asian.

Preventing sexual harassment in the workplace

If you run a business, you might come across a wide variety of challenges. Whether your company is large or you operate a smaller business, you could run into hurdles with competitors, staff members, clients, and even customers. In recent days, a considerable amount of media coverage has focused on sexual harassment. As a business owner, it is essential for you to do what you can to prevent sexual harassment from wreaking havoc in the workplace and doing your best to address these allegations correctly. Our law firm knows that the outcome of these cases can have a major impact on a business' future.

Mandatory Class Action Waivers in Arbitration Agreements Are Now Prohibited in California

In a recent decision, which affects all employers in California, the Federal Ninth Circuit Court of Appeals in the case of Morris v. Ernst & Young, LLP, --- F.3d ---- (2016) recently outlawed the use of mandatory class action waivers in arbitration agreements in California.

Employer Best Practices: Why You Should Track Your Exempt Employees' Time

Under the Fair Labor Standards Act ("FLSA"), employers must track and record time for non-exempt (i.e., overtime-eligible) employees. To be classified as exempt, the employee's job generally must satisfy both a salary basis test and a duties basis test. Exempt employees generally must be paid on a salary basis, meaning they must be paid a fixed salary pay period. The U.S. Department of Labor (DOL) enforces regulations that define the salary basis requirement to satisfy the exempt status tests. Exempt, Administrative, Executive, and Professional employees must be paid a predetermined amount each pay period that is at least the minimum weekly salary required by the regulations. The current federal minimum is $455 per week, but will increase to $913 per week on December 1, 2016; however some states require a higher minimum weekly salary to satisfy this test. The amount paid may not be reduced because of a variation in the quality or quantity of the work performed.

My Employees Are Bad Mouthing My Company on Facebook - I Can Fire Them, Right?!

It is becoming increasingly common for disgruntled employees to air their employer's dirty laundry on social media sites like Facebook, and in so doing, publicly share unflattering information about his or her employer that it wants to remain private. For example, an employee might post on Facebook that his "boss is a jerk", that the company treats its clients poorly, or even discriminates against certain classes of employees or customers. In response to an employee's public disclosure on social media of unflattering company information, employers may want to terminate their loose-lipped employees. However, would such a termination be lawful?

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