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Labor and Employment Law Archives

When it's time to let an employee go

As a business owner, all sorts of employment-related hassles might arise. For example, you could have difficulty finding qualified applicants or you might be facing problems related to harassment in the workplace. However, some issues can be especially difficult to work through, such as the termination of an employee's position. Aside from how hard it can be to make these types of decisions, things can become even more complicated if an employee believes that his or her job was terminated due to discrimination, retaliation, or some other factor that is illegal. As a result, it is crucial for you to make sure that you approach this matter correctly and take steps to protect your business in the event that these allegations surface.

When false allegations arise in the workplace

Whether you are responsible for running a major corporation or a smaller business, allegations of discrimination and sexual harassment can be incredibly tough for your company and may have a significant impact on its future. Handling these accusations properly is pivotal, but some business owners are unsure of what to do when they suspect that the claims are not true. Unfortunately, some employees have launched false claims alleging that sexual harassment, discrimination, or another type of workplace violation occurred when it did not. Our law office knows that even when these accusations are untrue, they can be very damaging for a business.

Consequences that come with sexual harassment

Sexual harassment is a topic has seen increased attention recently, but the consequences of this problem are very real for those affected. Our California law office knows that unlawful harassment can not only shatter the lives of victims, but also the companies they work for and even those accused of this offense. If you are a business owner and a sexual harassment case has recently arisen, you should not postpone any steps to properly address the situation. In fact, even if no allegations have surfaced, it could be smart to take additional steps to prevent this violation from occurring.

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.

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