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September 2015 Archives

Overtime laws could apply to employees who are paid commission

California employees whose pay consists partially or entirely of sales commissions might want to know more about overtime laws and their exemptions. The federal Fair Labor Standards Act spells out various exemptions, but employers may not always follow the regulations, and this could expose them to employee overtime claims.

Age discrimination lawsuit could affect California workers

California workers should be aware of an age discrimination lawsuit that is pending against Texas Roadhouse, a national restaurant franchise. In 2009, a 40-year-old Florida woman applied for a job as a server at one of the chain's locations. The worker claims she had two years of restaurant experience before applying.

Court rules suspension without pay not adverse action

Workers in California may wonder whether being suspended from a position with pay is an adverse employment action that employees are protected against under Title VII of the Civil Rights Act of 1964. According to a judgment by the U.S. Court of Appeals for the 3rd Circuit, it is not. While the 3rd Circuit covers only Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, other courts have made a similar decision.

Former employee sues Microsoft for gender discrimination

California computer enthusiasts may be interested to learn that on Sept. 16, it was reported that Microsoft was sued by a former employee who claimed that company discriminated against female employees. The woman, who left the company in 2014, filed the lawsuit in Seattle.

Transgender workplace discrimination

Many transgender people living in California have concerns regarding how they will be treated in the workplace. In some cases, people have experienced workplace discrimination or harassment during gender transition. In other cases, individuals have experienced discrimination in hiring or may face issues after coming out as transgender in their current place of employment.

Obama signs paid sick leave order for contractors

On Labor Day, President Barack Obama announced that he will sign an executive order on Sept. 14 that forces companies with government contracts to provide paid sick leave to their employees. The order will affect thousands of workers in California and across the nation. Low-wage workers are expected to benefit the most.

The problem of age discrimination in California

Even though they may have quality experience on their resume, older workers may have a harder time finding employment. Although most states have laws that ban age discrimination, they may not help those over the age of 65 obtain gainful employment. Those who study the issue say that while discrimination laws protect workers from being fired, they may hinder them from being hired.

Lawsuit for wrongful termination filed by former company CEO

California residents may have heard about a lawsuit filed in Pennsylvania by the former CEO and president of the insurance company, Highmark. According to the wrongful termination lawsuit, the former CEO alleges that his firing by the Highmark Board of Directors in 2012 was wrong because he did not violate any of the company's policies.

Retaliation in the federal sector

In California and other states, discrimination in the workplace can take many forms. An act that seems like discrimination is sometimes only the start of a problem in the federal sector as the Equal Employment Opportunity Commission reported that the most common issue reported by employees is retaliation, and retaliation is also the most frequent finding when cases take place.

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