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January 2018 Archives

Family and Medical Leave Act: Son or daughter definition

The Family and Medical Leave Act (FMLA) has specific protections for workers who meet the criteria for the unpaid leave. One of the provisions that is in this act is that the employee can take off work to care for a son or daughter. This can occur due to the birth, adoption or placement of a foster child in the home.

When it comes to work, what does your age have to do with it?

Do you ever feel like your employer avoids giving you assignments, refuses to promote you or offers you unfair benefits -- among other things -- because of how old you are? If so, you may be entitled to file an age discrimination claim against the responsible parties. In California and elsewhere, your age is not a reason for an employer to discriminate against you.

Preparing for a claim against sexual orientation discrimination

Regardless of whether you are transgender, lesbian, gay or bisexual, you have the right to be free from discrimination, harassment, and retaliation in the workplace. The law has been slow to catch up to modern times. Not even half of states nor the federal government have protections against sexual orientation discrimination as they do against discrimination because of race, religion, disability or gender. Fortunately, California is one of the states that went the extra mile to protect your right to a workplace free from discrimination.

Overtime pay isn't optional if the employee puts in the time

Employees who work more than 40 hours in a single work week are entitled to overtime pay. There isn't any room for negotiation or discussion on this point when it comes to people who are paid hourly. Some employers will try to claim that employees who are due overtime shouldn't be paid those wages because the overtime wasn't authorized. This simply isn't the case.

Big differences between employees and independent contractors

Employment law is a wide open area of the law that encompasses a variety of situations. One of the commonly misunderstood areas of employment law has to do with a person's employment classification. This includes the differences between an employee and an independent contractor.

Employers might fight your unemployment claim

Unemployment benefits are a way for workers who are let go from a job or quit because of a hostile workplace to have some income until they are able to return to work. There are cases in which unemployment claims are made by employees and they get those benefits without any other work on the employee's part. In other cases, the employer contests the issuance of unemployment benefits.

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