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Got Labor Pains: The Blog

Employment7

Ignorance Is Not a Defense: California Employers Are Liable for the Discriminatory Acts of Their Supervisory Employees

By Scott • Wagner and Associates |

National origin discrimination is strictly prohibited by federal and California state law. Employers are prohibited from firing, refusing to hire, or disciplining an employee or job applicant based on their country of origin or nationality. Nor can an employer escape liability simply by claiming it was unaware of any such discrimination on the part… Read More »

AgeD

The Cost of Age Discrimination: Google Pays $11 Million to Settle 227 Claims

By Scott • Wagner and Associates |

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against employees or job applicants/prospective employees on the basis of age, provided the affected individual is age 40 or above. Although the law is clear on this point, the news is full of stories of employers who attempt… Read More »

Paycheck2

When Do You Get Your Final Paycheck Under California Law? The Answer Depends on How You Leave

By Scott • Wagner and Associates |

Most California workers are paid on a weekly or biweekly basis. But when an employer chooses to terminate an employee for any reason, California law requires “immediate” payment of any “wages earned and unpaid.” In other words, if you are fired or laid off, your now-former employer must give you your final paycheck that… Read More »

CruiseEmployee

“Seaing” the Big Picture: Employment Rights For Seafarers and Cruise Ship Employees (International Seafarers’ Bill of Rights and the Jones Act)

By Scott • Wagner and Associates |

Cruise ships are big business, especially in states like California and Florida. In California, and according to the most recent figures from the Port of Los Angeles, over 500,000 cruise ship passengers come through that port alone each year. And taking care of all those passengers requires a substantial investment in a ship’s crew…. Read More »

Promote

Failure to Promote: Legitimate Business Decision or Illegal Act of Discrimination?

By Scott • Wagner and Associates |

Employment discrimination laws do not just apply to decisions regarding the hiring and firing of employees. They also apply to a company’s decisions on whether to promote existing employees. For example, if Company A decides not to promote an employee to a managerial rule because he is African American, that would constitute illegal discrimination… Read More »

EmpDisc

Nothing Hairy About It: California Senate Moves to Ban Grooming Policies That Discriminate Against African Americans

By Scott • Wagner and Associates |

Racial discrimination in the workplace has long been prohibited under federal and state law. But there are other, more subtle forms of discrimination that continue to persist. For example, many Californians–notably African-Americans–are viewed as “unprofessional” based on their hairstyles. More precisely, some employers impose grooming codes that effectively bar African-American employees from sporting natural… Read More »

Janitor

Are Janitors “Franchisees” or Employees? Ninth Circuit Decision Applies Dynamex Retroactively to California Labor Law Claims

By Scott • Wagner and Associates |

Last year the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, which stated that all workers are “presumed to be employees” unless the employer can prove the worker is an independent contractor based on a three-part “ABC test.” The three tests include: (A) The… Read More »

Discrim7

Waiting Too Long to Object: Supreme Court Rules Employer Lost the Right to Raise Technical Objection to Title VII Complaint

By Scott • Wagner and Associates |

Title VII of the Civil Rights Act of 1964 protects all California employees from workplace discrimination based on race, color, religion, sex, or national origin. If an employer violates Title VII, the employee may pursue a civil lawsuit in federal court. However, the law first instructs the employee to file a formal discrimination charge… Read More »

WageHour4

Supreme Court Holds California Labor Law Does Not Protect Workers on Outer Continental Shelf

By Scott • Wagner and Associates |

California has its own state minimum wage and overtime laws that afford many employees greater protections than those provided by federal law. But what about employees who work in areas that are not on California soil, or maybe off the California coast, such as drilling platforms? Are such areas also covered by state law?… Read More »

DocMal

Does Your California Employer Have to Pay for Medical Testing If They Require it For Your Job?

By Scott • Wagner and Associates |

The Americans with Disabilities Act as Amended (ADAAA) is a federal law which limits an employer’s ability to make inquiries into an employee or job applicant’s medical condition(s), so long as the employer has 15 or more employees. Prior to making an offer of employment, an employer is generally prohibited from asking any questions… Read More »

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