The Kaufman Law Firm
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An Employee Rights Law Firm

Matthew A. Kaufman has successfully represented employees in the areas of Family Medical Leave, Disability Discrimination and Wage & Commissions disputes for more than 20 years

Los Angeles Employment Law Blog

Contract employees and termination

Termination for any or no reason is often acceptable under the at-will doctrine for those who do not have a written or implied contract. However, when an employee in California has an employment agreement, the employer has less discretion in the matter. Chron.com explains that the contract typically spells out the process that must be undertaken, or the activities that may be grounds for ending the contract before its completion date. These include the following:

  •          Elimination of the job or reduction in workforce
  •          Misrepresentation
  •          Extreme immoral conduct or offensive behavior
  •          Unmet contract terms or failure to perform job duties

According to the State of California Department of Industrial Relations, there are many laws that address specific situations where an employer may not legally terminate an employee. For example, a worker has the right to serve jury duty, and is generally protected when he or she needs to appear in court for other reasons, as well.

6 facts to know about discrimination during pregnancy

Finding out you are pregnant is a joyous experience. You might be ready to start planning what you are going to do. Baby names, the nursery and your labor and delivery are all things you might think about. At some point, you might realize that you will need to decide how to handle your job. Before you make any decision, think about these points.

Facts about workers’ compensation

Many people in Los Angeles assume that any time they sustain workplace injuries they are entitled to receive workers’ compensation. While that is the basic premises of the law, there are many rules, stipulations and circumstances that can affect a person’s right to obtain benefits, states the Manufacturing Technology Mutual Insurance Company.

Not all workplace injuries and accident qualify

The gig economy raises new safety challenges for workers

Between Uber, Lyft, Postmates and countless other apps, more workers are turning to the on-demand or "gig economy" for temporary or even semi-permanent employment. But, as workers and consumers embrace these technologies, new questions arise in regards to worker safety.

States across the country are grappling with this issue. At the center of the debate: how responsible are these companies for protecting and covering individuals who are injured while working?

What are California’s child labor laws?

When it comes to child labor laws, one of the most difficult parts can be understanding what is required in your state. The California Department of Industrial Relations states that children under the age of 16 are required to attend school unless they have already completed high school. Even after high school is completed, your child is still considered a minor until he or she turns 18 and is subject to working laws for minors, unless a waiver is obtained.

 

How to respond to sexual harassement in the workplace

Your California workplace should be safe and free from hostility, but unfortunately, that may not always be the case. If you have experienced sexual harassment or misconduct, you may need help in order to correct the situation and to prevent it from reoccurring. We here at the Kaufman Law Firm understand the damaging effects that workplace harassment can have, and we want to stand with the victims to put a stop to the mistreatment.

If you are being harassed at work, there are several important steps you should take to protect yourself and bring about justice. First, do not give any appearance of encouraging the inappropriate behavior. In some cases, the person accused of misconduct claims that the victim seemed to enjoy it, thereby making his or her behavior consensual. If a co-worker or employer acts in a sexually inappropriate way, report it immediately through your company's proper channels. If a report is written up, keep a copy of it so that you can produce it as proof as needed in the future.

What is the Age Discrimination Employee Act?

As an older resident of Los Angeles, you may be concerned about your viability in the workplace as you continue to age. Jobs can be more difficult to come by the older you are, after all. However, there are protections in place to ensure that you have a fair shot at employment just like anyone else.

One of these protections is called the Age Discrimination Employee Act, known as ADEA, which protects anyone over 40. This means if you're over 40, you are protected from discrimination in the following areas:

  • Benefits
  • Training and job assignment
  • Firing or layoffs
  • Benefits and compensation
  • Hiring

Basics of the Employee Retirement Income Security Act

California residents have plenty of financial burdens to worry about. Between bills, daily expenses, any debts, car maintenance and so on, it can be difficult for a person to remember that they need to plan ahead both for the future, and for any potential unexpected financial surprises, good or bad.

This is where the Employee Retirement Income Security Act comes in. Also known as ERISA, The Balance defines this act as being the minimal benefit standard for many different benefits. This can include:

  • Health insurance
  • Pension plans and retirement
  • Disability and life insurance

What is disparate impact?

Residents and workers in California just like you have the right to live and work where you are comfortable, uninhibited by race, creed, religion, and other personal decisions or labels. However, you should also be aware of disparate impact and how it might affect you as an employee.

Defined by the Legal Dictionary as the use of a seemingly neutral practice to discriminate against employees, disparate impact can take many different forms. It can affect any protected class, and may be hard to identify at first specifically because the policy or policies that it takes place under are neutral on the surface. Oftentimes it is written off as being a practice that is “necessary for business” in some form, and usually the emphasis is not placed on the classes of people who are undermined by the practice, but rather on the gains made from it.

California and federal age discrimination laws

The workforce in California is made up of employees of almost all ages, from teens to octogenarians. Every person who wants to work should have the opportunity, and in many cases, it is against the law for companies to make choices about hiring, firing, training, promotions, assignments and pay based on age. The U.S. Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing both outline the rules and regulations that are aimed at preventing age discrimination in the state.

The EEOC enforces the Age Discrimination in Employment Act, which applies to employers that have at least 20 employees, government agencies at all levels, labor organizations and employment agencies. This federal law does not protect younger workers from this type of discrimination, and an employee who is over the age of 40 may receive favorable treatment based on age. However, a worker who is 40 or older must not receive less favorable treatment than those who are younger based on age.

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