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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

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.

Four things to keep in mind regarding maternity leave

A big fear of expecting mothers who are working full-time is what is going to happen when they have to leave work to give birth or take care of their child. And while you would assume that a new mother is automatically given "maternity leave," that is not always the case.

Getting ready to file a sexual harassment complaint?

When employees in California like you are faced with sexual harassment in the workplace, you may feel at a loss of what to do next. Filing a complaint can be a little trickier than you think, so it's best to go into the situation with as much advanced preparation as you can manage.

The first thing to note is that U.S. News states that there are several hurdles you should be aware of when pursuing a sexual harassment case, or following up on a complaint issued earlier. For example, you may not get the desired outcome with the first internal investigation. It is entirely possible that even if your claim is proven true, you may still be forced to work with the person you filed a complaint against. They aren't always fired, and sometimes they aren't even moved to a different department. Sometimes, they only get an official warning.

What is the Fair Labor Standards Act?

California workers deserve to work in an environment that does not risk their health. However, health wasn’t always prioritized in the working environments of the past. This is why the Fair Labor Standards Act came into existence.

The United States Department of Labor has said that the Fair Labor Standards Act is the foundation block that current labor fairness standards are built upon. Also known as FLSA, this act fixed a number of issues with the employment system. It introduced standards for wages and recordkeeping for fairness. Minimum wage is a concept that was solidified and established because of the FLSA. Overtime pay can also be attributed to this act.

How might military service affect employment?

If you are interested in joining the military but are presently employed, you may have questions about how your military service could impact your employment status. Serving in the military is a noble pursuit. Worries about your job should not dissuade you from enlistment. In fact, you are federally protected from discrimination in the workplace while serving in the military.

The Uniformed Services Employment and Reemployment Rights Act is the go-to law that protects service members from workplace discrimination. There were 1,328 cases filed in 2013 with 25 percent of complaints involving allegations of improper reinstatement following return from service.

Are same-sex couples entitled to ERISA benefits?

Following the U.S. v. Windsor decision, same-sex marriages were legalized and recognized across the United States. The Windsor decision required all federal agencies to grant the same benefits to same-sex couples as those that are enjoyed by heterosexual couples. For instance, same-sex couples can now file joint tax returns, obtain VA benefits, and spouses may participate in their spouse's ERISA-covered retirement plan.

'Union Persuader' rule overruled by federal judge

The Union Persuader rule required employers to disclose to employees any work they do regarding union organization efforts. The practical effect was to require law firms to disclose their efforts on behalf of their clients, the companies opposing union organization. A federal judge in Texas issued a permanent injunction which essentially nullifies the rule.

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