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Archive for labor law

Understanding Employment Law on Sexual Orientation Discrimination

Sexual orientation discrimination submits as harassment or disparity based on someone’s gay, lesbian, bi-sexual, or heterosexual orientation.  Many workplaces and even states have employment and labor laws against sexual discrimination.  The topic of LGBT rights has been a controversial one with mixed emotions throughout the country.  Whether it is employment law in Los Angeles or Arkansas, it is important to check with your workplace policies for the sake of your rights.

Whether you live in a state that has employment laws against sexual orientation discrimination or not, many companies offer policies that prohibit sexual orientation discrimination.  According to an article from FindLaw, “by law, these policies can be more, but not less, stringent than the state or local law’s standards. So, if you live in Indiana, a state that protects public workers from sexual orientation discrimination, but not workers in the private sector, and you work for a public company, your company may have policies that protect against sexual orientation discrimination.”

Many of these policies include disciplinary steps forced on managers and other employees who partake in sexual orientation discrimination.  The policies can eliminate any discriminatory action taken against the employee or even disciplinary action against the manager or conflicting party.  If you have experienced sexual orientation discrimination be sure to check your state’s employment laws and or company’s policies.  If your employer does not follow such rules, contact your Los Angeles employment lawyer immediately.

What You Need to Know About Labor Law and Maternity Leave

If you or your significant other is about to become a parent in the state of California, it is important that you are informed about California’s maternity leave rules and regulations.  The Golden State has some of the best family leave laws in the nation better helping expectant parents through the process.  Employment law in Los Angeles, better yet in California can often be under estimated, therefore it is important to understand your rights and take advantage of all the amenities the state has to offer.

In 2004, the Paid Family Leave law went into effect, which provides partial wage replacement to eligible workers on leave for care giving and bonding.  In order to quality for PFL, you must meet the following:

  1. Reside in California
  2. Must have contributed to State Disability Insurance, which is an automatic deduction from most paychecks
  3. Have a doctor’s note to support your time off due to bonding with a newborn, foster or adopted child or to care for a sick family member.

If you meet all the requirements for PFL, you are eligible to obtain up to 6 weeks worth of wages at a reduced level.  For example, this can be as much as two-thirds of your regular incoming during the time period.  California employment law defines a few things to remember when considering PFL.

  1. Benefits will begin after one week
  2. You can split you PFL over different segments instead of taking off six straight weeks off.
  3. Some employers may require you to use your vacation time or sick days before your PFL benefits kick in.
  4. Both parents may take PFL at the same time

Maintaining contact with your employer and human resources department is a great way to promote a clear line of communication.  Understanding California employment law and rights is important to better help you focus on what’s most important: your baby’s health.

Lets Take a Break From Employment Law: 13 Funny International Laws

Your Los Angeles employment lawyer likes it mix it up when it comes to blogging. This week we’ve decided to sway away from employment law and add some fun.  Reader’s Digest came out with an article on “13 Funny International Laws You’d Never Know Were Real.” For all you travelers out there check out these wacky laws before you head out! No one likes to pay fines!

Vicks inhalers are forbidden in Japan

In Japan, over-the-counter allergy/sinus medications that contain the ingredient pseudoephedrine such as Vicks inhalers and Sudafed are banned under Japan’s strict anti-stimulant drug laws.

Don’t eat on church steps in Italy

It’s an offense in Florence to eat or drink while sitting on church steps or within a church courtyard.

Keep your top on in Fiji

Public nudity and topless bathing are illegal here. Stay covered up and out of jail.

Feed the pigeons and you’ll break the law in San Francisco

The city famous for the Golden Gate Bridge blames the ubiquitous birds for spreading disease and damaging property.

Leave your bible at home in the Maldives

In the Maldives, public observance of any religion other than Islam is prohibited, and it’s an offense to import bibles into the country.

Watch your camera in Kazakhstan

Photography in and around airports is illegal, and taking pictures of military and official buildings is frowned upon as well.

Don’t smoke in Jamaica, mon

Tourists may be surprised to discover that marijuana is outlawed in Jamaica.

Pack a breathalyzer in France

Drivers are legally required to carry a portable Breathalyzer in their vehicle.

Pucker up at your peril in the United Arab Emirates

Tourists have been arrested and thrown in jail for kissing in public.

Butt out and chew carefully in Singapore

Lighting up in public—in restaurants, on the street, in a park—will earn a stiff fine in this Asian country.

Keep your pants on in Greece

Dropping your drawers is a chargeable offense in Greece that can bring with it a steep fine or jail time.

Bathing suits are for the beach only in Barcelona

In this Spanish city, it’s against the law to wear swimming attire on public streets

Don’t empty your piggy bank for purchases in Canada

If you’re shopping in Canada, don’t expect cashiers to accept stacks of coins as your sole method of payment

Now if you thought employment law was complicated, don’t you think these laws are a little crazy?


Los Angeles Race and Origin Discrimination Laws

The law requires everyone to be treated properly and there can be no discrimination based on race and origin. Laws and regulations in the US usually differ from state to state. However, discriminatory laws are generally the same throughout the country including Los Angeles.

According to your Los Angeles race and origin discrimination attorney laws emphasize on equal employment opportunity (EEO). As per EEO everyone should be treated equally and one should not be preferred over other due to race and origin. Every decision from hiring to firing to promotion to salary should be based on a person’s competencies and not on such points.

Several organizations still treat people unfavorably due to them belonging to a particular race or country. Discrimination may also be based on other things such as a person’s gender, disability, marital status etc. Los Angeles race and origin discrimination laws say that any company that indulges in such practices is breaking the law and may be brought into the court to justify its position.

If the discrimination is based on skills then the organization is not responsible. However, if it is based on other points then the organization may have to suffer a blow. It is due to this reason that many organizations do not have sections for gender, race, nationality, religion and marital status on their application form so that there is no chances of discrimination at the time of selecting a candidate.

However, discrimination problems may arise even after a candidate has been selected. Other areas such as a company’s failure to promote an employee due to reasons such as ethnicity are also covered in detail by Los Angeles race and origin discrimination.

If you face such problems from your organization you should not waste time in consulting a lawyer so that you can get what you deserve.

Areas US Labor Laws Cover

Laws are created to give strong grounds to industry for the whole country to stand on. In the US there are laws regarding everything including labors. The presence of these laws makes it easy for everyone to work as the law gives answer to all labor related problems.

If you ever face a problem in your tenure you should look for a Los Angeles labor law attorney. Some areas that are very well explained by the law include.

Wages and Hours

This section covers minimum wages to be paid and overtime pay so that the workers receive a justified amount of money. This is known as Fair Labor Standards Act and gives strong guidelines regarding these. Additionally, child labor protections and laws for disabled are also passed.

Safety Standards

In order to make companies provide the right kind of environment to the workers several acts have been passed including Occupational Safety and Health Act. If your organization does not take care of safety standards then you may contact a Los Angeles labor law attorney.

Benefits and Compensation

Most of the time benefits and compensation receives is the biggest bone of contention. The law is very clear about these points. All problems like retirement benefits, available leaves etc. can be easily solved in the court of law.

In addition to these a Los Angeles labor law attorney can also help you with several other standards. There are laws for both, American and non-American, citizens so that there Is no ambiguity.

Important Points of an Employment Contract

It is very important that you go through your employment contract in detail before signing on the dotted lines. Many experts also suggest seeking help from a Los Angeles employment law attorney so that you fully understand what you are taking on.

Since employment contracts are mostly written using legal jargons it may be difficult for a man of ordinary prudence to understand the clauses. This is why it is important that you seek help of a Los Angeles employment law attorney.

Some very important points that you need to be careful about include:

  • Type of employment: You should be very well aware of the type of employment you are getting into. It may be employment at will or employment for a fixed term. The former allows the employee to leave the job whenever deemed necessary with prior notice or as agreed. While the latter may require approval from the company and other such procedures.
  • Restraints: Several contracts put certain restrictions on the employee. This may be restriction on trade, disclosure etc. Some of these restrictions are required and legal but some of these may be completely illegal depending on the prevailing laws and regulations. For example: A clause that prevents the employee from running similar business for life is illegal.
  • Resignation: This point is very important for your own security. Many companies have clauses in a contract that make it very difficult for an employee to resign as they may require the employee to part ways with salary owed etc. It is very important that you see the rights and duties mentioned in the contract clearly and understand every point well before you sign to seal the deal.

A Los Angeles employment law attorney can help you in all this and much more. A lawyer can explain all the terms to you so that you fully know all the details.