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Tag Archive for Los Angeles employment law

Your Los Angeles Employment Lawyer Talks Law School Financial Aid

If you are in the process of applying to law schools, often you are more concerned about studying for the LSAT or researching schools rather than thinking about the financial costs of attending, which is often considered a burden for many.  The top law schools, such as Yale and Harvard’s tuition can often run over $50,000 per year and that doesn’t include the cost of living.  However, the cost shouldn’t be the determining factor on chasing your goals.  Don’t stress, your Los Angeles employment lawyer explains all you need to know about making the process less complicated.

• Need-based aid: Those looking to apply need-based financial aid are typically required to provide parental financial information, however each school varies on the type of information required. It is important to note that receiving grants is typically more difficult to receive as loans are readily available.

• Merit-based aid: According to US News, this source of paying for law school is often overlooked by applicants since there is often no special application for it, and it is usually not highlighted by law schools. However, merit-based aid can substantially reduce the cost of law school from the start, so parents should focus their efforts on helping their children attain the highest possible merit-based packages.

When it comes to receiving scholarships, your LSAT score, GPA, extra-curricular activities and internships are highly considered in the process when awarding aid. The application process can be quite challenging, it is recommended to set up an appointment with an admissions counselor to help guide you through any possible inquiries.

FedEx Deals with Employment Law Case

A California woman was terminated from FedEx for entering her time card incorrectly.  Although her employer most likely has not violated California Labor Laws, the woman claims that she was wrongfully terminated.  If you have experienced time card manipulation issues contact your Los Angeles employment law attorney for a confidential consultation.

According to online legal news source, Lawyers and Settlements, California’s Labor Code states that an employment relationship with no specified duration is presumed to be employment “at-will.” In theory, this means that the employer or employee may terminate the employment relationship at any time, with or without cause. But it isn’t black and white. The at-will rule created by statute, the courts or public policy has exceptions. An employer can terminate a worker at will and, as long as it isn’t for the “wrong” reason, they won’t violate the California labor code.

The woman claims that she was fired for “stealing” from the company for entering the wrong information on her time card.  The woman, who began with FedEx in 2006 as a lead project coordinator, claimed that her job was going well until eight months into the job, a dispute took place between with her assistant manager over leaving work to pick up her daughter from school.

Ever since then, her work environment turned hostile.  She was able to transfer locations, however her home life took a turn for the worse, filing for divorce after 20 years of marriage.  She became clinically depressed and was prescribed anti-depressant pills with caused her to become forgetful, her main claim for forgetting to clock out and miscalculate her hours.  Even with a doctor’s note, FedEx still does not buy the claim and till today the woman has yet to return to work.

Employment Law: Difference Between Independent Contractor and Employee

An independent contractor is a person or business that provides good or services to another entity under the terms of a contract of agreement.  An independent contractor, also known as a freelancer, does not work regularly for an employer, but as needed.  If you have been misclassified as an independent contractor, contact your Los Angeles employment lawyer for a confidential consultation.

The benefits of working with an independent contractor, generally means the employer saves money via lower taxes, no benefits, workers compensation and lower taxes.  However, if legal issues were to arise serious claims may result from unpaid taxes, wages civil fines, attorney fees and the possibility of criminal charges.

The United States Supreme Court explains that there are no clearly defined rules that determining employees and independent contractors. Rather, overall relationship plays a key role in determining.

  • The skill required
  • The source of the instrumentalities and tools
  • The location of the work
  • The extent of the hired party’s discretion over when and how long to work
  • The method of payment
  • The hired party’s role in hiring and paying assistants
  • Whether the hiring party is in business
  • The provision of employee benefits
  • The tax treatment of the hired party

Who Would Have Thought? The 10 Weirdest Laws

We figured we would spice it up this week  and switch gears from employment law and talk about the weirdest laws you have probably never heard of, but in fact are illegal! Crazy laws are in fact true around the country and the world.  Who ever thought that up until recently, it was illegal to throw a Frisbee at the beach in Los Angeles County without a lifeguard’s permission? Annoying, weird, we know.  We figured we’d find a few more wacky laws to inform you about via AOL travel.

1. In Alabama, it is unlawful to wear a false mustache in church and cause “unseemly laughter.” The state also keeps a law against driving while blindfolded on the books, just in case you are in a hurry to get to church and do not want to be sidelined by even the possibility of seeing someone with a false mustache and risk breaking into a gale of chortles.

2. In Phoenix, Arizona, the law states that every man who enters the city limits must wear pants. Maybe this was aimed at Scottish bagpipe players, but the law has ensured the city stays clean of men in skirts from wherever they hail.

3. In Hawaii, coins may not to be placed in one’s ears. You can wear them in your nose, on your toes and under your arms but the ears are definitely out. Magicians take note.

4. In Montana, it is illegal for married women to go fishing alone on Sundays. And it is illegal for unmarried women to fish alone at all. This law is so critical to the upholding of ethical behavior in the state that the Billings Convention and Visitors Bureau featured the tidbit of information on its website.

5. In Vermont, women must obtain written permission from their husbands to wear false teeth. But a note from hubby should make it all ok again no matter where the spectacle occurs.

Religious Discrimination: Know Your Rights

In the last few years, religious discrimination in the workplace has been on the rise. Laws on religious discrimination are quite confusing and contradictory.  For example, you can’t make employment decisions based on a person’s religion. On the other, you might have to take an employee’s religion into account when making certain workplace decisions. If you feel that you have been subjected to religious discrimination or harassment at work, contact your Los Angeles employment lawyer to explore your legal options.

Religious discrimination can take place in many ways.  A few examples include:

  1.  Treating an employee different than others due to their religion
  2.  Questioning their faith/religion during an interview process
  3. Letting an employee go due to their religion
  4. Not allowing an employee to wear religious clothing/items
  5. Denying a pay raise/promotion due to their religion

An employer must accommodate an employee’s religious beliefs in order to prevent an employee from facing hardship in the workplace.  Employers must understand that many religions observe Saturdays or Sundays and therefore must be willing to accept these conditions.  Refusing an employee to implement such practices is against the law.

Employment Rights Against Retaliation: Whistleblowing

In November 2012, President Barack Obama signed new whistleblower protections into law.  Also known as the Whistleblower Protection Enhancement Act, consists of protections for federal employees who are terminated for speaking out against illegal behaviors or actions on behalf of employees or their employer.

The Act, which was first passed in 1989, adds onto existing protections to those who disclose evidence of fraud, abuse, or waste they have encountered in the course of their employment. The new law provides greater insight to those seeking such relief.

According to the Wall Street Journal, informants in the private sector who expose violations of securities law can receive between 10% and 30% of a penalty if it’s more than $1 million under a program created by the Dodd-Frank Act. The program received more than 3,000 tips in the past year.

It is unlawful for an employer to retaliate against an employee in any way regarding complaints made to proper labor organization agencies for any legal claims which are filed by the employee as a result of workplace actions or conditions, if you feel like you have experienced retaliation contact your Los Angeles employment lawyer.

Employment Law: When California Employers Must Pay for Travel

Are you an hourly worker? Did you know that California law requires that hourly workers be paid for hours worked, which may include pay for travel. Pay for travel consists of time where an employee is not necessarily required to perform work but is still under an employer’s control. It is important to note that commuting to and from work is generally not time that an employer must compensate. Have you ever found yourself working off the clock? Contact your Los Angeles Employment Lawyer for a confidential consultation.

For example, time spent as a passenger in a transportation related entity is considered to be under employer’s control if required by the employer.  Examples of such include, attending an event or meeting. On top of that, there are instances where travel related cases such as waiting in traffic, purchasing a ticket, or getting on board, count as under employer’s control.  However there are cases where travel doesn’t count under employer’s control.  These instances include; meals, relaxation breaks and personal business.

In addition, California law permits employers to pay different rates for travel time. Although the rate must not be less than minimum wage, it can be under what their normal pay rate is. It is important to note that, in order to qualify for a reduced travel time payment, the employer must have notify you of a different pay rate for travel time before you travel.

If you believe that your employer has committed violations of the wage and hour laws, you don’t have to file an EEOC claim as you would in a typical discrimination case. Instead, you can hire a private attorney and file suit as soon as you discover the violation. If other people at your company have also been denied overtime, meals or breaks, you may be able to file a special type of FLSA class action lawsuit.

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.

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?

 

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.