July 27, 2019
What the Law Says About Age Discrimination
According to the Age Discrimination in Employment Act of 1967, it is illegal for employers to treat workers unfairly due to their age – the cut off starts at 40 years and older. This law applies to private companies with 20 or more employees. It states that employers cannot discriminate based on age with respect to hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and/or training.
Let’s look at an example. If a company is facing financial hardship, and needs to make layoff decisions, they are prohibited from making those decisions based on the age of their employees. It may seem logical to lay off someone who is close to retirement age, since they would be leaving the company soon anyway, but that cannot be the basis for the layoff.
It is also illegal to harass employees based on their age, and it is illegal to retaliate against an employee that has appropriately spoken up against ageist practices. For example, if an employee mentions that a job posting for “recent college grads only” is problematic, and the employer retaliates against them by removing them from participating in the hiring process, that employer is acting unlawfully, and that behavior can be considered to be ageist.
An applicant/employees age is a protected quality under the law. If you are over 40 it is important to understand that you may face discrimination, and what to do about it if you do. If you believe you have been discriminated against in the workplace, call us to discuss the details of your case. We take ageism very seriously, and would like to help you fight for justice.
July 18, 2019
What are my rights as a whistleblower?
Under the law, a whistleblower is anyone who reports the illegal or fraudulent activity of their employer. Generally, an employee is expected to act in the best interest of the instruction they work for, but if that institution is behaving unjustly or immorally, the employee may report on those actions and be considered a whistleblower. In some cases, this is a legally protected position.
According to the Whistleblower Protection Act of 1989, a government employee who reports on violations of laws, mismanagement, the irresponsible handling of funds, or any general threat to health and safety, is protected from retaliation. Any negative action taken against the employee as a result of their negative disclosure can be considered retaliation. But even though protection laws are in place, retaliation still occurs.
If you plan on reporting on your employer, it is important for you to understand that protection is your legal right. If you are considering reporting on the problematic behavior of an employer, protect yourself from retaliation by taking the following precautions:
1) Document all of your communication with your employer, and keep a personal copy. Sadly, large organizations have been known to make reports and documentations disappear.
2) Keep track of timing. If you can prove that your report and the retaliatory behavior were not far apart, a judge is more likely to rule in your favor. Generally, no more than three months must have passed between the reporting and the retaliation for the retaliation claim to hold water.
3) Be able to describe how conditions deteriorated following your report, this will also help to prove your case.
Remember, when it comes to taking on your employer, you need to protect yourself with information and documentation.
July 11, 2019
What does CA Law Say About Bullying in the Workplace?
Bullying has received a lot of national attention recently. Adolescent and school-aged bullies can cause significant and lasting damage to their victims, and more than ever before our society is admonishing bullies and empowering victims and allies to step forward and stand up for themselves. This is a fantastic development for the children of today, but as many adults will tell you, bullying does not end when school does.
Workplace bullying and harassment is a real issue affecting thousands of employees across the nation. In the state of California, workers are legally protected from bullying when the harassment is based on certain protected characteristics. These characteristics include race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy/fertility. Actions taken in response to these protected characteristics can be considered bullying. Those actions can include but are not limited to jokes, derogatory commentary, innuendo, physical touch and hitting, verbal or implied threats, visual bullying (i.e. inappropriate signage), repeated or aggressive requests for sexual behaviors, and/or favoritism based on a protected characteristic.
If you believe you are being bullied in the workplace, it is important to understand what your protected characteristics are, and how those characteristics are being used to victimize you. Fortunately, there are several pieces of legislation designed to protect you. Those laws include:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act
- The Age Discrimination Act
- The Fair Employment and Housing Act
- The California Constitution
In California, you are likely to be awarded the most damages under the Fair Employment and Housing Act (FEHA), which is a state law that governs discrimination and bullying enacted against employees, interns, applicants, and some independent contractors. This law covers all private, state, and local employees.
If you would like to discuss the details of your potential bullying case, call us today. We promise to review the details of your experience, and to help you seek the damages you deserve.
July 5, 2019
Common Issues that Farm Workers Face at Work
Farm work is absolutely vital to our nation. Without fresh produce, grain, and meat sources, our food supply industry would crumble and national nutrition would plummet. Farm work varies between farm and often between seasons. The work can include transporting, milking, and feeding animals, ploughing fields, sowing seeds, spreading fertiliser, crop spraying, operating farm machinery, and harvesting. The work is incredibly demanding and sadly, is largely undervalued. Below is a summary of the most common issues farm workers face, the greatest of which is low pay.
Based on a recent study from the National Agricultural Workers Survey (NAWS), the average annual income for a farm worker is between $15,000 $17,500.. For a family, the average income climbs to somewhere between $20,000 and $24,999. The federal poverty line for a family of three is $19.790, which means that most farm workers are living at or below the poverty line.
In addition to struggling with income and cash flow, many farm workers face health and safety issues at work. Many workers are exposed to dangerous pesticides, work without a reliable source of clean drinking water, and are at risk of heat exhaustion and lack of shade. Long hours and dangerous conditions are also common occurrences.
Farm workers are vital, yet mistreated. The issues are common and the solutions are slow to implement. If you or a loved one are farmworkers that have been mistreated on the job, call us to discuss the details of your potential case.
