Employment Law Information

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In today’s lean economy, there is a fear that employment discrimination will increase along with the unemployment rate. The EEOC reports that the number of age discrimination claims jumped 29 percent from 2007-2008, higher than the 15 percent rise in discrimination charges overall. The AARP suggests that this disparity is connected to mass layoffs where older employees feel unfairly targeted because of their age.

For those looking for new jobs, the situation can be just as frustrating. Normally responsible employers, overcome by huge numbers of applications, may be tempted to narrow the list using unfair methods. Or, they may simply become (inappropriately ) concerned about the cost of investing in new hires and resort to stereo-typing in an attempt to reduce assumed risk, however mistaken, imprudent, or illegal.

The good news is that by being knowledgeable about employment laws that safeguard American workers, job seekers can take deliberate action to protect themselves and demandfair hiring practices. “Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” -”Prohibited Employment Policies/Practices”, U.S. EOCC. Businesses can avoid accusations of discrimination by teaching hiring managers appropriate interview techniques. Below are some of the areas that employers and applicants should remain aware of during the hiring process:

Advertising, Recruitment, Application & Hiring

It is against the law for an employer to publish job listings or recruit potential employees in a way that shows preference for (or discourages) applicants because of their race, religion, sex, etc. Using words such as “seeking women” or “recent college graduates” may prevent men and people over 40 from applying, for example. Recruiting only within a specific race community may also violate the law. A word-of-mouth campaign that results almost entirely in hiring within that ethnic community (for example) would be suspect. An employer may not refuse to give applications to anyone because of their race, religion, sex, etc. A job seeker may insist they be allowed to apply for a job that fits their qualifications, despite preferential language in a (probably illegal) advertisement.

Pre-Employment Inquiries

As a general guideline , informationrequested by an employer during the hiring process should be limited to that which is essential for determining if a person is qualified for the job. The use of personal data such as an applicant’s race, sex, age, religion, etc. to discriminate is prohibited, so it is best for the employer not to ask, even if the law does not clearly forbid it. Employers are specifically prohibited from inquiring about disability. An applicant , generally, should not feel pressured to answer inquiries regarding their:

* Race * Age * Height & weight * Credit rating * Religious affiliation * Citizenship * Marital status and/or number of children * Gender * Arrest & conviction history * Disability * Medical history

Exceptions exist when an employer can show that the data is related to the actual job demands. An employer hiring for a highly physical job, dock loading for example, may legitimately ask questions about height, weight, or physical ability to perform the labor .

Businesses need to teach hiring managers to avoid potentiallymisunderstood (if admittedly friendly) questions. Asking “How old are your children?”, for example, could create the impression of bias against applicants with children if that applicant is not hired. Questions about when collecting personal information is OK can be answered at the EEOC website in more detail. Some areas, such as citizenship and arrest & conviction history, can require subtle interpretation, so employers may wish to consult with a qualified employment lawyer when developing hiring procedures.

If an job seeker feels like they have been discriminated against, the first step, according to monster.com’s career advice columns, is to contact the employment offices . and ask for feedback on the interview. A well-trained HR person should be willing to talk openly about the hiring process. In some cases, the HR contact could look into the situation and grant another interview. If unhappy with the employment office’s response, an applicant may wish to take their complaint to the EEOC or, even further to an employment lawyer. A qualified discrimination lawyer can petition the court to mandate that the employer hire you, give you back pay, and award punitive damages.

When it’s already hard to find work, discrimination should not add another burden to landing that perfect job. By understanding employment rights, everyone can insist that businesses hire based on their qualifications to do the work.

Before you select a lawyer, visit the experienced attorneys at Williams Law, LLC for more information about Discrimination Law and Sexual Harassment Legal Issues.

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We have all taken jobs we did not want to do. We have all sacrificed our individuality and moral integrity for a paycheck. Some people become so comfortable with being pushed around by an employer that they stop caring about their own well being and instead focus on their employer’s satisfaction and the production of the company. However, it is good to step back and observe your employer on how he or she behaves on a professional level. This may give you the reality check that you need to truly gauge your employer. Would you hire him or her?

Professional

Professionalism in the workplace is necessary to keeping the environment productive. Your employer should be able to understand that you are your own individual and that you should not be subjected to doing things that are against your morals. He or she should also refrain from personal comments or questions that may make you feel uncomfortable. Also, threats, bribes, and blackmails should be avoided. Also, if he or her takes things personally or plays favorites with certain employees then he or she does not know how to act professionally.

Communicative

Do you find it difficult to have a normal conversation with your employer? One of the most important things you should expect from your employer is normal social skills. Some employers may have a motive behind each and every conversation that suggests he or she is wiling to make any sacrifice necessary for the good of the company. This shows commitment, but it can also scare into thinking that he or she cannot handle a conversation unrelated to work.

Understanding, Cooperative, and Respectful

Is your employer understanding to your needs and helpful when you have an issue? The best employers are team players and respectful to people in all positions. They understand that the business or institution is a collection of employees working together to produce a few main goals. If they are not understanding or cooperative then they fail to recognize your importance to the overall business.

Law Abiding

Your employer can be all of the things mentioned above, but if he or she does not provide you with the pay you have earned, does not give enough break time, does not help prevent accidents or injuries in the workplace, and does not respect your personal privacy, then he or she is breaking the law. That is something no one should expect from their employer.

If you would like more information on employer’s expectations and your rights as an employee, contact the Houston employment attorneys of the Ross Law Group.

Joseph Devine

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Although California has the world’s eighth largest economy, experts anticipate difficult times ahead as the state struggles to recover from the recession. The UCLA Anderson Forecast Group has said they expected to see unemployment at 10% or higher through late 2011. The figures show that in today’s challenging economic climate where a steady paying job is as important as ever, a good understanding of employment law is a must.

According to the Bureau of Labor Statistics, California worker’s compensation system covers 15,256,000 employees working for over 800,000 employers in the state. These employees and employers generated a GDP of $1.8 trillion in 2007. In addition, 644,700 occupational injuries and illnesses were reported in 2007. Statistics also showed that in 2007, there were at least 229,871 compensation related hearings.

Some Companies Disregard Employment Laws

A steady paycheck offers more than just a way to provide for your family’s needs. It provides a sense of security that is hard to come by these days. Unfortunately, some employers intentionally or unintentionally neglect or refuse to pay their employees what they are rightfully owed under their contracts or under California law.

In September 2009, the California Labor Commissioner filed a $17.5 million lawsuit against the Federal Loan Modification Law Center for failing to pay their workers for all the hours worked.

In December 2008, the commission also filed a $250,000 lawsuit against an online health care company for unpaid wages. The commission hit the nail squarely when it argued that companies that fail to pay their employees when wages are due create hardships for employees who depend on their wages for the necessities of their family.

Know Your Employee Rights to Protect Yourself and Your Family

Sadly, many employers will go to great lengths to avoid paying their employees properly so they can maximize their profits, even if it means that families must struggle to survive. They count on their employees’ ignorance of employment law or their fear of confronting their superiors. Hence, it is important to be apprised of one’s rights for the sake of one’s self and, more importantly, one’s family.

For example, many employees are unaware that under California employment law, they are entitled to wages if they are forced to work through or miss a meal or rest period.

They’re also unaware that under California employment law, companies cannot deduct, subtract or withhold from an employee’s wages the cost of doing business. This means, for example, that if your company forces you to wear a uniform; they cannot force you to shoulder the expense of paying for and maintaining the uniform.

In addition, many employees do not know how to properly calculate wages due to them for overtime.

Aside from unpaid wages, employees also face the prospect of suffering workplace injuries. Statistics from California’s Department of Industrial Relations showed that in 2005, at least 456 employees were killed in occupational accidents. Out of the number, 384 were wage and salary workers and the majority were men between the ages of 35 and 44. Some common workplace injuries include slip and falls, back injuries, carpal tunnel syndrome and mental stress.

The Labyrinth Of Employment Law and Filing Claims

Unfortunately, fighting for one’s rights can be fraught with many obstacles. When the Government Accountability Office (GAO) recently discovered many troubling trends on how labor complaints were handled.

They discovered that the department tasked to enforce laws on minimum wage and overtime responded slowly to complaints and had a poor complaint intake process. In addition, they also found that many claims were insufficiently investigated. The same problems unfortunately plague California’s Division of Labor Standards Enforcement (DLSE). In short, these public entities do not have the resources or manpower to handle all of these labor complaints.

In addition to these obstacles, the process is made even more complicated by the fact that even the DLSE has no set criteria on how to define an independent contractor. This means that one must often look to the interpretations of courts and enforcement agencies to decide if in a particular claim, one is an employee or an independent contractor. Because of their lack of resources and inability to adequately investigate each claim that comes to the, the DLSE has even urged employees to enlist the help of an employment lawyer.

The author Oscar Wilde once said that the best way to appreciate one’s job is to imagine oneself without it. But having a job and not getting paid properly for it is not only frustrating, it is illegal.

In over three decades, BISNAR | CHASE lawyers have represented over six thousand people in car, motorcycle, truck, pedestrian and other personal injury cases. The law firm has an “AV” rating, the highest level of professional excellence, by Martindale-Hubble. John Bisnar, who is the author of this article, and his partner Brian Chase each have a “Superb 10/10″ Avvo rating, the highest possible. John was named a “Community Hero” by the United Way, while Brian was named a “Trial Lawyer of the Year” in 2004,one of the 2007 Top 100 Trial Lawyers, and a 2009 OC METRO Top Personal Injury Lawyer. Isn’t this the legal team you want representing you? For more information on employment law, visit http://www.employee-rights-attorneys.com or call 1-800-561-4887 for a free consultation.

Copyright 2009 BISNAR | CHASE. All Rights Reserved.

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