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January 2018 Archives

EEOC resolves disability discrimination case against Volvo

As a general rule, employers in California and around the country may not refuse to hire people based solely on their disability. Volvo Group North America is paying $70,000 to settle a case involving an employee who was hired to work at a facility in Maryland. The lawsuit was filed by the EEOC after pre-trial negotiations proved to be fruitless.

Woman added to lawsuit against Google

California-based Google has faced several claims that it pays women less than men who are in similar positions. On Jan. 3, a lawsuit was filed in San Francisco Superior Court by a woman who used to work at Google's child care facility as a preschool teacher. The complaint was added to a class action suit that was filed against the company in September 2017 that also includes those who have worked in sales and engineering positions.

Your employer can't require you to work 'off the clock'

It's a problem that's all too common for those who work in retail or restaurant environments. Your manager approaches you, tells you to clock out and then directs you to return to work. Perhaps you're asked to do prep work for the next day, cleaning or inventory work. Whatever the task being requested of you, your employer simply has no right to demand unpaid work from anyone making an hourly wage.

Major employers may target candidates by age

Those looking for work in California and throughout the country may not necessarily see job ads from major companies such as Google or Facebook on social media. According to an investigation from ProPublica and the New York Times, job ads on social media sites are being skewed toward younger audiences. For instance, HubSpot had an ad on Facebook that specifically targeted those between the ages of 27 and 40.

Man fired for whistleblowing awarded damages

If an employee in California reports dangerous or illegal practices by an employer, that employee should be protected from retaliation under federal laws that protect whistleblowers. A man who made a report when he was concerned about his employer's disposal of asbestos at a high school in New York was fired, and the company filed a defamation lawsuit against him. The Occupational Safety and Health Administration filed a lawsuit on the man's behalf, and he was awarded around $174,000 by a jury in damages.

Misclassification can deny workers earned overtime

In a state with a high cost of living like California, every dollar counts, and denial of overtime can strip workers of wages that they are entitled to under the law. A December 2017 ruling by the 6th U.S. Circuit Court of Appeals has held that workers that make over $100,000 each year may be entitled to overtime under the Fair Labor Standards Act despite the fact that they earn six-figure salaries. The case was prompted by a class-action lawsuit filed by two welding inspectors who were denied overtime pay.

Workplace discrimination in California

A transgender woman claims that she was the target of disparaging remarks before being fired from a Sam's Club store in North Carolina. She says this occurred after she had complained repeatedly about harassment. The plaintiff, who has filed a federal lawsuit, says that she began working at the suburban Charlotte Sam's Club in 2004 before she transitioned to being a woman. She was promoted to supervisor during this time. She says when she started wearing makeup, the harassment began.