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5 Signs of Age Discrimination

Older Workers are Fired and Younger People are Hired:
It’s like the saying goes, “Out with the old and in with the new.” Upper management wants to keep up with times and increase productivity, but that could mean the chopping block for you.

Reassigned to an Unpleasant Position:
This is a telltale sign of age discrimination in the workplace. They can’t be accused of getting rid of you if you quit after all. There’s no way to fully avoid this, but you might want to continue to improve at your job, if you can.

Comments about Your Age:
This has got to be the most obvious example of age discrimination in the workplace. Sometimes you literally hear the word “retire”. It might be time to look up some age discrimination lawyers in Los Angeles, assuming you live there.

You Stop Getting Raises:
This one is a bit tricky. Analyze your situation first. Is your work the same quality as the younger guy? Are you as responsible, and as punctual as the younger guy? If you answered “yes” to these, you can go ahead and seek a Los Angeles employment lawyer or any Los Angeles age discrimination attorneys.

Low Performance Reviews:
You’re a good employee. This report doesn’t seem accurate. There’s definitely something in the water and it’s called a new CEO. Young blood looks to the future and you’re not in it. Don’t worry, though. Just go find an age discrimination lawyers in Los Angeles and present the evidence before a court. They’ll know what’s going on.

If any of these situations have happened to you, you could be a victim of age discrimination. Los Angeles age discrimination attorneys could help you get the treatment you deserve. A Los Angeles employment lawyer could be exactly what you need.

How To Prove Retaliation In The Workplace

Employees who file a harassment or discrimination complaint are supposed to be protected from retaliation. Employers are not supposed to punish people for exercising their rights. However, it still happens. If you want to file a retaliation lawsuit, then you will have to prove the following things:

– You engaged in an activity that is protected
– Your boss has taken action against you.
– Your boss took action because of the activity.

Protected Activity
There are federal laws against discrimination. There are also laws that prevent employers from retaliating against people who engage in protected activity. The following are examples of protected activities.

Opposition
Employees who oppose illegal acts in the workplace are protected from retaliation. Employees who complain about harassment are protected. Witnesses who participate in an investigation are also protected.

Participation
Employees who file a discrimination claim or act as a witness are protected.

Negative Action
Any negative action that an employer takes because a person filed a complaint can be considered retaliatory. This includes things such as salary reduction, demotion, changing job assignments and changing job duties.

Causation
In order to prove that retaliation occurred, you have to prove that the two events are connected. An employer can take an adverse reaction against the employee without it being considered retaliatory. For example, a person reports harassment. The company has to lay off several people due to a reduction in budget. The person will not be able to prove that the employer’s actions were retaliatory.
Timing is one of the factors that has to be considered. If the negative action took place shortly after the employee complained, then it is likely retaliatory. The employee also have to prove that the employer knew about the complaint. Additionally, there must be a lack of explanation for the employer’s actions.

Contact A Workplace Retaliation Attorney
A retaliation attorney will be able to tell you how to best protect yourself. Workplace retaliation lawyers will also ensure that all deadlines are met. A Los Angeles employment lawyer will be committed to protecting your rights.

Reasonable Accommodation Under the Americans with Disabilities Act

Employers are prohibited from discriminating against people based on their disability. People who are discriminated against because of a disability can contact a disability discrimination lawyer. The American With Disabilities Act also requires that employers make reasonable accommodations so that people will have an easier time doing their jobs.
 
What are Reasonable Accommodations?
A reasonable accommodation is defined as a change that will assist a person in doing their job. Employers have to make a reasonable accommodation unless they are unable to do it because of a hardship. A qualified employee is one who possesses the education and training necessary to do the job. Examples of reasonable accommodations include the following.
 
Modifying the height of desks and equipment
Restructuring job hours in order to make it easier for people to get their medical treatments
Modifying training material and exams
Hiring interpreters
Transferring the employee to another facility so that they can get better treatment.
Providing unpaid medical leave
Installing telecommunications
 
Negotiating an Accommodation
An employer does not have to make an accommodation if it is too expensive or difficult to implement. There are a number of factors that are used to determine whether making the changes will create an unnecessary hardship.
 
The cost and nature of the accommodation
The employer’s financial resources
The type of business
How much the company has already paid for accommodations
 
It can be difficult for employers to prove that the accommodation will create an unnecessary hardship. Cost alone is not enough to prove financial hardship. The courts will consider whether the employer is eligible for tax credits or deductions.
 
If an employer failed to make reasonable accommodations, then you can contact a Los Angeles employment lawyer. A disability discrimination attorney can help you protect your rights.
 
 
 
Attachments area
 

What to Do If You Are Falsely Accused of Sexual Harassment

 
Make Sure That You Cooperate with the Company Investigation
Have you recently been accused of sexual harassment by a coworker? This is a charge that you need to take seriously. It could lead to you losing your job and even being blackballed from the industry that you currently work in.
 
Confess to What You May Have Done Wrong
You may never have touched the person who is accusing you of sexual harassment. However, you may have gestured toward them in a less than friendly manner – or in a manner that was open to misinterpretation. Likewise, you may never have made rude comments that reeked of a veiled sexual come on or threat. But your words may nevertheless have been misinterpreted.
 
The best thing you can do under the circumstances is to admit exactly what you may have done wrong. A team of sexual harassment lawyers will work with you to mitigate your words or actions so that you can prove they were simply taken wrongly by the person who is filing the suit against you.
 
Issue an Apology Even if You Believe You are Innocent
Sexual harassment lawyers always recommend that you make a full and complete apology. This is absolutely mandatory even if you believe that you did nothing wrong. The point here is to show that you understand that your words or actions were inappropriate. Making an apology is your way of saying that you understand you made a mistake and will absolutely never repeat this mistake again.
 
Contact a Los Angeles Employment Lawyer Near You
Your next move should always be to look for reputable and professional employment lawyers near you. You will need to hire a Los Angeles employment lawyer in order to plan your defense. You can quickly get in touch with the sexual harassment attorney Los Angeles residents rely on in their time of need.

8 Examples of Pregnancy Discrimination at Work

The Pregnancy Discrimination Act (PDA), enacted in 1978, offers protection from discrimination or being fired based on pregnancy, giving birth or having other related health issues in workplaces that employ at least 15 people. The following eight scenarios require the services of our pregnancy discrimination lawyer in Los Angeles.

Discrimination or Firing
Even if the job requires being in the presence of dangerous chemicals or heavy lifting, a pregnant woman’s health risks are hers alone to manage. In addition, an employer cannot fire a woman just because she is pregnant.

Harassment
This includes insults, jokes and threats are illegal regardless of the perpetrator. Any pregnant woman who finds herself in a hostile work environment should consult with a pregnancy discrimination lawyer.

Denying Employment
A woman cannot be denied employment because she is pregnant or may become pregnant in the future. An employer is not legally permitted to base a hiring decision on possible “negative economic impact” or other bias.

Not Providing Accommodation
Pregnant women are entitled to the same medical accommodations as non-pregnant employees, such as a stool to sit on or light duty for a strained back. As long as a doctor’s note is provided, the employer cannot refuse accommodation.

Dismissal for Breast Milk Pumping
Under the terms of the Affordable Care Act, new mothers must be allowed to pump their breast milk in a private space that is not a restroom. Companies with fewer than 50 workers do not have to accommodate pumping.

Forced Time Off or Lack of Promotion
A pregnant woman who can do her job must be allowed to do so. She cannot be forced to take leave or refused a promotion due to her condition. Calling our Los Angeles employment lawyer will help pregnant women to understand their rights.

Restricting Pregnancy Leave
This can present as a shorter leave, being forced to use sick days or job loss. Employers also cannot demote a woman for being pregnant or reduce pay or benefits.

Retaliation
If a woman files a complaint regarding pregnancy discrimination, the employer is not allowed to harass, demote or fire that worker. This includes biased judgments based on her performance or treating her differently from other employees.

If you have experienced pregnancy discrimination, contact our employment lawyers near you to obtain the best advice.

Mann Elias 5 Forms Of Retaliation At Work

Your work environment should be a safe place, free of harassment of all kinds. Unfortunately, some situations could arise at your job that may make you a target for unfair treatment. Whether you are a whistleblower who has brought an action against your employer or are fighting for the rights of fellow employees, you should contact our Los Angeles employment lawyer if you are the victim of retaliation.

Workplace retaliation can come in many forms: verbal, exclusionary, or demotions. Sometimes the abuser is your manager or co-worker. If you are experiencing any of the following retaliatory treatment, then it’s time to consult with a retaliation lawyer in Los Angeles:

• Your manager conveniently forgets to invite you to meetings, or you stop getting essential emails. You are no longer asked to work on special projects, to train new employees, or to attend work-related social functions. This subtle form of retaliation is common and may be an attempt to make you quit your job.

• You are made a pariah by your boss, and now your co-workers won’t talk to you. Exclusionary tactics are another way that someone in power can try to hurt you by getting others to ignore you. If you are the victim of this kind of harassment, contact a Los Angeles retaliation lawyer for a consultation.

• A fellow employee is verbally abusing you, and your supervisor won’t do anything to stop it. You’ll need a lawyer to fight for your rights. It may even be your boss who is demeaning you and saying inappropriate things. Your company must stop verbal harassment and provide a safe environment.

• If you are denied a new position, promotion, demoted or fired after filing a complaint or standing up for fair treatment in the workplace, call a Los Angeles employment lawyer. When an employer takes these actions, it can be viewed as retaliatory against you and it is illegal.

• Even after you’ve left a job, old supervisors and business owners may still want to hurt you. This can be in the form of giving derogatory information when called by a potential employer, or not providing a reference at all.

Don’t be tricked into thinking that any of these behaviors are the norm or that you should just deal with it. If you are being mistreated by your employer, a Los Angeles retaliation attorney can help today.

Cheated Out Of Your Paycheck? Here’s What You Should Do

 
It’s time to stop making excuses for your employer. If you’ve been getting the feeling that something’s wrong with your paycheck, maybe it’s time to seek the advice of an employment attorney.
Unfortunately, underpaying workers is a practice that’s frighteningly common. In fact, one out of four low-wage workers in Los Angeles, Chicago, and New York turned out to be paid less than minimum wage according to a study.
 
How to Check if You’re Getting Paid Right
 
Getting paid less than what you’ve worked for is, unfortunately, more common than you think, but luckily, there are ways to make sure that you get what you deserve.
You can visit the Interfaith Worker Justice’s project site WageTheft.org and compare the illustration to your own paycheck. Remember that you should be paid for all the hours you spent at work, from preparation time, cleanup, or traveling between job locations.
The US Department of Labor has set the minimum wage to $7.25 an hour, but if you live in the District of Columbia and the states listed here, your employer should pay a higher rate and not the federal minimum.
If your working hours constitute more than 40 hours in a working week, consult with an overtime dispute attorney if you think you have been receiving less than the required overtime pay, which is time-and-a-half your regular rate. Regarding deductions, your pay stub should only list Medicare, Social Security, and federal, state, and local income taxes. Office equipment and uniforms should not be deducted from you.
 
Is Your Paycheck Wrong?
 
Here’s what you should do:
Talk to HR or your boss: If it’s an honest mistake, your employer should correct it as soon as possible and give you your unpaid wages in your next payout.
Keep your own records: With the promised pay rate in mind, make note of the usual time you arrive at work and what time you usually leave. This should include your break, travel to and from job locations, cleanup time, and prep time. DOL has a work calendar you can use, or make your own if this helps you understand your records better.
Ask your co-workers: If you think you haven’t been paid right, chances are, your co-workers have been too. If anyone has the same problem, act together to get more attention from the heads of the company. Remember that you can always have an employment attorney to back you up.
Arrange a meeting with the boss or HR: It’s more effective if you address the issue as a group. Let the heads of the company know that you’ve been receiving less than what you should have and ask for the dues as soon as possible.
File a complaint: If it didn’t turn out well for you, file a complaint with the DOL’s Wages and Hour Division. You can also reach out to the state labor agency in your state.
Get the Help of an attorney: Let’s say you live in LA; contact a Los Angeles employment lawyer right away and sue your employer for violating state wage and hour laws. As a group, you could bring a class or collective action, or you can always press charges on your own. However, it may be easier to find an overtime disputes lawyer in Los Angeles for class action lawsuits. Your best bet is to seek the cooperation of your co-workers.

Mann Elias Signs Of Disability Discrimination

California law and the Federal Americans With Disabilities Act prohibits employers from discriminating against workers who have disabilities. You will need to contact a disability discrimination lawyer if you think that your employer has discriminated against you. An attorney will fight for your rights. There are several things that can be classified as discrimination.

Failure to Accommodate

It is challenging enough for people to live with a disability. That is why employers are required by law to make accommodations. If an employer did not make the necessary accommodations for you, then you will need to contact a disability discrimination attorney.

Other Examples of Discrimination in the Workplace

– Terminating you because of your disability
– Forcing you to do things that you should not be doing because of your medical condition
– Discriminating against you because of other factors such as sex, age or race
– Punishing you because of your disability
– Discriminating against you based on other factors such as pregnancy, age or sex

People who are dealing with a chronic illness, amputation, organ damage or cancer are at risk for being discriminated against in the workplace. Those who are returning to work after an illness or injury may also be discriminated against.

What is a Disability?

Any type of injury that prevents a person from working can be classified as a disability. This includes the following.

– Leg injury
– Hand injury
– Ankle injury
– Eye injury

The following medical conditions that can also be classified as a disability.

– Polycystic kidney disease
– Heart disease
– Parkinson’s disease
– Huntington’s disease
– Cerebral Palsy
– Anemia
– Diabetes
– Cancer

Depression, anxiety and other mental disorders can also be classified as disabilities.

If you believe that you have been a victim of discrimination, then you will need to contact a Los Angeles employment lawyer

Are Employers Always Required to Compensate Employees for Minimal Off-the-Clock Work?

by Ava Freund and Imad Elias

Are Employers Always Required to Compensate Employees for Minimal Off-the-Clock Work?

The California Supreme Court recently ruled that California employers are required to pay employees for performing routine off the clock closing tasks, even if it only takes a few minutes to complete them.

The court’s ruling was rendered in the case of Troester vs. Starbucks, brought by Plaintiff Douglas Troester on behalf of himself and a class of other Starbucks managerial employees. The plaintiffs routinely spent a few extra minutes of unpaid work performing store closing tasks after clocking out. Starbucks successfully argued at trial that Troester’s uncompensated time was so minimal, it did not have to compensate him according to the Federal “De Minimis doctrine” defense. The De Minimis doctrine is an established federal law defense allowing employers to avoid payment of wages for difficult to record and minimal off-the-clock employee work. Plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit. The Appellate court then asked the California Supreme Court to determine whether employers are entitled to apply the Federal “de minimis” defense in wage claims that allege violation of California, not Federal, labor laws.

The Supreme Court rejected Starbucks’ argument requesting application of the Federal De Minimis doctrine to California Labor laws. The court found no support for its adoption in the texts or history of the California Labor Code and Wage Orders.

For Mr. Troester, who worked for Starbucks from mid-2009 to October 2010 at the then minimum wage rate of $8/hour, just a few minutes of regularly performing store closing tasks at the end of each shift added up to almost 13 hours of unpaid hours worked, or $102.67 of unpaid wages. In writing the court’s unanimous opinion, Justice Liu, stated “that is enough to pay a utility bill, buy a week of groceries, or cover a month of bus fares. What Starbucks calls ‘de minimis’ is not de minimis at all to many ordinary people who work for hourly wages.”

The Troester decision should be tempered by the court’s perception of Starbucks as a large, sophisticated employer, fully able to devise a method for keeping track of routine off the clock work. This may not be the case for smaller employers with less resources. In any event, if you are an hourly employee and your employer regularly makes you perform small tasks without compensating you for your time, request a free consultation from the Law Offices of Mann & Elias.

 

6 Signs You Are Experiencing Sexual Harassment at Work

Sexual harassment in the workplace can create an uncomfortable and illegal environment for employees. When harassment is taking place, the signs may not be so obvious or noticeable. The Equal Employment Opportunity Commission defines sexual harassment as “requests for sexual favors, un-welcomed sexual advances, and physical or verbal harassment of a sexual nature.” Sexual harassment can also include offensive statements about one’s sex or gender. If you believe you have been a victim of sexual harassment at work, contact a Los Angeles sexual harassment attorney today.

Sexual harassment is not a clear-cut case in most states. For the harassment to be considered unlawful, it has to be severe enough to create a hostile work environment. The courts determine that harassment is illegal when a “reasonable person” considers the behavior to be “unwelcoming.” Here are six signs that you are experiencing sexual harassment at work. If you have experienced this behavior, there are sexual harassment lawyers available to answer your questions.

Unwanted sexual behavior that makes you feel uncomfortable: The first sign of workplace harassment is inappropriate physical touching. This includes touching parts of the body that would be considered inappropriate for a workplace. You may also hear lewd comments and stories of or in the tone of a sexual nature. It is not uncommon to be shown pornographic materials in the workplace. The harasser will try to get you to meet after work.

You are forced to accept the harassment: The harasser will hold a level of power over the employee. You may feel that you should go along with the sexual harassment in order to keep your job.

You cannot make it stop: You have expressed that the touching or comments are making you feel uncomfortable. If this has not made the behavior stop, you may have a case for sexual harassment. The behavior would now be considered to be leading into a hostile work environment.

You will be punished for speaking up: If management is turning a blind eye to complaints or labeling the victim as a “troublemaker,” this is a sign that there’s a problem in the workplace.

You cannot make a complaint: If you work in an environment where you will not be believed, that is another red flag.

You are punished because of your gender: If you been demoted or passed over for a promotion because of your gender, this is another sign of sexual harassment.

Sexual harassment in the workplace can create an unhealthy environment. If you feel that you have experienced any of these signs, contact a Los Angeles employment lawyer today.