March 2013 Archives

Are you properly classified?

In the wake of the recession, many employers are beginning to hire employees again after having to lay workers off or limit the growth of their workforce. But some may be gun-shy about bringing on full-time employees when the business' economic security seems tenuous.

Challenges for California's domestic workers: part two

Last week we talked about some of the unique employment law challenges faced by domestic workers in California, such as low pay, a lack of health insurance and other benefits and the isolating nature of domestic work. These all make domestic workers vulnerable to employer misconduct, a problem that has too long been ignored.

Challenges for California's domestic workers: part one

When most people think of employment they picture someone sitting in an office, holding a meeting or driving to sales calls. Many work outside of the home and face similar employment issues. However, a different employment landscape exists for one group of employees whose voices have long gone unheard.

Supreme Court rules in California discrimination case

The Supreme Court recently issued a ruling in the case of Harris v. City of Santa Monica, an employment discrimination case that could affect future charges of discrimination. The case revolved around a California city bus driver who was terminated from her employment six days after she told her employer that she was pregnant. She sued, alleging that she was fired because she was pregnant. Her employer responded that she was fired for having two accidents and being late for work multiple times. A trial court sided with the employee, finding that her pregnancy was a motivating factor in her termination. But an appeals court overturned that verdict. They agreed that there was evidence of pregnancy discrimination but found a procedural error in the original case: the jury had not been instructed that the woman's employer could escape liability if it could prove that she would have been fired for legitimate reasons alone.

Employment protections for returning servicemembers: part two

In our last post we discussed some of the difficulties that our nation's military veterans and servicemembers face as they return from service, reenter civilian life and try to get back into the workforce. The growing trend of longer deployments in the military means that those who serve our country are taken off the job market for significant periods of time, which can make it more difficult for them to regain employment.

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