Month: August 2018

California Laws on Equal Pay

California Laws on Equal Pay

California has some of the strongest protections in the nation guaranteeing that employees receive equal pay for similar work.

These laws are designed to narrow the gender pay gap and end discriminatory pay practices, particularly against women and racial and ethnic minorities.

Following the lead of a few other states, California passed a salary history ban that takes effect on January 1, 2018. The law, which applies to all California employers, prohibits employers from:

– asking applicants about their current or past salaries or benefits
– seeking such information from other sources or through an agent, or
– relying on such information to decide whether to offer a job or what salary to offer.

This means employers can no longer ask questions like “What is your current salary?” on a job application or other written forms. Nor can an employer ask an applicant what he or she is currently making or used to make at previous jobs. The law also requires employers to provide an applicant with a pay scale for the position upon receiving a reasonable request.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Can I be denied a job because I’m pregnant? Part II

Can I be denied a job because I'm pregnant 2

Some employers believe — mistakenly — that they are entitled to make hiring decisions based on pregnancy, because pregnancy leads to parental leave, which will cost the company time and money.

However, this belief is erroneous. Whether or not there’s an economic impact, employers may not decide who to hire based on pregnancy. After all, you may, like Mayer reportedly did, take only a couple of weeks of working maternity leave, then build a nursery next to your office so you won’t have to miss a beat while tending to your baby.

The whole point of laws prohibiting discrimination is that employers may not make assumptions, based on stereotypes or bias, about how real people are going to act.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Can I be denied a job because I’m pregnant? Part I

Can I be denied a job because I'm pregnant 1

Federal law and the laws of most states prohibit employers from making job decisions based on pregnancy.

As in many areas of law, however, what the law requires is often quite different from what happens in the real world.

Marissa Mayer, the CEO of Yahoo! was famously hired while pregnant. At lower-profile companies and for lower-level positions, however, women have quite a different experience. Plenty of women have reported a potential employer losing interest once her pregnancy is revealed (or becomes apparent).

If you search the Internet, you will find some giving advice not to reveal your pregnancy, even when it’s physically obvious. This doesn’t seem like a sound strategy, however.

After all, your goal is to get a job with the company, where the people who hired you will be your managers and colleagues. To start the relationship off dishonestly might not work to your advantage in the long-term.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

How can I prove I was turned down due to employer discrimination?

How can I prove I was turned down due to employer discrimination

You may have grounds for a lawsuit if you can get your hands on some very specific evidence — such as memos, email messages, comments, or statistics — showing that your employer has discriminatory promotion practices.

This evidence is hard to come by, as most employers these days are savvy enough to keep discriminatory motives under wraps (even if they aren’t savvy enough to abandon those motives altogether).

It sounds as if your employer is being close-lipped about why you didn’t get the position — and the law does not require employers to explain their job decisions. It doesn’t necessarily mean your employer had a discriminatory motive, so you’d be wise to seek out a sympathetic ear within the company and explain that you feel stymied in your attempts to advance to another position.

Try to set aside your past feelings of rejection. Avoid comments about why you feel the person they hired for the job you wanted is a bad fit. Ask instead for advice on what you might do to get ahead or move to another position you would rather have.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

How to Start a Workplace Claim Against Your Employer – Part II

How to Start a Workplace Claim Against Your Employer - Part II

If you decide to go forward with a workplace claim against your employer, make sure you meet your legal deadlines.

The law sets time limits (often called “statutes of limitations”) for filing certain types of claims or lawsuits, ranging from several weeks to several years. If one of these deadlines applies to your case, you will have to think sooner rather than later about whether to go to court.

You might want to consult with a lawyer about your problem to figure out how strong your claims are, whether any filing deadlines apply to your dispute, and what you might expect to gain or lose if you file a lawsuit.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

How to Start a Workplace Claim Against Your Employer – Part I

How to Start a Workplace Claim Against Your Employer

Depending on the size of your employer, the state where you work, and your profession, you may be entitled to certain legal protections in the workplace, including:

– The right not to be discriminated against because of your race, national origin, skin color, gender, pregnancy, religion, disability, genetic information, or age (and, in some places, marital status, sexual orientation, gender identity, or other characteristics)
– The right to a workplace free of harassment
– The right to be paid for hours worked: to be paid at least the minimum wage, plus an overtime premium for any hours worked over forty in one week (or, in some places, over eight hours in one day)
– The right to a safe workplace
– The right to take leave to care for your own or a family member’s serious health condition or following the birth or adoption of a child, and
– The right to some privacy in personal matters.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Hiring Lawsuits and Legal Claims

Hiring Lawsuits and Legal Claims

Lawsuits based on hiring aren’t very common.

The main reason is that rejected applicants rarely have access to the information they need to show that the decision was made for illegal reasons — or even to suspect the employer’s decision in the first place.

Everyone has been turned down for a job, and usually it’s just because someone better qualified, more experienced, and/or more skilled came along.

Sometimes, though, an applicant isn’t selected for discriminatory reasons, because of a defamatory negative reference by a former employer, or because the employer considered information it wasn’t supposed to have.

In these situations, a rejected applicant may have grounds for a lawsuit.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What to Do on Social Media Before Going on a Job Interview – Part II

What to Do on Social Media Before Going on a Job Interview - Part II

Limit your privacy settings so that only your approved friends can see it. If others have posted photos that might paint you in a negative light, ask the poster to remove it. If that doesn’t work, you can at least untag yourself in any photos that you don’t want potential employers to stumble across.

Finally, if you’ve left an unfortunate digital trail, be ready with an explanation. Even if you are able to take down your original indiscrete post, it may have been reproduced or quoted elsewhere, others may have commented on it, or it may simply live on forever in the digital wayback machine.

In this situation, the best you can do is to try to minimize its impact by having an explanation (of your youthful indiscretions and your changed ways, for example) queued up if you need it.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

 

What to Do on Social Media Before Going on a Job Interview – Part I

What to Do on Social Media Before Going on a Job Interview

If you are about to embark on a job search, consider whether you might need to clean up your online act.

Of course, with cached sites and historical searches, you really can’t entirely undo your past posts. But take a close look at your publicly accessible information and make sure it’s ready for prime time.

Also, mind those privacy settings. If you have information or material you want to leave up but don’t want employers to see, at least put it behind a privacy wall.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com