Employment discrimination based on age is a reality in the workplace. Hence, workers and employees with the age of 40 and above are protected against discrimination under the Age Discrimination in Employment Act. The law says that an employer may not fire, refuse to hire, and treat you differently than other employees because of your age.
The Age Discrimination in Employment Act applies to the following:
0 Workers and applicants aged 40 and over
0 The ADEA applies to employers with 20 or more employees.
0 This includes local and state governments and the federal government. It also includes employment agencies and labor unions.
0 It excludes independent contractors or elected officials. It does not usually cover police and fire workers, certain federal employees in air traffic control or law enforcement, or certain highly paid executives. While persons in these positions could be retired on a mandatory basis, they cannot be denied a promotion or training base on age.
0 There are exceptions to the ADEA when age is a necessary part of a job. For example, an employer can hire a young person to play the role of a 12-year-old in a play. Most states have anti-age discrimination laws that apply to employers with fewer than 20 […]
Full Article At: KnowHow-Now.com Articles
Indeed, the employer has ownership of capital, stocks and other important assets of a business, but without the employees, these capital, stocks and assets would not be turned into new consumer goods or products.
Unless an employer is handling a relatively small business, wherein he or she also has a share in the important aspects of the production or services, it is the employees who has a major contributing factor in doubling, even multiplying the capital and turn it into profits.
Thus, the employee has an inherent right to demand the implementation of particular legal protections from his/her employer. These rights may depend on the capacity of the employer, the state that governs the workplace and the employee’s profession in the business.
Here are several examples of basic employees’ rights:
- right to be protected from discrimination because of race, nationality, skin color, origin, gender, religious beliefs, pregnancy, age, and disability (in some cases, also involves, marital status and sexual orientation)
- right to work in a place free of harassment
- right to receive minimum wages, overtime payment for work exceeding 40 hours in a week or eight hours in a day.
- right to humane conditions at work and safe and secure workplace
- right to avail leave in […]
Full Article At: KnowHow-Now.com Articles
A particular Labor Law violation in Los Angeles deserves a particular action that needs to be done in order to avail all the guaranteed legal remedies. Thus, all employees must be familiar of the various laws that state their rights and obligations. With adequate understanding of these provisions, they may accurately define what exact violations their employers may be liable of.
These are some of the common bases for employment complaints and its corresponding government agencies handling employee grievances:
0 Wrongful Termination 0 this pertains to the illegal discharge of an employee without any just reason. Usually, this performance occurs as due to an employer0s retaliatory acts against an offensive worker.
Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC)
0 Employee Discrimination 0 another common cases that many employers are culpable of, discrimination is an illicit act of singling out an employee for any of the following bases (race, nationality, age, gender, marital status, religion, disability, among others)
Division of Labor Standards Enforcement (DLSE)
0 Violation of the Family and Medical Leave Act 0 this pertains to the resistance of the employers to give their workers twelve weeks of unpaid protected leave for reasons of: caring for a newborn or adopted child, caring for […]
Full Article At: KnowHow-Now.com Articles
