The Department of Labor has announced a $441,000 grant to assist Iowa workers who were affected by the closing of Winnebago IndustriesA’ manufacturing facility in Charles City.
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A Compromise Agreement is a legally binding contract between the employer and employee which sets out a mutual agreement to terminate the employment relationship. Such Agreements are used as a means to an end by both employer and employee to avoid the costs, risks and delay of possible legal proceedings and are also an opportunity for an employer of offer an enhanced package to an employee facing redundancy. However, despite their value in these circumstances, many employers and employees are unsure what they are and when they should be used.
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A Kennewick company faces a $1,500 fine after a longtime construction engineer died in February when he fell into a trench after its sides collapsed.
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Definition
A hostile environment is created when the intimidating or demeaning behavior of others is so great as to interfere or prevent a person from participating in or realizing the intended benefits of an institutional activity, employment, or resource.
Types of Hostile Environments
· Discriminatory
· Retaliation
· Constructive discharge
· Contract related
Discriminatory
This type of hostile environment occurs when managers or co-workers engage in offensive conduct toward you that is centered around the categories of sex, gender, age, race, disability, religion, or even pregnancy. This type of hostile environment is prohibited under federal anti-discrimination laws. An example would be if your job threatened is you refused to have sexual relations with a supervisor or coworker. This case in particular would be a sexually hostile environment.
Retaliation
This concerns forms of bad conduct from employers that is not necessarily sexual or racial comments, but general rudeness and disrespect. There is no law that requires people in the workplace to be polite and pleasant, however if an employer is acting in such a way as a form of retaliation they are breaking the law. They are intentionally creating a hostile environment through their behavior as a means of retaliation. Any form of unfairness of bad treat directed solely at you or that mentions what they are retaliating against can serve as an example.
Constructive Discharge
A “constructive discharge” environment is the result of bad conduct toward an employee with the goal of encouraging them to quit their job. Employers may do this as a form of retaliation or to prevent you from gaining medical or other benefits that could be costly to the company.
Contract Related
You should be suspicious that an employer is trying to create a hostile environment if upon being hired your employment contract included a non-competition agreement. Your employer could be trying to leverage an advantage in an anticipated legal dispute with you. For example, he or she may want to let you go but not want to pay out your contract, so he or she builds a case that you deserve to be fired. His goal could be to take away from your ability to enforce your contract.
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Eighteen prisoners who’ve served in the military have graduated from a program designed to ease their reintegration into society, the Illinois Department of Corrections said.
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The California Fair Employment and Housing Act specifically prohibits harassment based on “race, religious creed, color, and national origin.” Hostile work environment claims based on racial harassment are reviewed under the same standard as those based on sexual harassment. Thus, allegations of a racially hostile workplace must be assessed from the perspective of a reasonable person belonging to the same racial or ethnic group as plaintiff.
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Bennigan’s, Steak & Ale and Tavern workers struck by sudden loss of health insurance Aug.
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Many people realize they might need an employment law attorney if they have been fired, to find out if they have a “wrongful discharge” case or another legal claim. While that is certainly a good reason to talk to an employment lawyer, there are many other reasons why you might want to speak with an attorney who is experienced at handling employment law matters. Below are examples of some of the things an employment lawyer may be able to help you with before you accept a job offer, during the course your employment, and after you have been fired or laid off:
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The City Council’s effort to remove Mayor Kwame Kilpatrick at a trial-like hearing was thwarted by a judge Monday who ruled the council doesn’t have the authority under the city charter to force the mayor from …
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Minimum Wage Laws
How Much
In the state of California the minimum amount an employee must be compensated for an hour of work is $8.00. The federal minimum wage sets the minimum amount required by all employers in the United States, or businesses that employee people in the United States, to pay their employees. Should the federal minimum wage and that of a state be of differing values, employers of that state must pay the minimum that is most beneficial to their employees. Being that the California minimum is higher than the federal; all employers in the state must pay a wage of at least $8.00 an hour to all employees.
Exceptions
Various positions and types of workers may be exempt from California’s minimum wage. These are stipulated by the experience and condition of the employee.
· Learners - employees in their first 160 hours of a position who have never had training or experience in that field or a related field of work. These employees must be paid no less than 85% of the minimum wage rounded to the nearest nickel
· Outside salespersons
· Individuals who are the parent, spouse, or child of the employer
· Apprentices regularly indentured under the State Division of Apprenticeship
Employees who are mentally and/or physically disabled are also exempt, as well as nonprofit organizations that employ disabled workers. After an amendment to the State Constitution in 2003, California state employees who are paid by the hour and do not work overtime may be paid the federal minimum wage in the event that the state enters a new fiscal year without a budget.
Compliance
If you are an employee who receives compensation that is less than the State of California minimum wage, you employer is in violation of the law. You are entitled to either file a wage claim with the Division of Labor Standards Enforcement, or file a lawsuit against your employer to recover lost wages. All workers in California, regardless of age and minus those who are exempt, are legally entitled to receive the state minimum wage.
For more information about the minimum wage in California or California minimum wage laws, contact the Orange County employment lawyer of Perry Smith at www.orangecountyemploymentlawyers.com
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