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Bryant Whitten, LLP

September 2014 Archives

Supreme Court to rule on pregnancy discrimination

Individuals in California who are pregnant or planning to become pregnant may be particularly interested in the results of one future Supreme Court ruling. That ruling has to do with pregnancy discrimination and how that discrimination is interpreted. The Pregnancy Discrimination Act was passed by Congress in order to protect pregnant women from job discrimination and to remind employers that doing so was illegal. However, a woman working for UPS was denied a request to only lift boxes weighing under 20 pounds despite having a note from her midwife requesting light duty for the duration of her pregnancy.

Protecting against workplace harassment

The California Department of Fair Employment and Housing lists several characteristics that employers may not use when making employment decisions. For example, an employer may not terminate an employee solely based on his or her gender, sex or age if that person is over the age of 40. Employees are also protected from harassment based on their ancestry, sexual orientation or marital status.

California NFL team paid cheerleading squad $5 per hour

On Sept. 4, lawyers representing the Oakland Raiders football team and their cheer-leading squad announced a proposed settlement in an unpaid wage dispute. If the settlement is approved in court on Sept. 26, the Oakland Raiders will owe $1.25 million to 90 women who worked as cheerleaders during four NFL seasons. The settlement money will cover unpaid wages, interest on those wages and legal fees.

Case rules in favor of misclassified FedEx drivers in California

Many individuals know that there is a difference between employees and independent contractors. In many cases, independent contractors do not receive many of the same benefits that full-time employees are entitled to. As a result, employers may misclassify their workers in an attempt to avoid supplying certain benefits. Consequentially, misclassified workers can miss out on wages and other incentives that they should be receiving.

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