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Bryant Whitten, LLP

November 2014 Archives

You have the right to 'blow the whistle' without losing your job

We all dream of a perfect workplace. We all hope our employers will be just and fair. Unfortunately, that is not always the case. Sometimes a company intentionally or unintentionally violates California law or federal law. When this happens, employees have the right — and the ethical responsibility — to report the violation.

Labor lawsuit highlights misclassification trend woes

Over the past several years, disturbing trends have emerged within a specific area of employment law. Many employers, eager to cut costs, unfamiliar with relevant law or both, have begun to misclassify workers. When part-time or full-time workers are misclassified as independent contractors, employers save on certain wages, benefits and tax-related costs. Although some workers are correctly classified as independent contractors, others are suffering due to incorrect misclassifications.

Does harassment need to be both severe and pervasive?

Even with decades of legislation and near-continuous training in many organizations, there still seems to be some confusion regarding what constitutes sexual harassment. Whether information is being disseminated from friends, family members or media outlets, it is important for employees and employers alike to have a thorough understanding of what sexual harassment means.

Thinking about weight discrimination in the workplace

When you think about discrimination in the workplace, what kinds of scenarios spring to mind? Perhaps you think about an individual in a managerial capacity sexually harassing an individual who reports to him or her. Perhaps you think about a young, cocky boss firing an employee due to his or her age. Or perhaps you think about inappropriate racially-driven comments made at the expense of minorities in the workplace.

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