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Archive for the ‘employee rights’ Category

Employment Discrimination: What You Need to Know to Protect Your Rights

Friday, May 21st, 2010

All employees have basic rights in the workplace — including the right to privacy, fair compensation, and freedom from employment discrimination. A job applicant also has certain rights even prior to being hired as an employee. Those rights include the right to be free from discrimination based on age, gender, race, national origin, or religion during the hiring process. Some important employee rights include:

  • The right to a safe work environment, free from undue dangers
  • The right to a degree of privacy in your personal matters
  • The right not to be discriminated against on grounds of your age, race, national origin, gender, ethnicity, pregnancy, religion, or disability
  • The right not to be discriminated against on the basis of marital status, gender identity, sexual orientation and other characteristics
  • The right to fair pay, meaning at least a minimum wage, plus overtime for any hours worked over 40 hours a week or, in some places, over 8 hours a day
  • The right to a workplace environment with no harassment
  • The right to take time from work to tend to your own, or a family member’s, illness
  • The right to take leave following the birth of a child
  • If you feel that your workplace rights have been violated, you should take the following steps:

    Talk to Your Employer
    The first thing that you should do once you believe that your workplace rights have been violated is to talk to your employer about the situation. However, there are still occasions when an employer can be truly antagonistic and uncaring about the rights of workers. Be informed of your rights and stay detached when meeting with your employer.

    Keep Track of All Records
    Be sure to keep copies of everything for your own records. Take notes of important conversations that you have regarding the situation. Remember to include important details such as the date, time, place and names of people who took part in the conversation. Also, gather any documents that you think may be relevant such as e-mails, employee handbooks, letters, company policy statements and others.

    Should I Consult an Attorney?
    If you have spoken with your employer and you still feel that nothing has been done to address your workplace rights, it may be time to consider taking legal action. There time limits for taking legal action to protect your workplace rights. An experienced attorney can help navigate the complicated legal issues and deadlines involved. If you’ve been the victim of employment discrimination, consult an attorney to protect your rights and help get you the compensation that you deserve!

    For more information about wage discrimination, visit equalpayisthelaw.com

    Follow equalpayisthelaw on Twitter!

    Equal Pay for Equal Work: The Lilly Ledbetter Fair Pay Act

    Thursday, May 20th, 2010

    After 19 years working for the Goodyear Tire Company, Lilly Ledbetter discovered that she was paid 20% less than her male counterparts. The knowledge began a decade long fight for equal pay for equal work that went all the way to the Supreme Court, and resulted in the Lilly Ledbetter Fair Pay Act; the first piece of legislation signed by President Obama.

    The Lilly Ledbetter Fair Pay Act, which was signed into law on Jan. 29, 2009, restores the protection against pay discrimination that was taken away by the 2007 Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co. The Act reinstates prior law and helps to ensure that individuals subjected to unlawful pay discrimination are able to effectively assert their rights under federal anti-discrimination laws.

    In Ledbetter v. Goodyear Tire and Rubber Co., the Supreme Court ruled that employees cannot challenge wage discrimination if the employer’s original decision to pay discriminatory wages occurred more than 180 days before, even when the employee continues to receive paychecks that have been discriminatorily reduced.

    The Lilly Ledbetter Far Pay Act makes clear that pay discrimination claims on the basis of sex, race, national origin, age, religion and disability can be renewed whenever an employee receives a discriminatory paycheck, as well as when a discriminatory pay decision or practice is adopted. This means that a women who believes that she has been the victim of wage discrimination can take legal action up to 180 days after her last discriminatory paycheck or other discriminatory pay decision.

    More on the Lilly Ledbetter Far Pay Act:

    New York Times
    USA Today
    The Washington Post
    CNN
    CBS News
    Time Magazine
    The Denver Post

    View the text of the Lilly Ledbetter Fair Pay Act at the Library of Congress online.

    President Obama signs the Lilly Ledbetter Fair Pay Act in law

    If you are a woman in Colorado and have experienced wage discrimination based on your gender, there are options available to you. Equal pay is the law! Learn more at equalpayisthelaw.com

    Follow equalpayisthelaw on twitter!

    Equal Pay is the Law

    Tuesday, May 4th, 2010

    On April 20th, the 110th day of 2010, people across America observed Equal Pay Day, which marked the 110 extra days per year that women in the United States must work in order to earn what men earned in 2009. On average, a woman in America makes 77 cents for every dollar that a man makes. For African American women and Latinas these numbers are even lower. Over the course of her career, the average women can expect to lose $700,000 as a result of wage discrimination. Although 47 years have passed since the passage of the Equal Pay Act, which made equal pay for equal work the law, women in Colorado, and across the country, still face widespread wage discrimination.

    Recently, however, the national outcry against gender-based wage discrimination has grown louder and the movement to end unequal pay for equal work is gaining momentum. In 2009, President Obama signed the Lily Ledbetter Fair Pay Act, which increased the statute of limitations in which women who have been the victims of wage discrimination can take legal action against their employers. This has opened the door for women across the nation to take the enforcement of equal pay for equal work into their own hands.

    If you are a woman in Colorado and have experienced wage discrimination based on your gender, there are options available to you.  Learn more at equalpayisthelaw.com.

    Here’s what others are saying about equal pay for equal work and wage discrimination:

    President Barack Obama
    Presidential Proclamation: National Equal Pay Day
    “A PROCLAMATION: Throughout our Nation’s history, extraordinary women have broken barriers to achieve their dreams and blazed trails so their daughters would not face similar obstacles. Despite decades of progress, pay inequity still hinders women and their families across our country. National Equal Pay Day symbolizes the day when an average American woman’s earnings finally match what an average American man earned in the past year. Today, we renew our commitment to end wage discrimination and celebrate the strength and vibrancy women add to our economy…” Read More

    Senator Chris Dodd
    Equal Pay for Equal Work
    “…Today is Equal Pay Day, the day until which women have to work to make up the earnings they were shorted in 2009 compared to their male colleagues. Frankly, it’s a little embarrassing that the fight for equal pay continues in the year 2010. It’s hard to find anyone who will say, on the record, that women don’t deserve to earn the same as men…” Read More

    Senator Tom Harkin
    Women Deserve Equal Pay for Equal Work
    “…This is wrong and unjust. But, even more, it threatens the economic security of our families. The fact is millions of Americans are dependent on a woman’s pay-check just to get by, put food on the table, pay for child care, and deal with rising health care bills. Two-thirds of mothers bring home at least a quarter of their family’s earnings. In many families, the woman is the sole breadwinner…” Read More

    The New York Times
    Happy Equal Pay Day By Nancy Folbre
    “…Today is Equal Pay Day, designated every April on a Tuesday as a reminder that Tuesday is the day on which women’s wages catch up to men’s wages from the preceding week. On average, female workers have to put in more than six days of paid work to earn what men earn in five…” Read More

    Newsweek
    Tracking the Wage Gap By Jessica Bennett and Jesse Ellison
    “Equal pay for equal work? Don’t bet on it. President Obama may have made the Lily Ledbetter Fair Pay Act the very first act he signed into law as president, but women still earn just 77 cents on the dollar on average, when compared to men. African-American and Hispanic women earn even less. Yes, the number is an old refrain, repeated so often it has little impact. But in 2010, there’s more reason for everyone—women and men—to care about the persistent pay gap than ever before…” Read More

    The Denver Post
    Closing the wage gap By Linda A. Meric
    “…In Colorado, women’s earnings generally exceed the national average by a penny or so. But this is no great cause for celebration – especially in these tough times when every penny counts. As those lost pennies add up, women and their families are being shortchanged thousands of dollars a year and hundreds of thousands of dollars over a lifetime…” Read More

    Follow EqualPayistheLaw on Twitter!

    About Frank D. Azar & Assoc.

    From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.

    In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.

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