- Written by Anthony Oceguera
Retaliation is the most commonly alleged claim in charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”). In fact, according to the EEOC, retaliation claims were asserted in forty-four and a half-percent (44.5%) of all charges filed in 2015. That number is almost double the number of charges that alleged retaliation in 1997. It is not surprising then that the EEOC just put out a new Enforcement Guidance on Retaliation and Related Issues (“Guidance”). The new Guidance replaces the Retaliation section contained in its 1998 Compliance Manual and is intended as a comprehensive guide to the EEOC’s interpretation of a host of workplace retaliation issues.
California Assembly Passes Bill Expanding Overtime Protection For Farmworkers – Decision Now Up To Governor
- Written by Gregory Blueford
Today, the California Assembly sent Governor Jerry Brown a bill which would expand the overtime rules for farmworkers. Assembly Bill 1066, which passed on a 44-32 vote, with 4 abstentions, brings farmworkers more in line with other industries, despite its vast differences from other industries, most notably its seasonality. Under existing law, farmworkers are entitled to overtime wages if they work more than 10 hours in a single day or on the seventh consecutive day. The new law would offer time-and-a-half pay for farmworkers who work more than 8 hours in a day or 40 in a week and double pay for working more than 12 hours in a day. As a result, the new law will put California farmers at an even greater competitive disadvantage compared to the vast majority of other states who continue to exempt farmworkers from overtime requirements.