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Part 1. Respond to the following in a minimum of 175 words:
Ã‚Â· Select a past or current issue in employment law in the United States. Describe the issue. Explain how employment law was applied in the resolution.
Ã¢â‚¬Å“Gretchen Carlson vs. Roger Ailes (2016)
The parent company of the Fox News Channel apologized to Gretchen Carlson, a former broadcaster for the company, as it agreed to a $20 million settlement of the sexual harassment lawsuit she filed against Fox News’ ex-CEO Roger Ailes. The outcome was confirmed by a person briefed on the terms who sought anonymity because the settlement amount was not disclosed publicly. Along with the apology, Fox praised Carlson’s work and professionalism as it settled allegations that her contract wasn’t renewed because she “refused to sleep” with Ailes and suffered “severe and pervasive sexual harassment” at work. Ailes left the company in July 2016 with a $40 million settlement. He died in May. Carlson’s book, Be Fierce: Stop Harassment and Take Your Power Back, was published this month. — usatoday.com
The United States’ Equal Employment Opportunity Commission states that “It is unlawful to harass a person (an applicant or employee) because of that personÃ¢â‚¬â„¢s sex. Harassment can include Ã¢â‚¬Å“sexual harassmentÃ¢â‚¬Â or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”
Nowadays, sexual harassment trainings in places of employments are being mandated to be taken by all employees. Some employers even have separate trainings for supervisors and managers. This issue is being taken seriously by employers because they could be liable for damages if sexual harassment issues are not handled properly.
I, myself, attend these kind of trainings at my place of employment and have heard of so many examples of complaints of this nature. One story that I remember is someone that did not get harassed directly complained to EEO about something sexual that he or she heard that other people were talking about. The complainant was not touched or teased or spoken to directly, but they were offended, therefore they complained to the appropriate people.Ã¢â‚¬Â -Erika M
Ã¢â‚¬Å“A current issue we are constantly facing here in California is to help our clients determine whether or not they have independent contractors or employees. Before the Assembley Bill 5 (AB-5) was passed we had loopholes which allowed for certain companies to have independent contractors instead of employees. So for example a Janitorial company would be able to pay by the job instead of hourly to those people who agreed to a W-9 form. A truck driver who owns his own truck would be able to be paid as a 1099 instead of an employee. Now because of the case “Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903” there are certain standards an employer should maintain in order to pay as independent contractors instead of employees. The Department of Industrial Relations Division of Labor Standard Enforcement has came up with a solution called the “ABC Test” There are three standards you must pass in order for you to determine that you do not have an employee and are able to pay people as 1099. If your industry falls under a specific list exempt to the ABC test then you are to abide by the Borello test for that specific industry. In this case the law was applied by making it simple for employers to determine how to pay people who perform work for them. In a way it is still complicated sense it just went into effect this year, but with time it will help the people who were misclassified and shocked at the end of the year by having to pay taxes on wages they believed they were already being taxed on.Ã¢â‚¬Â -Anakaren S
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