Employment lawsuits have risen to their highest peak in history, with almost 100,000 claims files in 2010, according to the EEOC. Incredibly, that number reflects a 31% increase from just 4 years ago! There is a never-ending flow of new court cases and decisions that change the employment landscape, making it extremely difficult for employers to stay ahead of the curve. Particularly in California, labor law evolves faster than federal law, adding to the complexity of employment compliance.

In the first half of 2011, employment and labor lawsuits in California have resulted in many important decisions that will directly affect the way employers in the state relate to their employees. Many of these cases have already been decided upon by the California Supreme Court, while others are still pending a decision.

Below is a brief outline of three key cases, and an important “take away” for employers from each one.

Case #1

Summary: The Plaintiff was a senior executive at Google and claimed that he was discriminated against because of his age in a notoriously “young” corporate culture. To support his case, he relied on various comments by superiors and coworkers that his ideas were “obsolete” or “too old to matter,” that he was not a “cultural fit” and that he was an “old man” and an “old fuddy-duddy.” Google argued that none of these remarks were made in connection with any employment decision and should be deemed irrelevant “stray remarks.”

The California Supreme Court rejected the notion that “stray remarks” made by non-managerial staff, or by supervisors outside of the disciplinary process, should not be given weight in court. Rather, such “stray remarks” may and should be considered in the context of the evidence and could be used towards reaching a final decision.

Take away: All managers should be aware of what is being said in the workplace, even in casual talk between employees, and to be proactive in eliminating derogatory or discriminatory remarks.

Case #2

Summary: This employer’s corporate location was based in California, but had employees working out-of-state. Due to California’s dissimilar overtime laws, the employer paid the out-of-state employee based on his state of residency, and not according to California’s overtime regulations. The California Supreme Court is currently reviewing the case to determine if the California Labor Code applies to overtime worked in California for a California-based employer, by out-of-state workers.

Take away: While the case is still pending before the Supreme Court, employers should carefully review all state labor code guidelines.

Case #3

Summary: The E.E.O.C. sued a California airport services company based on a male employee’s allegation that he was sexually harassed by a female co-worker and thus suffered from a hostile work environment. The California Ninth Circuit Court of Appeals reversed a summary judgment for the employer, emphasizing that Title VII of the Civil Rights Act entitles men, like women, to protection from an abusive work environment. The California Supreme Court eventually found in favor of male plaintiff.

Take away: Never just tell a male employee to “Be a man” or “Get over it”, if he claims of harassment. Take the claim seriously and conduct a proper investigation.

In conclusion

Most work related acts made by employers toward employees are not intentionally bigoted, malicious or discriminatory by nature. However, the complexity of labor laws in California demand that employers act with extreme caution when engaging employees and making employment decisions. In many cases, these actions can and will be brought against them in an employment lawsuit. As a reminder, California labor laws differ in many areas from Federal laws, so check with legal counsel before making any questionable employment decision or act.

Many job hunters still believe that the streets of Dubai are paved with gold. This may be true to some extent – Dubai is a tax free haven where net income is typically much higher than in other parts of the world. Even so, securing employment is not always easy. Approximately 80% of the population in Dubai consists of foreigners and competition for desired employment positions can be fierce. It is best to have an offer in hand from a company before traveling to Dubai. Of course this may not always be possible and there are certain advantages to traveling Dubai in hopes of finding a job as opposed to searching from one’s home country. For example, many employers will give preference to hiring someone actually in Dubai (and thus available for an interview), rather than having to endure the extra hassle and risk of hiring someone sight unseen. However, there is no guarantee of landing a job before expiration of one’s visa, making a bit of luck and local contacts invaluable in the process.

Once a job seeker has secured a position, a contract will be signed and the employer will act as the sponsor. The contract should include basic salary, job title and description, length of the contract, and termination conditions among other things. It is vital to negotiate a good package including salary, housing, and school fees if the employee has children. Other allowances may include coverage for medical, transportation, utilities, and / or annual vacation with an airplane ticket to one’s home country. (The law stipulates that companies must provide a vacation / airplane ticket at least every two years). Each company is different and packages will vary. The work week also varies from company to company with some working straight shift and some working split shift (with a few hours break in the middle of the day).

The sponsor should handle all paperwork required by the government for foreign workers, including getting the employee an employment visa, health card, and labor card. A company’s PRO (Public Relations Officer) will typically handle the logistics, ensuring all paperwork arrives at the necessary government offices for approval. First an employee’s application is approved by the Ministry of Labor, then the employee undergoes a health screening, and finally all relevant documents are transferred to the Ministry of Interior who stamp the residence visa in the employee’s passport. Employment visas are valid for a maximum of three years although they are renewable. In general, expatriate workers are not granted UAE citizenship or permanent residency. The Dubai government has taken steps to drive Emiratization of the workforce (stipulating that a fixed percentage of workers in certain industries must be UAE nationals and that all companies having 100 or more employees must hire UAE nationals as their PRO and/or Human Relations Manager). However, it is still believed that expatriate employees will make up a major part of the workforce in the UAE for years to come.

For those hoping to find jobs in Dubai, there are various avenues to take. There are several recruitment agencies with good reputations available to assist job hunters in their quest for employment, including long-standing companies such as Claredon Parker and Kershaw Leonard. As there are many recruitment agencies in operation, it is always advisable to do some research into their reputation and methods before using their services. Unfortunately it is not an uncommon occurrence for job seekers from poorer nations to drain their entire life savings paying unscrupulous agents from their home countries who falsely promise visas and jobs. Fortunately, recruitment agencies in the UAE are regulated and must be licensed, so the potential for scams in the UAE itself is greatly reduced.

For those who choose to search online there is also a wealth of options and information available. Some excellent resources include employment sites such as Bayt.com or GulfTalent.com, directories such as GulfJobsSites.com, as well as free online classifieds sites.

Some of us are happy with the job we have and are content with or even love what we do. Some of us are not happy with our job and it frustrates us the more we perform at work. Whether you like your job or not you primarily work for a paycheck. When conditions at work are so stressful that you find it difficult to work for your paycheck you might want to consider your work environment situation.

In some cases, employees are victims of conspiracies in the workplace. It may sound like something out of a workplace drama series, but it is a common deterrent of progress and ultimately a very unprofessional practice in the workplace.

We can pretend that drama doe not exist at work, but the truth is work is run by people. It is part of the human condition to play favorites and disrespect others. When this sort of unprofessionalism arises in an employer or employee, there is a great chance that he or she will attempt to gather additional employees on his or her side to rally against another employee in secret. This is a conspiracy.

Harassment

A conspiracy against an employee is almost always used to harass. Harassment is any conduct that will lead to the victim to feel unsafe, threatened, persecuted, or distressed. When an employer brings employees together to play a harmful role against an employee, he or she has a personal feud against that individual. This may be due to race, religion, gender, appearance, or anything that he or she does not like about that individual.

Harassment is used as a tool to single someone out and make them feel unwanted or embarrassed in the workplace. An employee may feel that he or she is underperforming at work and that his or her opinions are not of value.

Coercion

Most people who would like to see someone leave the workplace that know there are not sufficient grounds to fire him or her, will coerce the employee into resigning by use of conspiring. If someone starts to feel an incredible amount of stress at work and unwanted, he or she will more than likely resign. This is one of the main goals employers and employees try to achieve when conspiring against an employee.

For additional resources on conspiring in the workplace and legal avenues available for victims, contact the Houston employment lawyers of the Ross Law Group.

Living in Qatar can be a remarkable cultural experience, as you get the opportunity to explore the ways of a new country. It can be different from your home country in many ways. Read to know about some important things to consider when relocating to Qatar for job.

In 2013, Qatar was recognized as the world’s richest nation by Forbes. As indicated by the United Nations Development Program, it has had the highest human development. It is estimated that more than 500 expats arrive in Qatar daily. So, Qatar is home to a huge number of expats who have migrated here for work, and the individuals who are attracted to its luxury of life.

Jobs in Qatar

Due to the large influx of expats in Qatar, the whole nation has gradually transitioned towards English being the preferred language to conduct business in. Aside from the petrochemical sector, employments are opening up in different industries, like construction, real estate and many more.

Most expats are likely to secure a job before arriving in the country. The work week for the most part runs from Sunday until Thursday, with Friday and Saturday serving as the weekend.

It is normal for expats who work in senior positions to work on weekends, or extra time. Some other necessary things associated with your job and living are as mentioned below.

Cost of Living

There are plenty of chances to make and save money when living and working in Qatar. Most expats are attracted to the high pay packages offered. Despite the fact that the expense of products and services has gone up throughout the years, it is still easy to live comfortably. Rent costs vary depending upon the kind of property you’re looking for. The allowance is either paid monthly or as a single amount.

Accommodation

The accommodation here varies from lavish villas to more modern apartments. Expats who have families will in general like to live in compounds, as they offer more prominent security and you are normally surrounded by other expat families also.

In some cases, organizations have been known to lease a whole compound exclusively for their employees, which also reduce the rent charges a bit. Some complexes come with all the conveniences you could need, from gym and pools to bistros and general stores. Most villas come with at least four rooms and a garden area also.

Health Care

The health care system in Qatar is very acceptable. Regardless of whether you are a local or an expat, the Hamad Medical Corporation offers free clinical treatment to any individual who registers with them. It is important to know that an expected 500 expats are moving to Qatar every day, which is putting a huge strain on the system.

Waiting times at the medical center have increased, and more individuals are opting for private health care services, which can be more costly. Organizations may or may not offer medical coverage to their workers, yet this is not offered by default.

The Takeaway

Getting a job in Qatar may have its pros and cons but knowing about certain things before going will definitely make your experience at a new country much better.

The internet changed the method of reading employment news and finding employment. It is easier to read employment online news today rather than look through printed newspapers on a daily basis. Employment online news is constantly available and updated frequently. Most major newspapers have online news on employment and job seekers can get updated employment news as job openings occur. The process of finding employment online is simple and job seekers merely need to open a web browser and search for a website with employment news on a search engine or search on the website of a newspaper for their employment news section.

Large newspapers and business newspapers have both employment online news on the changing employment scene and classifieds for employers who are seeking qualified employees. Some major publications that have employment sections include the New York Times the Washington Post Businessweek and Forbes. The convenience on employment news online is that it is available 24 hours a day and 7 days a week and classified advertisements are added and updated frequently.

Navigation through a website using search options is easier when searching employment news compared to traditional newspapers. One can post advertisements and answer advertisements relating to jobs easily for a fee in online news magazines or papers. Most online magazines or papers have archive sections for the reference of the internet viewer.

This convenience is not available when reading newspapers and magazines in print as keeping past issues for months together can be impractical. Searches among job posts can be customized so that readers read only what they want to read and job seekers can find only the jobs they want to answer while browsing employment classified advertisements in online magazines or newspapers. These online newspapers and articles also provide email alerts to give readers alerts when suitable jobs are available. Searching for employment information online is a cost effective and efficient method of finding online information about the employment scene and news about jobs available for job seekers.

One of the effects of Sickle Cell Anaemia that is often overlooked is the effect it can have on the pursuit of a career.

The need for frequent hospital visits, for check-ups to maintain optimum health can, at least, be scheduled by employers in advance to contain any disruption in the Company’s productivity.

Employers are usually accommodating and supportive but the truth is that in today’s world of short-term contracts and tenuous employer/employee loyalty, companies are much more adept at finding reasons to declare an employee “unsuitable for the post to which they applied”.

This is a very subjective statement and almost impossible to prove discrimination based on the codes of practice detailed in the Disability Discrimination Act that prohibits dismissal based on the grounds of an employee’s disability.

Attractive incentives are offered by governments to encourage employers to recruit from particular areas of the workforce in order to provide a balanced perspective that highlights a person’s abilities rather than their disabilities.

All well and good. However, for someone with Sickle Cell Anaemia, the rogue factor of having an invisible disability that makes its appearance randomly, is not that easily accommodated by managers who do not prepare sufficiently for the Sickle Cell employee’s absences.

Consequently, the employee’s capabilities are questioned, they are made to feel guilty for the extra “burden” they place on their colleagues for covering their absence which leads to a greater level of tension, stress and ultimately more absence due to ill health, and so the cycle continues.

In an ideal world, managers would be able to plan ahead to cover for any eventuality but they are not infallible and will, some would say, logically look for an easy solution – the removal of the perceived burden on the company’s productivity by any means possible, that is, the “unfit for purpose” line.

Rather than stating the employee’s ill health though, reasons for dismissal suggest incompetence, a lack of proficiency, ability, capability and a whole list of similies that do nothing for an already deflated ego.

There is nothing worse than the feeling that you are limited by something you have absolutely no power over, that your physical being is conspiring against you to prevent you from living the life you want to live.

In periods of good health, you are able to live life as you want to but the pschological effect of the crisis episodes that suddenly strip you of the ability to provide yourself with the basic requirements of food and personal hygiene, takes its toll – even on the most cheerful of people.

The frustration is immense.

As most self-help theories advocate, the trick is to keep bouncing back. if nothing else, persistence and bouncing back are qualities that are extremely well developed in the mind-set of some one with Sickle Cell Anaemia – a rare quality that should appeal to the discerning manager or employer – in an ideal world.

A recent syndicated article has been circulating, which addresses the practice of employers requesting prospective hires provide their Facebook user name and password, during the initial interview process. The article is captioned “Can Employers Legally Ask You for Your Facebook Password When You Apply for a Job?” Why Congress and the States Should Prohibit This Practice.” As the title indicates, this article concerns what legal steps are being taken and can be taken to address this questionable employment hiring practice. However, missing from that article is the more practical and exigent side of the problem, which is the quandary facing the job seeker, when asked for this private information.

From the standpoint of both an employer and an employment law attorney, I will attempt to briefly tackle this question. The question is – until there are actual laws put in place to prevent the practice of an employer requesting an interviewee’s Facebook log-in information, what can you do to protect the privacy of your Facebook during your hunt for a new job?

Is My Facebook Information Private?

Yes and No. Let me explain….

Privacy Settings

First, keep it clean! Always be mindful that Facebook is constantly (it seems) changing its interface and privacy settings – keep on top of these changes and select your own personal security and privacy settings wisely. Only put things out there in the public, which you wish for the public to see. Notwithstanding the ability to select privacy settings, you should assume that some alterations to these settings or breaches in security down the road could cause your “privately” posted information to go public. Moreover, anything you post is really not truly private anyway, which is really the reason we “post” on Facebook in the first place – as it is shared amongst your Facebook “friends.” Be aware that those friends’ accounts could be shared or accessible by their spouses, family members, friends, and thus the information that you make visible to them could be shared with others – accidentally or deliberately.

Expectation of Privacy

Next, notwithstanding the above, I still believe that there is an “expectation of privacy” to many aspects of our Facebook accounts. We expect that the privacy settings will work as intended and our comments, posts, etc. will not be shared with the public at large, even if we have contemplated the possibility that friends or family members of friends might see our posts, comments and page(s). However, clearly we have an expectation that the settings themselves that we choose, our passwords, our private emails to friends through the Facebook email interface will remain private. When a prospective employer requests your username and password, they are requesting private and sensitive information – your password, which may be linked to other accounts or have some other personal significance that we do not wish to share. In addition, they are requesting access to all of your activity on Facebook – every post, every game, every comment, every email. Many of these things in and of themselves are reasonably expected by you to remain private. Further, the cumulation of this data, is reasonably expected to only be seen by you. Would any prospective employer request access to your private email account, the hard-drive from your computer, the entire meta-data & internet browser history from all of the sites you have ever visited on your computer. Of course they would not – but logging into your Facebook account grants this same type of information – access to any personal emails you have sent through the Facebook email interface, a complete view of any and all posts and comments you have ever made, a quick view of ALL of your Facebook activity, spanning the entire time that you have had your Facebook account, and access to your security settings, friends lists, blocked friends, etc. This is an invasion of your reasonable expectation of privacy.

How do I respond to a request by a prospective employer for My Facebook log-in information?

If you have read the above paragraph, I think a very pragmatic approach to addressing such a request would be to explain in response to such an inquiry, outlining the concerns detailed above. Couple those privacy concerns with an offer of a less intrusive method for the prospective employer to obtain what information they seek. What is it that the employer is seeking? In part, it might simply be to gauge how you respond to such a request. Thus, prepare to respond confidently, addressing your privacy concerns and offering a different approach, and turning the question back to the employer. Ask the interviewer or prospective employer what it is that they are looking for and if reasonable, in your mind’s eye, offer to “friend” them to give them a glimpse of the information that is available. Alternatively, you could offer to simply answer their questions about any given topic – thus putting the onus back on them to explain what precise information they are seeking. These approaches show a problem solving ability and critical thinking on your part, which are likely good qualities for any job you are seeking. They show that you are cooperative and constructively work to resolve potential conflicts, while standing up for your beliefs.

Should I Create A Second Facebook Profile?

Creating a second, “clean” or dummy Facebook profile is one possible approach to the situation, as well as a way to “friend” your mother or other family members, while protecting the privacy of your less discrete or more salacious or frivolous postings and activities between you and your more intimate “friends.” However, keep in mind that by doing this, the friends, family members, or prospective employers with whom you share the information on the dummy account, may discover or know of the existence of your other account(s) and may react unpleasantly to the deceit of being directed or relegated to a second, dummy account.

Can I Use my Work Computer or Cell Phone for Personal, Social Media, Email, Facebook?

The simple answer to this question is NO! I get asked this question a lot, and the basic answer is that there is no reasonable expectation of privacy in any information transmitted or entered digitally into/through a work computer, cell phone, or other device. The device belongs to your employer, and thus the employer has a right to seize or view the device itself at any time, and regardless of your deleting the ESI (electronically stored information), as most people understand in this digital age, deleting ESI rarely ever actually completely deletes and destroys that information. Without getting into the technical details of it (which I am not qualified to fully expound upon anyway), when you delete electronically stored information, you are merely deleting the ROM’s access to and indexing to that information – the actual information itself remains on the drive, although partitioned away somewhere and un-indexed. It may over time become partially or entirely overwritten, but that may not happen for a considerable length of time, if ever. Further, by transmitting information through your corporate device, that information will likely pass through and be processed by your company’s server, leaving traces of and the actual underlying information there for your employer to see. Also, automatically stored passwords and such, if enabled, may provide your employer easy access to ALL of your account information. This topic deserves much more, but that is not the purpose of this article.

In conclusion, this is a very interesting topic, from both a legislative and an employment standpoint, and I am eager to read any relevant comments, anecdotes and ultimately to see how this landscape evolves over time.

Hearing the term Gig Economy recently caught my attention. I hadn’t given much thought to it but it is a big part of what we do as consultants in the employment agency industry. Where did this word gig originate? Musicians refer to their paid performances as gigs and really cool people refer to their temporary jobs as gigs. Put another way, the term “gigging” means having paid work or being employed.

Today a gig could be a temporary job in terms of length of employment. In the employment industry, we often refer to these assignments as either temporary or contract as it is usually for a defined period of time. Gigs can be full-time work hours and other times they are part-time hours.

Well, with our robust economy sitting at 4.0% unemployment it appears that all is well as it pertains to finding work? Many economists believe these numbers to be misleading. The feeling of prosperity is not being felt by many and this leads to the need to take on an extra job [or two] by millions of Americans just to make ends meet. We know by looking at the data that people tend to change jobs several times throughout their working lives and the gig economy can be seen as an evolution of that trend.

In the employment industry, we know that 1 in 5 workers in the workforce is contingent or flexible hourly labor. Many professionals are choosing contract employment because of the flexible work hours, work-life balance or a way to stay engaged in the workforce while keeping their technical and people skills sharp. While employment numbers count W-2 statements these employees could be working part-time or working this assignment until a better opportunity comes along. There are approximately 6 million people [4% of labor force] that make up the U.S. contingent workforce as these numbers have not been tracked in past years.

Capturing the gig economy is important when working to understand the employment numbers. Many employers are choosing a contingent labor force as they look for ways to remain competitive while controlling employment costs and expenses. When marketing or seasonal fluctuations impact sales companies know that a contingent workforce allows them to remain flexible and profitable.

“The gig economy is not new-people have always worked gigs..but today when most people refer to the “gig economy” they’re specifically talking about new technology-enabled kinds of work” I.e Uber, Pinot’s Palette, Airbnb, etc

Companies should know that the growth of the gig economy is a global trend and this trend does not show signs of slowing. People are looking for ways to find balance in their lives while providing for their families. Sometimes that requires a second job. As we look at these gig workers companies should know that these numbers are expected to increase from 4 million to over 9 million in 2021.

Smart companies know that a flexible workforce makes good business sense.

Motivation is a set of processes that determine individual choices. These processes are influences from families and friends that we receive throughout our life. When speaking with business owners it is clear that they are self motivated and determined to succeed. How did they reach this point and maybe you have not? It is the result of the interaction of your internalized needs and the external influences you receive.

Past experience sways our thinking. Most people who plan to be entrepreneurs have developed a physiological or psychological need. The person then develops a set of behaviors to satisfy this need. The behavior then results in action toward the goal. At some point in their life, they have been exposed to positive self esteem types of people. They appreciate and can accomplish hard work through employment. But, they look past the standard employment model. This is what we provide in our Tupperware Sales Business. (See [http://www.YourTupperwareOnline.com])

It Can Be The Most Frightening of Times, Yet, The Most Satisfying of Times.

Maslow’s Hierarchy of Needs determines that people seek safety and security. This carries over to employment issues. Many people seek positions as employees that will provide long term opportunity with minimal change. What happens when you want to step out of this plan? Anxiety in Excess! Why? You realize that you need to re-train your own thinking process. You are clearly out of your personal comfort zone. You find that you will need a different type of effort to execute successful performance. You realize that there is no one to fall back upon. It comes down to how you operate dealing with all aspects of your own business.

We use the Maslow Theory to transform our Managers into Leaders. What is the difference? A manager understands your goals while a leader can influence the behavior of others to achieve the goals. First, we develop leaders from managers after they develop competence. This means that they have enough experience and training to be productive and efficient. This is the required groundwork to leadership. Next we establish their integrity by stressing truthfulness, being trustworthy, and good character. Customers or fellow sales people need to believe in them if they are to do business or follow them. Finally, we coach them to be inspiring. How do you do this? By instructing our leaders to be decisive with decisions and always provide direction to subordinates and customers.

What are the Challenges Facing Leaders?

1) Leadership must be displayed throughout your organization.

2) Constantly changing environments demand quick response.

3) During times of crisis, a leader must commit themselves to see their decisions through to the end.

How Can I Become a Better Leader?

1) Know yourself before attempting to lead others.

2) Your personal philosophy will influence your behaviors.

3) Prepare to think situational.

4) You must lead by example.

5) Allow for team building. A great team can accomplish much more than any individual.

6) You must be comfortable using different styles according to the variables at hand.

7) Adopt a constant self improvement philosophy.

Being self employed often feels as if you are alone on an island. You are not. Visit our website [http://www.YourTupperwareOnline.com] to get free business coaching tips. It will be an opportunity to interact with business owners.

In the 21st century, every country ought to have put in place mechanisms that will provide a humble time for prosperity of its citizens; however, this is not the case, there are still several challenges most countries face such as lack of employment and illiteracy. The advancement of technology especially in the ICT sector has presented various viable opportunities that youths can explore to better their future, ICT may not be the sole solution to eradicate poverty in the developing world but it’s worth an effort.

It’s a shame several countries pay little attention to Information Communication Technology (ICT) innovations given the potential it possess in addressing modern challenges faced by unemployed youths across the world. The use of ICT in the developing world to empower and create jobs for youth generations ought to be explored and pursued vigorously if governments’ intent to drastically eradicate unemployment related problems; it is and should be considered as a key tool in propelling countries towards economic growths.

Recent statistics indicate youths constitute more than half of the world’s population; 81 million are unemployed as per 2008 statistics representing an additional 7.8 million compared to the year before. To make it even worse, 87 percent of the world’s youths are said to reside in the developing nations where employment opportunities are scarce and limited. However, by embracing ICT, governments will be able to provide youths with greater prosperity space through innovations and exploitation of the global market place.

ICT has presented the developing world with employment opportunities for youths inform of outsourcing, online entrepreneurial opportunities and so on; big corporations abroad prefer outsourcing services to firms in the developing world as it is economical than hiring in-house employees. Apparently, it would be costly to hire employees and pay them monthly remunerations plus benefits such as travel allowance, medical cover and retirement benefits than just outsource those services to offshore firms where there is low cost of production and cheap labor.

Entrepreneurial opportunities include selling products and services online as well as working for offshore companies from home, these services may include data entry, transcription and taking surveys. On the other hand, youths can sell goods from their own online stores and accept payments via recognized global payments solutions providers such as MasterCard Visa and PayPal. In addition, they can set up affiliate accounts or become resellers and promote products on their websites while earning commissions from sales.

Youths can also explore ICT opportunities that are not necessarily online oriented such as mobile payments solutions in the vast mobile telephony industry.