On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.

 

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women’s rights lawyer or an employment attorney as soon as possible.

 

If you are a woman and you’ve been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

 

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

 

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

 

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

 

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

 

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

 

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

 

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

 

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don’t understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

 

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

 

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work

 

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won’t come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women’s vote.

 

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

1.The Vice President is in charge of the Senate.

 

2. The President must be a woman.

 

3. No more interviews of politicians.

 

4. The democratic party is outlawed.

 

5. Only one news channel – Fox News.

 

6. Any more fake calls from disc jockeys pretending to be the President of France and Canada is out of NAFTA, whatever those initials stand for in the constitution.

 

7. All turkeys are pardoned.

 

8. Snowmobiles should be used in place of cars throughout the U.S.

 

9. Anytime a woman is elected governor in Alaska, she automatically becomes the President two years later.

 

10. Rewrite the whole darn constitution with PTA moms in charge this time.

 

Now here is everything (well, almost everything) you need to know in businessabout environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words La Quinta business lawyer or La Quinta business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as La Quinta business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in La Quinta – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified La Quinta environmental attorney.

 

2. La Quinta International, Shipping and Maritime Law – A La Quinta international attorney with years of international legal education and experience such as you’ll find at our La Quinta law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a La Quinta international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between La Quinta international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. La Quinta Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a La Quinta election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. La Quinta Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a La Quinta consumer lawyer is immediately in order to avoid being scammed, or defrauded. A La Quinta consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a La Quinta consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in La Quinta – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a La Quinta constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Food and Wine Law, Hotel and Restaurant Law in La Quinta – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a La Quinta food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

 

7. La Quinta Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a La Quinta estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in La Quinta – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a La Quinta agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in La Quinta – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our La Quinta law firm stands ready to defend them

 

10. La Quinta Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our La Quinta personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in La Quinta, Palm Springs, Palm Desert, Coachella, Rancho Mirage, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our La Quinta law firm has the knowledge and resources to be your La Quinta Lawyers and your La Quinta Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in La Quinta or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a La Quinta attorney from our offices can assist you.

Attacking the media has long been a tactic of national candidates. In this election, once again, we have seen this tactic employed, yet with little of the success it enjoyed in previous Presidential campaigns.  As an election and  constituitonal lawyer, one can only applaud this lack of success in the use of this tactic in this election.

For the most part in this Presidential campaign, one candidate has been leveling these attacks on the press with regularity and with increasing anger, John McCain. While newspapers expect this to some extent, the public that is not wedded to one side of the fence or the other appears to be tiring of the attacks.

Recently, John McCain denounced the New York times in the strongest words, following a Times report that McCain’s campaign manager, Rick Davis, had been pain nearly $2 million by mortgage entities Fannie Mae and Freddie Mac. McCain’s chief strategist, Steve Schmidt said the New York Times is no longer a journalistic organization but is 150 percent in the tank for Barack Obama. Schmidt earlier attacked MSNBC as being an organ of the Democratic National Committee, and said the news media are on a mission to destroy Sarah Palin.

Unfortunately for John McCain, it has since been reported in the press that McCain’s campaign manager’s lobbying firm owned by his campaign manager has received $15,000/month for nearly three years and that and that the campaign manager was paid $30,000/month for nearly five years by an advocacy organization that he headed and which was financed by Fannie Mae and Freddie Mac to fight regulation. It has further been reported that McCain’s senior advisor, his campaign’s vice chairman, and his Congressional liaison, also made large sums of money from Fannie and Freddie lobbying or were in firms that did.

In an apparent attempt to deflect attention away from his mistaken attack on the New York Times story, McCain then announced he was suspending his campaign to immediately fly to Washington after awaking that morning to find a report in the Washington Post that he was behind in the polls by nine points. Soon after attempting to criticize that finding, and knowing what the disaster Sarah Palin’s interview with Katie Couric would be aired that night, McCain chose to dump his appearance on the David Letterman show, upstage the Couric interview with his own interview on the CBS News, and announce the suspension of his campaign that was in reality, never a suspension.

In hindsight of course, McCain’s actions were a huge error in judgment. His dilly-dallying around New York after ditching Letterman were picked up on and hammered at him unmercifully for two nights on the David Letterman show and later on the Daily Show, other news shows, on the internet and in the press. By the time he arrived the next day in Washington, it had already been announced that there was bipartisan support for the bailout bill, that just as quickly dissipated upon his arrival. It was reported that his campaign had not been suspended and Letterman, among others joked at his expense why he must have felt he could not leave his campaign in the hands of Sarah Palin, when she was seen incapable of answering simple questions put to her by Katie Couric. And after announcing he would not take part in the debate until there was either a bailout bill or great progress toward one, he had to fly back from Washington for the debate with no bailout bill in hand and Congress much less united than when he had arrived.

In the past, attacking the press has proved fruitful for Presidential candidates. This time the attack is falling on deaf ears and has either been the exception to the rule that it will help a candidate, or there is a change taking place in what a candidate risks if he is wrong.  As an election, campaign, publishing, marketing, media and constitutional law attorney, one can only conclude that negative attacks by the candidates are not working as they used to, whether it is against the media or against the other candidate.  The public has become weary of such tactics and it is showing in the polls.

Visit the Sebastian Gibson Law website at http://www.SebastianGibsonLaw.com . If you have a publishing, literary, first amendment, media, marketing or constitutional law issue, come to an experienced law firm who can represent you as your California Publishing Lawyer, your San Diego Constitutional Attorney and your attorney throughout Southern California. We have the resources and knowledge to represent you from San Diego to Orange County, from Huntington Beach and Newport Beach to Long Beach, Santa Monica, Ventura, Santa Barbara and San Luis Obispo. We also represent clients inland from Anaheim to Temecula, from Rancho Cucamonga to Palm Springs and Indian Wells.