The Deadly Race To Wealth

     Moritz Erhardt, a University of Michigan student from Germany, collapsed at his London home in Bethnal Green on Thursday, after allegedly working until 6 a.m. for three days in a row at Bank of America Merrill Lynch’s investment banking division.

The cause of his death is unknown but several sources have claimed, credibly, that Erhardt was working exceedingly long hours in an attempt to secure a full-time offer. An intern who worked with him told the Guardian that Erhardt “worked very hard and was very focused. We typically work 15 hours a day or more and you would not find a harder worker than him.”

   After news of Erhardt’s death rocketed around Wall Street, most young banker sources were shocked but not surprised. “This was only a matter of time, given how many people go through similar stretches,” one banker said. “The human body is not meant for such abuse.”

What can be done to ensure this does not happen again?

In California, the general overtime provisions are that an employee shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek  Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

1. One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
2. Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

So if Erhardt lived and worked in California, would he have been paid an obscene amount of overtime?  No, generally, executive, administrative or professional employees are exempt from the Fair Labor Standards Act’s overtime and minimum wage protection.  As an investment banker, Erhardt would have been exempt under the “professional employee” exemption.

However, should Erhardt been protected?   We are currently in one of the toughest job market experienced in recent times and the competition is high.  Entry level jobs and “internships” has become a sort of initiation process of low pay, tortuous hours and tasks designed to push the young person to their limits, even of health.

If you feel you have an employment claim, contact an attorney today.

Too Attractive? Too Ridiculous!

It’s a problem that perhaps some of us wished we had:  being too attractive.  But perhaps not.

When twenty-seven year old Iranian politician Nina Siakhali Moradi won her bid as an alternate to the Qazvin City Council earlier this summer, she epitomized the promise of more civil rights for the country’s women.  But now, Moradi has been barred from from taking up office because she was too beautiful to serve.

“We don’t want a catwalk model on the council,” balked an unnamed senior official in Qazvin, according to a report in the Times of London.

The official reason, according to Seyed Reza Hossaini, Qazvin’s representative in Parliament and a review board member, was, “Her votes have been nullified due to her disqualification, as the review board did not approve her credentials. We have told her the reason why she has been disqualified.”

But Nina Siakhali Moradi is more than just a pretty face.   A review of her “credentials” reveal that she is an architect and website designer. She managed to collect 10,000 votes during the June election.  Moradi placed 14th on a list of 163 candidates, which allowed her to become an “alternate member of the Council.”

A similar issue arose in Iowa last month when the Iowa Supreme Court stood by its ruling that a dentist acted legally when he fired an assistant because he found her too attractive and worried he would try to start an affair.  The court said such firings do not count as illegal sex discrimination because they are motivated by feelings not gender.

So when do such firings become illegal?

In California, it is not illegal to fire someone because he or she is too attractive or not attractive enough.  Generally in California, there is a presumption that any employment is “at will”.  (See Labor Code § 2922).  This means employees can quit their jobs at any time they choose to do so. This also means that employers can fire employees with or without any reason as long as employers do not violate workplace laws that protect employees from retaliation or discrimination.Unless an individual’s age, gender, race, disability, national origin, sexual orientation, religion or pregnancy is a factor in an employer’s decision to fire someone, it is not illegal to fire someone simply on the basis of one’s physical looks.

A violation, however, would be when an employer terminates your employment, refuses to hire you, demotes you, or fails to promote you because of your gender.  Gender discrimination can take many forms.  Gender discrimination can manifest itself in more insidious ways, such as sexual harassment or workplace retaliation. Men, as well as women, can suffer the effects of gender discrimination.

All of the behaviors described above are violations of California and federal law.  However, laws are complex and obtaining justice in such cases is not always easy. If you believe you have been terminated illegally from your job, contact an attorney who is able to assist you through this stressful time.