Women Allowed To Get Paid Less Then Men

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Briefcase in a hand, business illustration9th U.S. Circuit Court of Appeals

For all those women who voted for Trump and by their actions approve of his misogynistic abusive treatment of women, you will be happy to read this decision.

The 9th U.S. Circuit Court of Appeals in San Francisco ruled that an employer can pay a woman less than a man for the same exact work if the man was paid more at his previous job.

Judge Lynn S. Adelman stated, “If prior salary alone is responsible for the disparity, requiring an employer to consider factors in addition to prior salary cannot resolve the problem that the EEOC and the plaintiff have identified.”

Rizo v. Yovino

In the case of Rizo v. Yovino, Aileen Rizo was hired by the Fresno County school system as a Consultant back in 2009. Her annual salary was $62,733, which was just about 10K more than the previous job she had.

However, in 2012, Rizo discovered that the school hired a man for the same job and paid him $79K per year, which is $17K more than her. When Rizo went to her employer to complain, she learned that the other male co-workers in her field were all paid more than her based on the salaries of their previous jobs.

When Rizo sued, the unanimous panel said the Equal Pay Act allows for pay differences based on “a factor other than sex,” and this includes past salaries. Rizo’s attorney, Daniel Siegel, informed the Associated Press, “The logic of the decision is hard to accept. You’re OK’ing a system that perpetuates the inequity in compensation for women.”

With the world being in 2017, this is yet another step backward for women in the US.

Until next time, I’m Attorney Francine Ward helping you protect what’s yours. Join my conversation on FacebookTwitter, or in one of my LinkedIn groupsGoogle+ Circles. Feel free to subscribe to my newsletter.

 

This election cycle is revealing some sad truths.

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Presidential Debate. Trump. Rosie O’Donnell. Megan Kelly.

Election. Vote.

Election. Vote.

I am not as surprised, as many folks seem to be, by Trump’s behavior. This is who he has always been, and he has never hidden his beliefs or his crudeness. He hasn’t gotten to be a billionaire by playing nice.  Ask folks in NY. Umm… I’m curious if he will win in NY. But what does surprise me is that so many women support a man who has openly denigrated women. His wife does not seem to mind and neither does his daughter. And to the folks who got mad after seeing the TV commercial with his offensive Twitter quotes, I ask, where were you when he first made those vile statements about women? Where were you when he made disgusting comments about Megyn Kelly and Rosie O’Donnell on live TV during the first debate?

Blinded by the Bling?

Next, I GET that rich folks like Trump. I understand the attraction. He is rich and his goal is to help rich folks get richer. But what surprises me is that so many poor folks and hardworking blue collar folks find Trump appealing. HE is the reason many hard working Americans don’t have jobs, because he outsources them overseas. When asked about it, he shifts the blame to someone else e.g., President Obama, as he always seems to do. Interesting, because he’s been outsourcing for years, what was his excuse before President Obama came into office?  Today, he continues to outsource jobs overseas. Do people not know that? Are they blinded by the brashness – by the bling?

Black Republicans. Gay Republicans.

Finally, what really surprises me is that there are so many blacks and gays who are proclaimed republicans.  A party that openly (except during election time) dislikes minorities and hates gays.  I guess it is just hard to overcome self-hatred.

What are your thoughts?

Until next time, I’m Attorney Francine Ward helping you protect what’s yours. Join my conversation on FacebookTwitter, or in one of my LinkedIn groupsGoogle+ Circles.

 

Adele. Music. Trump. Intellectual Property. Right of Publicity.

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Intellectual Property. Right of Publicity.

Intellectual Property. Right of Publicity.

When was the last time you purchased a CD or MP3 download of your favorite artist’s songs and listened to the tunes at home, in your vehicle, or on your headphones while out for a jog? Like me, I presume it’s quite often.

Right of Publicity?

However, did you know that you cannot play the songs you purchased publically?  So when you’re at an outside party or gathering such as restaurant, event hall or at your local park, the music that is being played for the group to hear is subject to copyright laws. Where you aware of this? Apparently many people are not, including our presidential candidates.

English singer and songwriter Adele is reminding presidential candidates to stop using her music during any campaign events.

Adele recently discovered via Twitter that Trump played her song at an Iowa event when a tweet was sent to her saying: “Hey @adele #trump is still using Rolling in the Deep at a rally in Iowa…”

Prior to that, former Gov. Mike Huckabee also tweeted out the video of Adele’s ‘Hello’.

Adele’s representative, Benny Tarantini, sent this statement to the press: “Adele has not given permission for her music to be used for any political campaigning.”

In an exclusive article, The Independent wrote: “The Republican frontrunner has consistently played Adele’s smash hit ‘Rolling In The Deep.’ with its ‘we could have had it all’ refrain, to stoke up the atmosphere at campaign events before his appearance.”

IP Infringement.

So if you’re at a place that’s open to the public and would like to play a song, how do you ensure that you’re not infringing on someone else’s Intellectual Property?

Make sure you have the written approval of the copyright holder or that you have the appropriate music licenses.  A few of the major clearinghouses are ASCAP, SESAC, and BMI.  These music performing rights organizations have various license options from single event to annual blanket licenses. Here are some helpful links from each of these organizations which discusses the licenses and fees:

As always, it is critical that you know and fully understand the laws as well as your rights.

Until next time, I’m Attorney Francine Ward helping you protect what’s yours. Join my conversation on FacebookTwitter, or in one of my LinkedIn groupsGoogle+ Circles.