California Labor Law Breaks

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Whether you are trying to get pregnant, or think you may already be pregnant, it can be extremely frustrating waiting to find out one way or the other! Lots of women cannot bear the wait between ovulation and menstruation and want to find out if they are pregnant sooner rather than later.

Fortunately many over-the-counter pregnancy tests can be taken on or after the day that your period was due – and some newer generation tests can even be taken a few days before menstruation. But, if you are really impatient to get results, you may be surprised to know that your body can be an excellent indicator if you monitor yourself carefully!

Many women experience some signs of pregnancy in the week before their period is due. Although these symptoms can mimic pre-menstrual symptoms, sometimes they are a little more severe. So you may feel you have a particularly bad dose of PMT and later realise that you were in fact pregnant!

Some women experience pregnancy symptoms within just a few days of conception; others experience nothing at all until a few weeks into the pregnancy.

Conception usually occurs within 8-10 days of ovulation and at this point your body starts to react to HCG (Human Chorionic Gonadotropin), the pregnancy hormone. This is the hormone that pregnancy tests detect in a positive test. And it is the rapidly rising levels of HCG which cause the symptoms of pregnancy.

If you do suspect that you may be pregnant and are suffering from some or all of the symptoms outlined below, see your GP as soon as possible. It is important to receive medical care and to get a booking in appointment at hospital so that you can receive appropriate ante-natal care.

So what are the early signs of pregnancy?

·Nausea/ Vomiting

Otherwise known as “Morning Sickness”, this can occur very early on in pregnancy, even before you realise that you are pregnant. Many women think they may have a touch of food poisoning or are coming down with a cold! Although called morning sickness, it can occur at any time and can come in bouts or last all day and night! Eating little and often can help relieve it and you might find that dry crackers are very effective. The nausea often gets worse when you are hungry so it can be useful to keep some snack food with you at all times. The gag reflex is often easily triggered and simple acts like brushing your teeth can leave you hanging over the toilet bowl!

·Enhanced Sense of Smell and Taste

Lots of women become more sensitive to everyday smells and common foodstuffs, such as tea, coffee and toast, can trigger nausea. Your sense of taste may change dramatically and you may find you can no longer bear to drink or eat foods that you would normally enjoy! You may also notice a metallic taste in your mouth.

·Frequent Urination

This can happen as early as 1 week into the pregnancy. You may find you are running to the toilet a lot more often than normal and maybe even during the night. As the uterus rapidly enlarges after implantation, it presses on your bladder making you feel like you need to urinate. Often you will rush to the toilet only to pass a tiny trickle of urine!

Urine may also darken and have a stronger smell than normal so you should try to drink plenty of water. If you are concerned or experiencing pain speak to your GP in case you have a urinary tract infection.

·Breast Tenderness

It is very common for women to report that their breasts enlarge and become extremely tender very early on in pregnancy. Nipples also become very sensitive and enlarged and will darken in colour. Breast veins also become more noticeable – all in preparation for breastfeeding! Little bumps, Montgomery’s tubercles, also appear on the areola (the area surrounding the nipple) that will help to lubricate the breast during breastfeeding.

·Tiredness

You may feel absolutely exhausted very early on in pregnancy and throughout the first trimester. This is a result of rapidly rising HCG levels, very high progesterone levels and a higher than normal body temperature. Combine all that with frequent toilet trips and nausea and trying to hold down a job and it is no wonder pregnant women feel exhausted!

·Missed Period/ Cramping/ Backache/ Headaches

For most women this can be the first indication that they are pregnant but for the first few weeks of pregnancy you may experience cramping and have a feeling your period will arrive at any moment. Often the cramping is accompanied by back pain.

Obviously, any cramping and bleeding, even if it is light, should be reported to your doctor. Pregnant women also often experience more headaches than normal and again this can be a result of massive hormonal changes.

·Light Bleeding/ Spotting

About 8-10 days after ovulation some women experience some light bleeding which coincides with the time a period was due. Sometimes this can be mistaken for a light period. This bleeding is often implantation bleeding which is a result of the egg implanting in the uterus.

·Dizziness/ Fainting

Because pregnancy affects the sense of taste and smell lots of pregnant women unintentionally avoid food and skip meals. This causes low blood sugar levels which can lead to dizzy spells and fainting.

If you are standing for a long period of time the increased pressure of the uterus pressing on major arteries in your legs can lead to a fall in blood pressure which can also make you feel dizzy or faint.

·Constipation

In order to absorb all the nutrients that your developing baby requires, pregnancy hormones slow down your metabolism and this can lead to constipation. Try eating plenty of fresh fruit and vegetables and drinking lots of water to help avoid constipation.

·Irritability

With lots of pregnancy hormones raging through your body, as well as coping with sickness and tiredness, is it any wonder pregnant women get easily irritated during early pregnancy? If you find yourself getting stressed and losing your temper try to take some gentle exercise, more rest and eat a healthy, balanced diet – if you can face it!

·Heartburn/ Indigestion

Although heartburn and indigestion are usually associated with the later stages of pregnancy, they can also occur early on for some women. HCG slows down digestion meaning that your stomach remains full for longer. Stomach acid can then make its way into your oesophagus and even to the back of your throat causing discomfort and even nausea. It can often be relieved with medication, so ask your doctor for some antacids suitable during pregnancy. Avoid eating heavy or spicy meals late in the evening as these can aggravate the problem!

·Changes in Complexion

You might notice your skin breaks out in spots as a result of all the pregnancy hormones coursing through your body but this often settles down by the second trimester! Any moles or liver spots may also darken due to increased skin pigmentation.

·Increased Cervical Mucous

Many pregnant women notice that they pass more cervical mucous than normal and that it is thick and white. This is normal in pregnancy. But if you notice an unusual smell or itching alongside it, consult your GP as Thrush is also a common pregnancy complaint!

·Weight Loss

Perhaps surprisingly you may lose weight during the first trimester of pregnancy. However, considering that most women try to eat more healthily, cut out alcohol and eat less due to a decreased appetite, it is completely normal! Couple that with a bigger bosom than usual and you may be complimented on how wonderful you are looking – often by unsuspecting individuals who are unaware of your pregnancy. Make the most of it while you can!

Enjoy your precious nine months!

by Sinead Hoben

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Labor and childbirth was an amazing, positive experience for me, both times. I am very fortunate, I know. But I do believe that if you prepare yourself through education (reading books, reading websites like this one, taking prenatal classes, etc) and taking good care of yourself while you are pregnant, you will have a far greater chance of a pleasant birth experience.

There are many things you can do to increase your chances of an empowering childbirth experience. These are the things I did:

Pregnancy yoga classes

Regular Chiropractic care

Chose a Midwife instead of a doctor

Hired a doula to be with me through the labor and birth

Took high quality vitamins, folic acid and natural iron supplements (made by Flora, derived from natural sources, not metal)

Took a 18 hour prenatal class from a former midwife (NOT at a hospital)

Lastly, I believed, truly believed that my body knew what it was doing. I was not scared at all. I knew in my heart of hearts that pregnancy is a healthy state of being, and that my body would know exactly what to do when the time came. And it did!

So many people seem to enjoy telling stories of excruciating pain during childbirth. Others will tell you their labor was 87 hours long! I do not know why women do this to each other. Yes, I will grant you, labor is painful. But it is also powerful and incredible what your body can achieve!

One important note: I am Canadian, and our medical system is much different than the United States. BUt I am aware that most visitors to my website are American, so that is why I often try to include American statistics and information. One major difference between our two countries is that midwives in most parts of Canada have hospital privleges, i.e. they are allowed to deliver babies in hospitals. They perform essentially the same procedures as doctors, except they do not perform surgery. Whereas doctors view childbirth in terms of what can go wrong, midwives see childbirth as a natural process and medical intervention is only necessary in the event of an emergency.

I had many questions before I gave birth the first time, and the following onformation is what I leaned about labor and child birth. I am not a doctor, and I have no medical training whatsoever, so please ask your own doctor for clarification or more information.

Am I going to be pregnant forever?

In terms of when the average woman gives birth, a woman’s due date is determined to be 40 weeks after her last menstrual period, which is about 280 days. Most women deliver very near their due date, but anywhere from 38 weeks to 42 weeks is normal. You know you are in labor when you have strong (generally more painful than period cramps) contractions, five minutes apart, which last for a full minute. The first stage of labor is the longest and that is when your cervix dilates from 0 to 10 centimetres and becomes thinned out (or “effaced”). The second stage of labor is the pushing stage, which begins after you are fully dilated. The third stage of labor is after your baby is born and you deliver the placenta.

I was worried that my water would break in the supermarket and I would be mortified. However, the bag of water, (the membrane that surrounds the fetus and protects it during your whole pregnancy), contains amniotic fluid and it only breaks at the beginning of labor (mine did) 10% of the time. It does not hurt. You may not even know it has happened, but you may feel warm water on your legs. You feel a tiny “Pop!” and then a little fluid trickles out. It’s not a huge gush – I think this is because the baby’s head is acting like a cork. Most commonly, about 90% of the time, your water breaks when your cervix is fully dilated. Sometimes your midwife or doctor may break it. When that happens, prostaglandins are released, and contractions become stronger and more regular, and the progress of labor speeds up.

Many women also wonder when they should go to the hospital. Your doctor or midwife will educate you about what they want you to do. Some may want you to phone the hospital as soon as anything happens. A midwife usually comes to your house, so you don’t have to plan so much as you would with a doctor. When you get to the hospital, you will need to register at the Maternity Department. Usually you can do this a few months prior – call the hospital where you will deliver and find out. Depending, again, on whether you have a doctor or midwife, a lot of different scenarios can take place. Also what kind of doctor you have: is he or she someone who believes that your body knows what to do? Or will he or she insist that you are given an IV and hooked up to a monitor constantly? You do NOT have to labor this way, but you need to decide before you choose a doctor what is important to you and how you want your experience to be. (A birth plan would be a good option. If you present your birth plan to your doctor and he or she laughs at you – reconsider using that doctor!)

How long does it take?

Every labor is so different, but generally speaking, first labors take about 12 to 24 hours. My first labor was about 10 hours but my midwife said that I was only in “active” labor for 5 hours, which I disagree with because the first 7 hours were not spent sitting around comfortably!

What about the pain? Is it really that bad?

I am not going to lie about it, it is painful, but your body is an amazing machine. I did not take anything for the pain during my labors, but I was very fortunate to have a wonderful doula and husband who supported me throughout. Studies have shown that continuous support during labor decreases the need for pain relief by 60%. See my article entitled “What would I do without my Doula?” here http://www.pregnancy-leads-to-new-babies.com/doula.html.

What’s wrong with having an epidural? Why go through the pain if you don’t have to?

This is simply my opinion – I am not a doctor, but I have done the research. For me, I was not trying to be a martyr. I just wanted my baby to have the very best chance of being healthy. Generally, it is true to say that epidurals are a safe and effective method of relieving pain in labor, but safe does not mean risk free. There are risks; I would be lying to say there are none. See Thorp, J.A. & Breedlove, G (1996) Epidural Analgesia in Labour: An evaluation of Risks and Benefits 23(2) 63-83.

In terms of risks for your baby, epidurals can cause maternal fever and this can potentially harm your baby. Newborns sometimes also exhibit poor nursing behavior for up to one month. Many newborns exposed to epidural anaesthesia in labor are very sleepy and they would rather sleep than nurse, which can be problematic because the more you nurse at the beginning, the faster your milk will come in and the better your experience will be. It’s shocking to me that most women take such exceptional care of their babies while they are pregnant, i.e. no alcohol, no Tylenol, etc., but they willingly expose their babies to drugs during childbirth without fully educating themselves of the risks.

Here’s something you want not want to know: Hospital-employed childbirth educators WANT you to have an epidural. Hospitals make a lot of money from epidurals. The nurse often comes into your room and says, “Are you ready for your epidural now?” In the U.S.A, an epidural costs from $500 to $2500, depending on the hospital. The United States spends more money on birth ($50 Billion a year!) than any other nation in the world, without necessarily getting the best results. The average hospital birth costs $8,000 – $10,000 and that doubles for caesareans, providing very nice profits for obstetricians, anaesthesiologists and drug companies. Hospital policies are routinely set based on financial goals. This is a fact, and if you don’t believe it, you are being duped.

Just hear me out on this one: It makes sense, doesn’t it? Since midwifery care and doula care reduces the rates of intervention, they also reduce the profit for doctors and hospitals. Of course, they will try to convince you that midwives are dangerous. They want your money!!! That is why, in Canada, where we have arguably the best government-run medical insurance system in the world, governments realised that by allowing midwives to deliver in hospitlas, they are saving millions of dollars.

Back to epidurals (which I am not completely against, by the way! I do believe they are warranted in some cases)If you have an epidural, you must also have a urinary catheter inserted to empty your bladder. Epidurals can cause your blood pressure to decrease, so a nurse will check your blood pressure very often. The nurse or doctor will also periodically rub your abdomen to make sure there is enough paralysis but not so much that your breathing becomes impaired.

There is also a domino effect that plays into it as well – once you have one intervention, you are more at risk for more and more. For example, a woman who has an epidural is FOUR times as likely to have to have a caesarean section. Sometimes it relaxes the pelvis so much that you cannot push out your baby, so the use of Vacuum and forceps are significantly increased. This means you also have to have an episiotomy (where they cut your skin from your vagina to your rectum) in order to get the forceps into your vagina. Sometimes there are complications from episiotomies, as you can well imagine, such as bowel incontinence and urinary incontinence. Note: According to Childbirth practices researcher Katherine Hartmann, MD, PhD, close to 1 million unnecessary episiotomies are performed in the U.S. each year. She says episiotomies are probably medically warranted in fewer than 10% of cases. Currently 1 in 3 American women get episiotomies. Hartmann is director of the Center for Women’s Health Research at the University of North Carolina in Chapel Hill.

The biggest risk of epidural is death – if the anaesthesiologist injects the wrong dose, or makes a mistake, you’re in trouble. You can also be paralysed (in very rare cases, permanently) due to nerve damage. Let me repeat, MOST epidurals are safe, but these are some of the risks you need to be aware of. The evidence of epidural risks is well documented, but it is not readily available.

Don’t you think it is easier for the doctor to be able to “control” their patient if they are lying still and quiet in the bed, paralysed and unable to move around? Ask your doctor what percentage of their patients receive an epidural. Can you go one step further and ask them how much money they make if they give an epidural? Or of it makes their job easier if their patient has an epidural? I think that would be very interesting! If he or she has an alarming rate of epidurals, I would seriously consider changing doctors.

If you are still thinking, “I don’t care what anybody says, there is no way I am going to go through that pain like some freaky natural childbirth nut”, I am here to say that I thought exactly the same way when I was pregnant – at first. But once I did some reading, I thought, wait a second, maybe I could at least try to do it naturally. In my birth plan I wrote that I wanted to try to do it naturally, but if I ask for an epidural, give me one. (Where we live, Midwives can order epidurals.) I also want to say that I do believe that in some cases, epidurals are a really good idea. For example, if you have been laboring a very long time and you need to rest a few hours so that you can gather your energy to push the baby out. I was present at my friend’s birth as her support person, and she was not making any progress after about 10 hours. We tried all sorts of positions and everything, but finally her doctor suggested an epidural and I agreed. She was able to rest, and calm down, and then it wore off and she was able to push out her baby without any problems. It was beautiful. (Note: she did not experience any of the above complications.)

Please educate yourself by reading some of the books I recommend on my website. You will feel much better about yourself knowing that you did your research and made the right decision for you. Finally, please take a GOOD prenatal class (not one offered at a hospital) and read as much as you can so that you are prepared and educated. It’s your body and your baby!

by: Suzanne Doyle-Ingram

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The logic seems to be a no brainer, that is with the continuous increase in the number of employees, the cheaper their services become. A simple construction of the law on supply and demand dictates that when supply for a particular factor in the production process is abundant, then the reaction is that the cost in acquiring said factor would be decreased because of competition. This is what happens when what is talking are the numbers.

Now consider what is not seen, consider the eventual effect of an increase in the number of labor force, and the constant decrease in the value thereof. Would it actually be detrimental to the production process? Or would it foster a more dynamic and accountable production force? The answer, with history standing as a witness is obvious, and that is when labor has been deduced to mere numbers, a working man merely considered as a number in the production process, then that would actually alienate the worker from the duty he is trying to fulfill, and consequently lead to negative effects to the production process.

When an employee is merely an incident in the production process, and when it is viewed merely as a number in the workforce, then such employee usually loses his identity, and works as though he is already a machine. As like that of a machine, he becomes so indulged to that part of the production process that he specializes and more often than not removes himself away from the picture of the complete production process.

This alienation is detrimental to the working force. Primarily because he loses sight of the bigger picture, and he has this impression that what he is doing is already the be all and end all of his worth. With specialization, an individual is removed from the realm of finding a way to prosper himself, and to learn other things in the production process. With this continuous trend in our capitalist production state, then we will soon the day that these employees would perceive themselves as machines, cold and stiff machines.

About The Author

Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

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Employment Law

Are you paying attention to employment law requirements? If you aren’t, you should be. Not only are you required to follow specific regulations concerning employment law, but you are also required to notify your employees of their employment law rights by placing an employment law poster in a conspicuous place in your business where your employees will be likely to see it, such as an employee break room. There are eight basic Federal employment laws that you should be aware of and understand.

The first of these is Title VII of the Civil Rights Act of 1964. This employment law prohibits discrimination on the basis of race, color, religion, national origin and sex. In addition, sex discrimination on the basis of pregnancy and sexual harassment is also prohibited under this employment law.

Next, there is the Civil Rights Act of 1966. This employment law prohibits discrimination based on race or ethnic origin.

The Equal Pay Act of 1963 prohibits employers from paying different wages to men and women that perform essentially the same work under similar working conditions.

Most employers have heard of the Americans with Disabilities Act, but do not understand how this employment law can impact them. This law prohibits discrimination against persons with disabilities.

The Immigration Reform and Control Act of 1986 prohibits discrimination on the basis of national origin or citizenship of persons who are authorized to work in the United States.

The Age Discrimination in Employment Act, also known as ADEA, prohibits discrimination against individuals who are age 40 or above.

The Equal Employment Opportunity Act prohibits discrimination against minorities based on poor credit ratings.

The Bankruptcy Act prohibits discrimination against anyone who has declared bankruptcy.

In addition to these employment laws, you are also subject to the following employment laws.

The Occupational Safety and Health Act provides specific regulations regarding the safety and health conditions of employers and employees in all 50 states as well as the District of Columbia, Puerto Rico and other U.S. territories

FMLA, the Family Medical Leave Act, allows employees to take unpaid leave from their jobs under specific conditions.

Under the Employee Polygraph Protection Act Labor Law, private employers are not allowed to use lie detector tests for either pre-employment screenings or during the course of employment.

FLSA, the Fair Labor Standards Act, provides for minimum wage and overtime pay standards as well as recordkeeping and child labor standards in private as well as public employment.

Beyond the major Federal employment laws, you will also need to make sure that you are in compliance with state employment law as well. Each state may provide for employment laws in addition to the federal employment laws mentioned above. For example, California employment law covers several areas such as unemployment labor law insurance, temporary services or leasing labor law and state disability labor law.

Copyright 2006 The Powerful Promoter

by: Matt Bacak

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California Setting

Each state or jurisdictions have varying minimum wage laws enforced within their area of coverage. They greatly vary in reference to the set amount of money, in its terms of pay period, exemptions as well as in its scope and coverage.

In California, it had constituted its own version of minimum wage laws enforced for the common benefit among all workforces in the area. The said law has its own guidelines, definition, exemptions, scope and coverage. Labor Code Sections 1191 and 1191.5 is the main law that covers this respect. This current law requires a higher minimum wage rate than that of the federal law.

Employers in California have dual coverage, which means, they are subject to both the federal and state minimum wage laws. In case of conflict in the application of the two sets of laws, a stricter standard is followed, that is, the most beneficial to the employee.

The California minimum wage law exemption

There are employees who are exempt from the California minimum wage law, which covers outside salespersons, individuals who are the parent, spouse, or child of the employer, and apprentices regularly indentured under the State Division of Apprenticeship Standards.

Along with it, there is also an exemption for learners (regardless of age), who may be paid not less than 85% of the minimum wage rounded to the nearest nickel during their first 160 hours of employment in certain occupations in which they have no previous similar or related experience.

There are also exceptions for employees who are mentally or physically disabled, or both. Further, nonprofit organizations such as rehabilitation facilities that employ disabled workers are also exempt from the coverage of the minimum wage laws. In lieu of the minimum wage coverage, the latter individuals and organizations may be issued a special license by the Division of Labor Standards Enforcement authorizing employment at a wage less than the legal minimum wage.

Prevailing minimum wage rate

Under the most recent wage order, effective January 1, 2008, the minimum wage prevailing within California is $8.00 per hour.

Minimum wage withholding

Minimum wage is considered as an oblig1000ation of the employer, in that it cannot be subject to a waiver or agreement.

Whenever a covered employer withholds, or refuse to grant the issued minimum wage, the employee concerned can file a wage claim with the Labor Commissioner’s office- Division of Labor Standards Enforcement (DLSE) or file a constitutive lawsuit against the employer to recover any lost wages.

Wage claim or lawsuits

As stated, an employee who has been denied the minimum wage can file a claim against its employer. The wage claim covers unpaid wages, including commissions and bonuses, unauthorized deductions from paychecks, unused vacation hours not paid upon employment termination, violations with the applicable Industrial Welfare Commission Order such as the failure to provide a meal and/or rest period.

When an employee opts to file a claim with the local office of the DLSE, a good way to start is to employ a Minimum Wage Claim Attorney. They offer valued assistance in your claim pursuit all for ending with a successful wage claims.

Aside from having all the needed legal knowledge in these respects, the Attorney will identify all possible option in your claims, and will determine, based upon the circumstances of the claim and information presented, how best to proceed.

By: Claysphere Rivera

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