Wage theft is a problem among all income tiers, but it’s especially pronounced in the low-earning brackets – particularly immigrant workers, many in industries deemed essential at the height of the pandemic. Now, elected officials in Southern California are working on a number of proposals that would aim to curb these workplace abuses. Los Angeles wage theft lawyer

Among the changes, subcontractors of San Diego County would be required to publicly disclose certain employment information, including whether they are providing workers’ compensation insurance as required to their employees.

The measures come in response to numerous complaints of employee exploitation that include workers alleging they have not been paid for all the hours they worked and being denied the opportunity to stay home on days when they were injured or sick. Workers have been reticent to report such violations, fearing it may get them fired or possibly even deported. Continue Reading ›

Almost 50 years after the first federal law protecting against LGBTQ discrimination, lawmakers are again faced with a vote that could provide additional protections for the community. Last year, the U.S. Supreme Court upheld several protections for LGBTQ people, but as our Los Angeles LGBTQ employment attorneys recognize, federal laws are needed to protect those in a growing number of states passing statutes that restrict LGBTQ rights. As it stands, the current, more conservative, Supreme Court has indicated its desire to bolster protections for religious freedom over LGBTQ worker rights.  LGBT worker rights lawyer

Currently up for consideration is the Equality Act, a wide-sweeping legislation that would bar discrimination on the basis of sex, sexual orientation and gender identity. It has already passed the House of Representatives and if it clears the Senate, will make its way to the desk of President Joe Biden.

The measure is important because, unlike here in California, LGTBQ workers in many other states do not have federal protections against discrimination in employment, housing and public spaces (although an overwhelming percentage of Americans mistakenly believe they do).

But the question is whether the Equality Act has any chance of becoming law. Continue Reading ›

A California gender discrimination lawsuit has been filed against the state corrections department, with a female maintenance worker alleging her previous employer repeatedly harassed and targeted her because of her gender. Plaintiff says her former manager not only discriminated against her, but jeopardized workers’ safety and wasted money in the process. Los Angeles gender discrimination lawyer

According to The Sacramento Bee, plaintiff was passed over for a promotion and endured emotional and psychological stress due to the manager’s treatment. She’s seeking damages for lost wages, benefits and emotional distress. Ultimately, she is hoping the litigation will draw attention to how women are treated in male-dominated professions, prisons in particular.

According to the Federal Bureau of Prisons, approximately 28 percent of the staff are female. For decades, women only worked in facilities housing female prisoners. But despite their ranks growing significantly in all sectors since the 1970s, female employees at all prisons have routinely suffered abuse and harassment from inmates and guards. It doesn’t help that for years, there has been public criticism of these workers, alleging the work is simply too dangerous for women and urging them to simply leave. Continue Reading ›

An online complaint of sexual harassment endured by workers at art gallery fundraisers that has garnered a groundswell of support, the San Diego Union-Tribune recently reported. Submitted to Change.org as a signature drive, a former attendant at the San Diego Museum of Art alleged the organization routinely hosts booze-fueled fundraisers wherein guests feel free to grope female workers. Rather than protecting their employees, the complaint alleges, officials at the museum blamed staff and refused to consider adoption of policies that would stop them from being subjected to sexual harassment and abuse on-the-job. It seemed the concerns of women of color in particular were outright dismissed. Los Angeles sexual harassment lawyer

The complainant reported that they should not have to feel unsafe coming to work as, “We are not nightclub workers.”

Of course, it’s the position of our Los Angeles sexual harassment attorneys that no worker should feel unsafe coming to work for fear of sexual harassment – whether that workplace is in a nightclub, restaurant, office, airplane, tomato field or art museum. Continue Reading ›

When it comes to employment discrimination, there is rarely a single incident by one person that can be pointed to as proof positive evidence of wrongdoing. More often than not, discriminatory actions are the result of a workplace culture where microaggressions, snarky comments or bigoted attitudes are excused – if not encouraged – time and again. This is also why there so often is more than one victim, even if they are affected in different ways. workplace racial discrimination

Recently, the former “head coach” of a Nike store in Santa Monica accused of racially profiling Black shoppers is now also accused of harassing and discriminating against the store’s Black employees. That’s according to a Los Angeles employment discrimination lawsuit filed last month.

According to the filing, as published by Bloomberg Law, two former employees at the Southern California store say that Nike and its former store manager are legally liable for racial discrimination, harassment, retaliation and more. They say the manager created a work environment that was not only pervasively hostile, but abusive. Many employees of color felt they had no choice but to resign. Most of those employees who quit were soon after replaced with White female workers. Continue Reading ›

California taxpayers are on the hook for more than $2 million after supervisors at the state’s Employment Development Department failed to reasonably accommodate a worker with disabilities and then allegedly retaliated against her. Los Angeles employment disability attorney

As our Los Angeles employment disability discrimination lawyers can explain, reasonable accommodations for disabled workers are required under the California Fair Employment and Housing Act. Employers with more than five workers must provide these accommodations for people to apply for and perform the essential functions of a job, unless doing so would cause the company undue hardship. A reasonable accommodation could be alternative duties, medical leave, altering work schedules, moving one’s work area or providing electrical or mechanical aids – or a special office chair.

It’s illegal in California for an employer to forego engaging in a good faith, timely and interactive process when it comes to reasonable accommodations. The whole point of the law, of course, is to remove the kinds of barriers that would prevent someone from performing a job they could otherwise do with some accommodations. Continue Reading ›

A Riverside wage and hour lawsuit alleges an employer failed to properly calculate overtime or compensate him for time spent each shift undergoing mandatory temperature screenings. Riverside wage theft attorney

In the case of Solis v. The Merchant of Tennis, plaintiff further alleges non-exempt employees weren’t given the opportunity to take duty-free rest breaks, which is required pursuant to Wage Order No. 7 of the California Labor Code. Lastly, plaintiff asserts the company failed to fully and promptly compensate him all due wages when his employment was terminated.

These violations, plaintiff alleges, also amounted to violations under the California Unfair Competition statute. Plaintiff is seeking class action or collective status.

As our Riverside employment attorneys can verify, wage and hour disputes aren’t uncommon. Labor law violations in California in fact occur with some regularity. The question is what we can prove and how many violators are held accountable. Continue Reading ›

The State of California can begin enforcing a labor law geared to combat employee misclassification that trucking companies say will force them to eliminate the use of independent owner-operators. The 9th Circuit Court of Appeals ruled that a judge in San Diego was wrong to hand down an injunction barring the state’s labor commissioner from enforcing the 2019 Assembly Bill 5.Los Angeles employee misclassification lawyer

The statute codified the 2018 ruling in Dynamex Operations W. v. Superior Ct. by the California Supreme Court, formalizing the so-called “ABC Test” of ascertaining when a person is an employee or an independent contractor.

As our Los Angeles employment attorneys can explain, employee misclassification has long been a serious problem in California, with companies intentionally classifying workers wrongly as independent contractors rather than employees to avoid responsibility for things like minimum wage, required breaks, workers’ compensation insurance coverage and more. Continue Reading ›

In the State of California, it is illegal for employers to discriminate against employees or applicants who are of a protected class. Common forms of workplace discrimination include those on the basis of race, religion, age, pregnancy, gender and medical conditions/disability. Employees or applicants who have been discriminated against in any aspect of employment can pursue a lawsuit against their employer for damages. workplace discrimination lawyer Los Angeles

As Los Angeles workplace discrimination lawyers, we don’t expect potential clients to be familiar with the process. In all likelihood, this is the first time you’ve ever even considered taking such action. Our dedicated, compassionate legal team is here to answer your questions and guide you through the process.

Here, we’re offering some general insight into how it works. Continue Reading ›

It may be long after the worst waves of the COVID-19 pandemic that some California workers will be left wondering whether their “long-haul” symptoms entitle them to any employment law protections. Our Los Angeles disability discrimination attorneys believe we’re going to see this as the basis for a growing number of California wrongful termination claims in the coming months. disability discrimination lawyer

Case-in-point: Last month, a Central California hospital lab employee who is a long-haul COVID-19 sufferer sued her former employer for disability discrimination, retaliation violating medical leave laws and wrongful termination. According to the Fresno Bee, the worker first became sick with coronavirus in April of last year. Her doctor placed her on six weeks medical leave. She came back to work in June, but her symptoms persisted. Combined with her pre-existing conditions (diabetes, cardio-pulmonary disease and traumatic brain injury), she was unable to work for intermittent periods. Her doctor recommended periodic medical leave. However, she said when she asked her boss for the paperwork to file the request, she was reportedly told that “she better not.”

Over months, plaintiff was absent several times due to lingering viral effects. She claims though her absence was due to her medical condition, her employer disciplined and ultimately fired her for violation of the health center’s employee attendance policy.

If her allegations prove true (a spokesperson for the employer would not comment on pending litigation), it’s possible she’ll prevail. California statute grants employees up to three months (12 weeks) of leave in one year for serious medical ailments. Furthermore, it’s unlawful for employers to retaliate against workers for asking for or taking that leave.

As longtime L.A. wrongful termination lawyers, we’re concerned about a potential increase in cases like these. We’d caution employers against disciplining or especially firing workers as a first resort for simply exceeding medical leave – whether it’s for long-haul coronavirus symptoms or some other condition. It may be much more productive for all involved to simply have a conversation about how much more time off is needed.

In the Fresno case, the plaintiff is seeking not only her job back, but also lost wages, special damages and punitive damages.

Continue Reading ›

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