Wellness tracking programs are increasingly under scrutiny by employee rights advocates, health care professionals and other policy makers. In yet another case that challenges the legality of the employee wellness program, the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Honeywell International to stop the company from…
Orange County Employment Lawyers Blog
Weight Discrimination in the Workplace—Should There Be Legal Protection?
Protected classes under California state and federal law are always evolving. Minorities, women, those with disabilities and members of the gay and lesbian workforce were not always given legal authority in the face of discrimination. A new class has emerged raising a new question—should the obese be established as a…
Indian Tech Workers Exploited by Brokers: Wage Theft and Abuse
A recent report has exposed the myriad abuses committed against Indian high-tech workers employed by American companies. According to The Guardian, brokers have “hijacked” the professional visa program, creating a system of “bondage” resulting in wage theft and other abuses against Indian workers. Many workers who have quit or tried…
Ex House Staffer Accuses GOP Candidate of Sexual Harassment
Sexual harassment scandals in politics are some of the most notoriously covered by the media. In a recent case, California House candidate Carl DeMaio has been accused of sexual harassment by a former staffer. Making matters worse, the former policy director claims the politician attempted bribery and made repeated advances…
Craig v. FedEx Ground Package Sys., Inc: On Employee Misclassification Cases
Employers have a long history of trying to classify employees as independent contractors rather than employees. The reason for this is that the company is not required to pay Social Security for independent contractors it hires, the company does not have to provide the workers with benefits, and the company…
Tramp v. Associated Underwriters, Inc.: On Age Discrimination Employment Termination
Tramp v. Associated Underwriters, Inc., an appeal heard in the United States Court of Appeals for the Eight Circuit, involved claims of wrongful termination due to age discrimination. Employer hired worker in 2000. Seven years later, employer was operating at a loss. Due to economic issues, employer underwent a reduction-in-force…
Acevedo-Perez v. United States: On the Statute of Limitations in Employment Discrimination Cases
Acevedo-Perez v. United States, a case from the United States Court of Appeals for the First Circuit, involves an employee who was terminated from his employment with federal government. Employee alleged that his termination was wrongful and based upon discrimination as to his age and national origin. Employee was assigned…
Raspardo v. Carlone: On Employment Discrimination Claims Involving a Hostile Work Environment
Lawsuits involving allegations that an employer created a hostile work environment can involve complex litigation. In Raspardo v. Carlone, a case from the United States Court of Appeals for the Second Circuit, several employees sued the city, the police department, and five police supervisors. The claims were filed under Title…
Bluestein v. Cent. WI Anesthesiology, S.C: Employment Discrimination
Bluestein v. Cent. WI Anesthesiology, S.C, an appeal from the United States Court of Appeals for the Seventh Circuit, involved an anesthesiologist who sued her employer for wrongful termination under Title VII of the Civil Rights act of 1964, the Rehabilitation act of 1973, and the Americans with Disabilities Act…
Dynamex v. Superior Court of Los Angeles County
Dynamex v. Superior Court of Los Angeles County is yet another example of a package delivery service trying to classify its drivers as independent contractors instead of employees to avoid paying overtime and benefits. This case was heard before Court of Appeal for the State of California Second Appellate Division.…