Articles Posted in employment attorney

We hear a lot about jobs and job numbers on the news these days, as it has become a major political talking point.  Whether or not jobs will come back to Americans is up for debate, and both sides of the aisle have a lot to say about the topic.

employment attorney LAHowever, what we do know is that there are a lot of factories shuttered and a lot of jobs being lost, and for the laid-off workers, this is often devastating. According to a recent news article from 89.3 KPCC, California is providing $3 million to help the 600 workers who were laid-off by American Apparel. Continue reading

According to a recent news article from CNN, the City of Los Angeles has issued a demand for $1.45 million from fast food chain Carl’s Jr.  This money is to pay fines and make restitution for employees that were underpaid. The city found that the company did not pay employees minimum wage pursuant to local law for over a six-month period.

Wage hour disputeAt the time of these findings, the minimum wage in the City of Los Angeles was $10.50.  Pursuant to legislation already passed, the minimum wage for hourly workers has already gone up to $12 per hour for employers who employ more than 26 people.  By the year 2020, there will be a city minimum wage of $15 dollars per hour. Continue reading

According to a recent news article from the San Francisco Gate, new regulations are now in effect that provide specific protections to transgender and gender-nonconforming employees in California. This comes at a time when transgender workers are receiving more support from some and facing more hostility from others than ever before.

LGBT DiscriminationOne issue that employers are worried about is that even if they want to do the right thing and follow the law, they are not sure exactly what they are required to do.  They also say they do not have the resources to fully follow the law and learn what to do.  While these claims seem somewhat hard to take seriously, there is clearly a need for more training. Continue reading

As discussed in a recent news article from the National Law Review, California’s newly passed Ban-the-Box regulation has now taken effect. This means that our state has joined a growing list of states that are what is being called the Ban-the-Box bandwagon.

LA employment lawyerWhen we use the term “box” we are talking about asking prospective employees if they have any criminal convictions.  While on some applications there is actually a box to check if the applicant has a criminal history, the new law applies to any form of the question. Continue reading

In most states, at certain jobs, your employer will ask you to sign what is known as a non-compete clause.  This means that if you leave the job for nearly any reason, you will not be able to work in the same industry.  There is normally a geographical limit on where you may not compete, though in some industries, a geographical limit would not make any sense.  You are generally not required to sign a non-compete agreement, but the employer has a right to not hire you if you refuse to do so.

executive employment lawWhile this is true nationally, there is a ban on non-compete clauses in the state of California.  In other words, even if you are asked to sign one, it will not be enforced in a California court.  However, despite the ban on non-compete clauses in our state, many employers will still require employees to sign them. They will also try to word them in terms that they believe will be enforceable in a court of law. Continue reading

When a police officer resigns from the force shortly after completing training, can he or she be required to reimburse the city for the costs of attending the police academy? The answer is no – an answer the City of Los Angeles learned the hard way. (See In re Acknowledgement Cases, 239 Cal. App. 4d 1498, decided August 12, 2015.)employment lawyer

In the early 1990s the City experienced a high attrition rate amongst officers of the Los Angeles Police Department. In an attempt to mitigate the costs of turnover, the City enacted an administrative code provision that required officers to pay a prorated portion of the cost of their required training at the Los Angeles Police Academy if they voluntarily left the force within sixty months of graduation, and were hired by another law enforcement agency within one year of leaving. New officer recruits were required to sign an acknowledgment of this policy.

The City brought suit against a series of officers for reimbursement of academy training expenses under this provision. With many pending cases on the same issue, the City agreed that the rulings on the enforceability of the acknowledgment for one case would apply to all pending acknowledgment cases. The trial court ruled in the City’s favor, finding the acknowledgements to be enforceable against the officers. The officers appealed.

The Fourth Appellate District examined the administrative reimbursement provision under the California Labor Code, which provides that employers must indemnify employees against the necessary expenditures or losses incurred in the discharge of the employee’s duties. (Cal. Labor Code § 2802(a)). While no cases had directly resolved the issue of whether training was such a necessary expenditure, the appellate court nonetheless determined that it could be. Training required under state law (such as Peace Officer Standards and Training) was not mandated by the employer, and therefore the court found that it was not an expense of employment. The Los Angeles Police Academy, however, had training which exceeded the state requirements of POST. That portion of training was found to be an expense of employment for which the City could not seek reimbursement from recruits.   Continue reading

According to recent news article from The Orange County Register, California’s Inland Empire is one of the top areas in the nation for construction jobs.  This claim is based on data from a leading general contractors’ association and includes the number of jobs as of this past April.

Riverside wage and hour disputesRiverside was actually the top overall location in terms of construction jobs available.  There were 14,600 construction jobs added in the past year in Riverside and San Bernardino.  This accounts for around 16 percent of all construction jobs in the county.  This means that if you are living somewhere else and looking for a construction job, you might want to consider getting to Riverside as soon as possible. Continue reading

Anyone who has worked at any job has likely seen someone get injured on the job. Whether we are talking about an employee falling and injuring an ankle, or a factory worker who is in a fatal accident, accidents happen all the time.  Not only do accidents happen to employees themselves, but employees also cause accidents.

employment Lawsuits LAOne question that often arises is when an employee is injured at an off-site location the employer does not want to compensate them because of what is known as an employee classification issue.  If a worker is an independent contractor, as opposed to a statutory employee, they will not be entitled to workers’ compensation, overtime pay, benefits, and other protections afforded to employees. Continue reading

According to a recent news article from the Los Angeles Times, an employee who was fired from a prominent aerospace company filed a lawsuit against his employer claiming that his employer wrongfully terminated him.  Unfortunately for this employee, a California jury did not agree with his claims, and a verdict was returned in favor of his former employer.

wrongful termination While California is an employment at will state, meaning that an employer can fire an employee for any reason and at any time without a showing of good cause, there are certain exceptions to this rule.  One exception would be where the employee (possibly through a union collective bargaining agreement) has a contract that requires a showing of good cause to terminate the employee. Continue reading

According to a recent news report from the Los Angeles Times, 20 employees were terminated as part of the harassment investigation involving a ride sharing company.  The company has been facing a lot of bad press lately.  The chief executive resigned following what was interpreted as a sexist joke at a board meeting, and there have been various hostile work environment accusations that have led the company to undertake two separate harassment investigations.

employment discrimination LAFormer Attorney General Eric Holder, who is now a partner at a law firm that the company hired for this reason, was directing one of these investigations.  The other investigation has a much narrower focus and is being led by another large law firm. Continue reading