Articles Posted in Uncategorized

There are many aspects of the COVID-19 pandemic’s impact that are unprecedented in modern history. One thing that isn’t so new is the tendency for people to seek a scapegoat. During the Black Plague of the 1300s, many blamed Jews. When cholera broke out in the U.S. during the 1800s, ire turned to immigrants of Irish descent. When an epidemic of polio was spreading across the U.S., many pointed the finger at Italian immigrants. With the novel coronavirus, the scapegoat has become people of Asian descent.Los Angeles racial discrimination lawyer

COVID-19 is believed to have originated in China, and unfortunately this has resulted in discrimination and even aggression against those with physical attributes typically attributed to people from Asia.

Los Angeles racial discrimination attorneys know there are already reports of bullying and harassment against Asian and Asian American workers. We’re are anticipating more will be reported in the weeks and months ahead. Apparently so does the Equal Employment Opportunity Commission (EEOC), which recently indicated it would be specifically tracking COVID-19-related claims. This will help create more than just anecdotal evidence of the trend. Continue Reading ›

As employers throughout California are tackling unprecedented challenges brought about by the novel coronavirus (COVID-19) pandemic, it’s inevitable that mistakes will be made. However, employers would do well not to exacerbate their financial woes by erring when it comes to employee pay, sick leave and wrongful termination. California employment lawyer

Outlined here are the top legal missteps our Orange County employment lawyers see companies making in the coming weeks and months. Continue Reading ›

When an award-winning news producer was fired from his job at CNN, the company claimed it was due to plagiarism. The former employee filed a lawsuit saying that reason was pretextual and he was a victim of racial discrimination and retaliation. CNN fired back that the case should be dropped because to decide otherwise would be a violation of the company’s First Amendment rights under anti-SLAPP laws. That motion was initially granted. The case was appealed up to the California Supreme Court, which ruled last year the claim might be subject to dismissal under the state’s anti-SLAPP law – specifically the company’s right to exercise editorial control over its news content. However, the case was remanded to determine if plaintiff’s underlying claim had merit enough to proceed in spite of that concern. racial discrimination lawyer

Now, a California appellate court has ruled in Wilson v. CNN that plaintiff’s claim has the minimal amount of merit to proceed. The case now proceeds to trial.

As our Los Angeles racial discrimination attorneys can explain, anti-SLAPP laws are intended to dismiss early on lawsuits without merit when they are filed against persons or organizations for the exercise of First Amendment rights (freedom of speech, the press, religion, peaceable assembly and to petition the government for redress of grievances). SLAPP stands for Strategic Lawsuit Against Public Participation. Anti-SLAPP laws were passed in response to a trend of lawsuits filed in retaliation to intimidate or silence critics and opponents who speak out publicly. In a lot of those cases, the underlying legal theories (tortious interference, defamation, etc.) were actually secondary to the true intent, which was to silence public opposition. Continue Reading ›

2019 has been a banner year for worker rights in California. One important development that might have gotten lost in the shuffle amid all the rest was the passage of AB738 in September. Effective Jan. 1, 2020, home daycare providers will have the right to form, join and participate in unions. Our Los Angeles employment attorneys know this is a right home-based child care providers have been pursuing for almost two decades. In the lead up to Governor Newsom’s signing the bill, there had been five gubernatorial vetoes of similar bills. Los Angeles employment lawyers

As KCRW.com reports, most of the workers in the industry are women of color who own and operate their own businesses. Yet some lawmakers in the past had taken to routinely calling them “babysitters.” These workers comprise roughly half of the state’s 200,000 early childhood education workers

One of the main reasons they wanted to unionize was to gather bargaining power to finally address subsidized payments – both the amount and method. Reimbursement for individual childcare workers is low to start. When the government steps in to subsidize daycare payments for low-income families, it’s below market rate. On top of that, the way these workers are paid is complex and ultimately problematic because it often results in some workers not being paid for months at a time. Earning enough to survive – let alone run a business, pay taxes, etc. – can be very difficult.

The Economic Policy Institute reports that most of the more than 27,000 licensed family child care providers in California barely earn minimum wage. Unions will allow these workers to better negotiate compensation with the government, as well as other entities like health insurance companies, liability insurance companies, etc. Continue Reading ›

The Los Angeles technology company perhaps best known for its launch of video game League of Legends, has agreed to settle the California class action gender discrimination lawsuit for $10 million. The settlement, which is still pending court approval, will apply to roughly 1,000 women who worked at Riot Games between November 2014 and the date the settlement is finalized. Each employee’s exact cut will depend on how long they worked for the company and whether they were an employee or independent contractor. Los Angeles gender discrimination lawyers

Our Los Angeles gender discrimination lawyers understand the workers sued Riot Games, the $1.6 billion company owned by Chinese firm Tencent, alleged violations of the California Equal Pay Act as well as pervasive sexual harassment and gender discrimination.

The lawsuit was filed after a series of in-depth investigations, starting with a piece from gaming website Kotaku. Continue Reading ›

A group of California freelance journalists are suing the state over an independent contractor law that goes into effect Jan. 1, 2020, alleging it threatens free speech as well as their livelihood by requiring anyone who submits more than 35 pieces of content annually for a company to be considered an employee. In response, some companies like VOX Media have laid off workers en masse – or blacklisting California writers to hire those in other states. California employee misclassification lawyer

Plaintiffs in American Society of Journalists and Authros v. Becerra assert that AB5 was drafted with the mindset that most writers and reporters are working in the traditional newspaper print model. The reality today is most journalists and producers of content are working in the digital realm, which operates quite differently.

Assemblywoman Lorena Gonzalez (D-San Diego), the driving force behind AB5, said that while she sympathizes with legitimate freelancers who may have lost substantial income as a result of this measure, she likened media corporations that exploit workers to vultures. In other words, these weren’t good jobs anyway.

In fact, as our Los Angeles wage and hour lawyers know, some of these companies were already facing litigation for alleged employee misclassification. In one case, a writer who worked as a “site manager” for Deadspin wrote five articles weekly, managed other writers, policed the comment section and took directives from the media company’s management. For all this, she was compensated $125 monthly, which breaks down to about $6-an-hour – well below the minimum wage. But as an “independent contractor,” she wasn’t entitled to minimum wage. The reality is this kind of arrangement was probably illegal under existing employment law. AB5 makes it easier to hold these businesses accountable, and it’s not even the first of its kind in the country. Continue Reading ›

Female janitorial workers – particularly those working the night shift – have long been fighting for safer workplaces. Specifically, they have sought protection from the scourge of sexual assault. sexual harassment

In 2016, a janitors’ union representing some 25,000 workers in California expressed shock when a survey of 5,000 janitorial workers revealed the majority of its membership were either:

  • Victims of workplace sexual harassment and/or sexual assault (50 percent);
  • Witnesses of workplace sexual harassment (25 percent).

Continue Reading ›

The Department of Justice under President Donald Trump is asking the U.S. Supreme Court to establish formal precedent that would allow employers to terminate workers because of their transgender status. Orange County employment LGBT employer discrimination attorneys know this is a sharp deviation from the Obama administration’s stance, as well as that of the U.S. Equal Opportunity Employment Commission and California law. transgender worker discrimination

In a brief submitted to the SCOTUS, attorneys for the administration requested a ruling holding that Title VII protections, which bar workplace discrimination on the basis of race, color, national origin, religion and sex, doesn’t extend to a person’s transgender status.

The case that gave rise to this issue involves a funeral home that fired a worker who was transgender on that basis. A lower court ruled that the funeral home committed wrongful termination on the basis of unlawful discrimination. That ruling was upheld by the U.S. Court of Appeals for the Sixth Circuit last year. The Trump administration is asking for that ruling to be overturned. Continue Reading ›

Roughly 85 percent of working women will become mothers at some point during their careers. There are numerous legal protections in place to ensure they aren’t discriminated for this, including California’s rule against pregnancy-based harassment as well as the Pregnancy Discrimination Act of 1978, a federal law. And yet, pregnancy is often treated some sort of deviation from the ideal norm.pregnancy discrimination

Almost all pregnant workers will need some time away from work to attend prenatal appointments. Others will need more time off due to the need for emergency medical care. Unfortunately, too many employers all too often respond to these needs with a penalty – which is illegal. Women go to the hospital for a few days, only to learn when they return home that they’ve lost their jobs, their health insurance and sometimes, ultimately, their homes – told their pregnancy-related hospital stays amounted to “unauthorized absences” or “no-call-no-shows.”

Some of these absences are covered under the federal Family and Medical Leave Act (which allows unpaid time off for medical emergencies) but this is only applicable to companies with 50 or more workers – and employees need to have held that job for at least one year. That means 44 percent of all U.S. workers won’t have that protection. Continue Reading ›

Employment attorneys in Los Angeles have noted an uptick in employment complaints stemming from religious discrimination. Turns out, this coincides with a notable uptick in government restrictions and social hostilities against religious persons between 2007 and 2017.religious discrimination

Policies, laws and actions by state authorities that restrict religious practices and beliefs, according to the Pew Research Center, are up around the world as well as in the U.S. Hostilities – which include violence and harassment – is also on the incline.

The most recent data we have suggests that over the last decade, more than 50 governments – including those in Russia, China and Indonesia – have been imposing either a level of restriction on religious activity considered either “high” or “very high.” Nations where individuals report feeling a “high level of social hostility” due to their religion rose from 39 up to 56 in the course of those 10 years.

Pew tracked the not only restrictions of religious freedoms (limits on certain activities or outright harassment) but also government favoritism of some religious groups or belief systems to the exclusion of others. The latter could mean providing funding, property or other benefits. The average global score for both is up by 20 percent. Continue Reading ›

Contact Information