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According to a recent news article from the Los Angeles Times, the U.S. Occupational Safety and Health Administration (OSHA) has just ordered a large nationally chartered bank to rehire a whistleblower and also to pay this aggrieved employee around $5.4 million in back pay, attorneys fees, and damages.

executiveBank manager was working at an office in Los Angeles when he discovered what he believed to be potential fraud and disclosed that potential fraud to his employer.  He told his direct supervisors and also called an ethics hotline run by the company.  The company claims the employer did not call the hotline and leave a message, but it should be noted that the company admitted during the litigation various known problems with the ethics hotline system. Continue Reading ›

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We are probably aware of how pet owners can get a microchip implanted in their dogs or cats that can be scanned to determine ownership information in case the animal is lost and not wearing a collar with identification tags.  Some of us can recall older science fiction movies, such as “Demolition Man,” where everyone had a chip implanted in his or her hand that would be used to track the person and as a method of payments.

chipIt seems the future is here, according to a recent news article form the Los Angeles Times.  This is fitting, because most of those futuristic movies of the 80s and 90s take place in a year that has already passed.  According to this recent article, one employer is giving employees the option of having a microchip implanted in the space between the thumb and index finger. Continue Reading ›

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In recent months, there has been a lot of worrying among the LGBTQ community about whether they would lose significant rights in the workplace as present Donald J. Trump works to undue the protections given to LGBTQ workers under the previous administration.  Even though Mr. Trump had vowed to leave those protections in place while he was on the campaign trail, he appears to be rolling them back via executive order.

LGBT Discrimination However, according to a recent news article from the New York Times, gay rights advocates have just scored a major victory as the federal appeals court in Chicago ruled that the Civil Rights Act of 1964 does extend its protections to the gay community.  This means that they cannot be harassed based upon sexual orientation, and if they are, it will be considered a violation of federal law. Continue Reading ›

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According to a recent news article from the Los Angeles Times, two African American employees at Fox News have filed a discrimination lawsuit against the company as well as a recently fired financial controller at the company who was fired at the end of February 2017.

womanIn the complaint, plaintiffs alleged that their supervisor routinely made racist or otherwise inappropriate comments to all of the black employees under her control. The lawsuit also mentioned the sexual harassment allegations against former company chief Roger Ailes, as well as other recent allegations of creating a hostile workplace. Continue Reading ›

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In an ideal world, every labor law and employee contract would be written in such a way that is clear and unambiguous to all parties involved in the employment relationship, especially the employee.  It would be fair to the employer as well, and there would not be any issues.  We obviously do not live in that ideal world, as many employers take advantage of their employees and try to use contract clause ambiguity and statutory ambiguity to get away with what they are doing.

gavelAccording a recent article from the American Bar Association (ABA) Journal, heavy litigation in a case involving overtime pay for dairy delivery drivers is being decided based upon the placement of a comma in an ambiguous state law.   This case was filed in the U.S. Court of Appeals for the First Circuit. Continue Reading ›

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A yoga company has agreed to settle claims of unfair wages and failure to meet minimum wage obligations for $1.65 million, according to Bloomberg, which detailed the proposed settlement.yoga

The case, before the California Northern District Court in San Francisco, stemmed from allegations by students that they were paid to clean the studios in exchange for free or discounted memberships.

The situation sheds light on how “bartering” can be inherently unfair to one side, and also legally pretty tricky. There is no provision of state or federal law that allows companies to draw up minimum wage obligations with in-kind payments, like the ones extended by this studio. Employees must be paid at least the minimum wage.  Continue Reading ›

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Frustrated with stagnant negotiations with city leaders, the teachers’ union in Boston is accusing the city of gender discrimination and bias. teacher

The union is comprised mostly of women, and talks regarding a new contract between the union and the city have been stalled for a good year now. The president of the union noted that more than three-fourths of the city’s teachers are women, and the city has repeatedly treated them poorly and with disrespect. He asserted that there was “little doubt” that if the union were male-dominated rather than female-dominated that a contract would have been settled long ago.

According to The Boston Globe, city spokespersons declined to respond to allegations of gender discrimination, except to say that conversations between the two sides are still underway and that the city “hopes” for a faster resolution that will ultimately help to best serve the students in the district. Continue Reading ›

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Plaintiff in a newly-filed federal lawsuit alleges the nursing home for which she worked failed to protect her from sexual assault by a manager with a known history of sexual harassment. nurses

The Denver Post reports her former employer in Colorado hired her  boss/ attacker in 2014, after he had just been fired from his last job at a Minnesota hospital amid allegations of sexual harassment. Despite knowing this history, plaintiff said when she reported the two instances of sexual assault, administrators responded by falsely accusing her of stealing narcotic medications and terminating her.

She is now seeking compensation for lost wages, punitive and compensatory damages and attorney’s fees. Defendant in the case is a company that owns more than two dozen nursing homes in three states. Although the company purports to value cultivating and maintaining a safe space for residents and staffers, that was not what plaintiff experienced.  Continue Reading ›

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A former engineer for the ride-sharing technology service Uber wrote a scathing blog detailing numerous allegations of sexual harassment, sexism and gender discrimination at the California-based firm. woman working

Now, the company is launching an “urgent investigation” into her claims, which included allegations that her complaints to management were repeatedly dismissed. She further asserted that a repeat offending sexual harasser was protected by higher-ups with the organization and she was threatened with termination for having the gall to raise concerns in the first place. The allegations come amid longstanding complaints that women are vastly underrepresented in Silicon Valley tech jobs.

The CEO of the company now says the company will conduct an internal investigation in response to the blog post, written by an employee who was a former software programmer. She was repeatedly propositioned by her manager, she alleges, and the reports she made to the company’s human resources division were ignored.  Continue Reading ›

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It’s been 50 years since federal lawmakers passed a law intended to protect workers from discrimination in employment on the basis of old age. oldwoman

But it would seem we still have a long way to go on this front.

A new study – one of the biggest ever on age discrimination – has revealed that in terms of hiring, the problem persists to this day and that it’s on the whole far worse for women than men.  Continue Reading ›

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