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Sexual harassment plaintiffs will get a new trial after the New Jersey Supreme Court ruled the trial court erroneously omitted testimony from a co-worker who testified during deposition that a supervisor instructed her to speak negatively about plaintiffs and in favor of the accused harasser. professional

In Griffin v. City of East Orange, the New Jersey Supreme Court determined the testimony of the co-worker, which was not allowed at trial because it was reportedly irrelevant, was in fact directly pertinent to plaintiffs’ claims for compensatory and punitive damages arising from a hostile work environment. Further, these statements, which involved hearsay, overcame hearsay exceptions because it constituted statements by a party’s agent or servant offered against the party (an exception via N.J.R.E. 803(b)(4) ).

The three accusers had alleged a supervisor created a hostile work environment through sexual harassment, quid pro quo sexual harassment and retaliation. She is seeking both compensatory and punitive damages.  Continue Reading ›

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Anyone who has worked in the service industry for any amount of time knows that wage theft is rampant in the restaurant business. But allegedly, national pizza chain Domino’s baked a rigged system right into their payroll software. pizza

The New York Attorney General’s office has filed a lawsuit against Domino’s – both the parent company and the franchise, as joint employers – for systematically cheating workers out of money they were owed. The lawsuit follows a years-long investigation that produced a digital paper trail from each franchised pizza shop straight to the corporate headquarters.

The wage theft lawsuit, which names three franchises plus the corporate parent company, alleges workers were underpaid at least $565,000 at 10 stores throughout New York. This case marks the first time that the attorney general in New York has asserted a fast food corporation is liable as a joint employer for labor violations that occur at franchises. It’s a closely watched case because it could mean greater accountability throughout the industry if the attorney general prevails.  Continue Reading ›

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A California appellate court has upheld a $16 million verdict in favor of a former Staples manager who alleged wrongful termination based on age discrimination.oldwoman

In Nickel v. Staples, plaintiff was 64-years-old when he was fired in 2011 by the national chain. He alleged the termination was in violation of California’s Fair Employment and Housing Act (FEHA). A state court jury agreed, awarding $3 million in compensatory damages and $22.8 million in punitive damages (which was later reduced to $13 million by the judge).

Now, the California Court of Appeal, Second Appellate District, Division Three, has affirmed that verdict, over the protests of the defendant. Continue Reading ›

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In Pico Rivera, a working-class, Latino suburb of Los Angeles, Wal-Mart is the second-largest employer for the region. More than 500 families rely on the big box chain for their income and the company accounts for 10 percent of the city’s tax revenue. There are also a number of workers fighting for better working conditions, including a living wage, regular hours and the absence of pregnancy discrimination. pregnancy4

Here, as a recent UPI article explained, some have paid a hefty price for their activism, including being fired or laid off. They are relying on donations for food and clothing. Still, a number showed up at the shareholder’s meeting this year, petition in hand requesting reinstatement from executives.

Although some are dismissive of Wal-Mart and its practices, we should consider that it is in fact the biggest company and the largest private employer in the world. In the U.S., it employs 1.4 million people and it operates in 27 other countries on five continents. The only other employers that are bigger than Wal-Mart: The U.S. Department of Defense and the Chinese Army. Continue Reading ›

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A recent study by the Center for Worklife Law at the University of California’s Hastings Law School revealed that, after years being discriminated against for taking family leave to which they are entitled, workers are fighting back. Specifically, they are pursuing FMLA discrimination lawsuits (Family Medical Leave Act) at an increasing clip. momenttogether

Many are new parents who face discrimination during pregnancy or right after having a new child. Others are caregivers who are taking on responsibilities of caring for a sick relative.

The other thing the report revealed? The aggregate win rate on FMLA discrimination lawsuits is about 67 percent of the cases that go to trial, which is about five times higher than other types of employment lawsuits. That assumes you are a good, diligent worker who has been the victim of what you believe to be discrimination. (Keep in mind too, cases may be settled to your advantage far in advance of trial.)  Continue Reading ›

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Two years ago, California enacted a “Ban the Box” law, one of 20 states to have done so, as a way to stop the automatic exclusion of job seekers with criminal backgrounds. teen1

The idea was to aid some 7 million Californians – 1 in every 4 residents in the state – with criminal backgrounds from being discriminated against. A disproportionate number of those individuals with spotty records are minorities, and African Americans in particular. More than a dozen cities individually have adopted the measure, according tot he National Employment Law Project.

So, has it worked?

Actually, a recent study conducted by researchers at the University of Michigan and Princeton University that while the policy may help those with criminal records have a better chance at finding employment, it also increases racial discrimination by employers.  Continue Reading ›

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A one-time manager of a national truck manufacturing firm has been awarded $1.2 million by a jury in an age discrimination case. officeworkers

But his was just one of nearly a dozen employment lawsuits brought against Daimler Trucks North America over the last few years. Last September, two $1 million lawsuits filed were brought by two different African American woman who alleged they were subjected to racially hostile work conditions. They asserted they have been targeted by co-workers since the 1990s with racially insulting graffiti, language and even threats of violence. Chicken bones would be stuffed in their lockers and nooses displayed in work areas. On top of that, supervisors reportedly constantly questioned their work and made rude comments and filed groundless complaints.

Earlier in 2015, the company agreed to pay $2.4 million to settle complaints from six former workers who alleged they were the subject of homophobic and racist slurs, threats and Nazi graffiti. The following month, four current and former African American employees filed a $9.5 million lawsuits against the firm, alleging they were greeted with “Heil Hitler” salutes, nooses and general harassment at work. Then in April 2015, an engineer, 75 and born in Egypt, filed an employment lawsuit for $2 million, saying his supervisor often made fun of him and called him “bin Laden” in front of clients and co-workers. In July 2015, an Asian American data center manager, 40, filed a $250,000 lawsuit alleging he was mistreated due to both his age and race and that promotions were given to less qualified, younger white workers while he was passed over.  Continue Reading ›

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There has been a lot of news lately about the employment status of ride-sharing drivers for services such as Uber and Lyft.  The issue is whether these workers are employees or independent contractors.  If they are classified as independent contractors, they are not entitled to benefits and overtime pay.  For obvious reasons, the employers want to classify their drivers as independent contractors.

carwash-1514403Another reason that ride sharing companies want these drivers to be classified as independent contractors is because, if they are, then the company does not have to maintain insurance for the drivers and are not liable for any damage caused by the drivers. There have been several cases before the employment commission in Los Angeles where the commission determined that these drivers were employees and not independent contractors.  While this certainly turned a lot of heads in the industry, it did not have any precedential value beyond the instant case. Continue Reading ›

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These days we have been hearing a lot about which bathroom a transgender individual is allowed to use.  While this has not been a major issue for decades, especially in places like Los Angeles, a recent attempt in North Carolina to ban transgendered individuals from using the bathroom of their choosing through what has become known as a “bathroom bill” is what brought this issue back into spotlight.

rainbow-flag-1144037Specifically, the state governor passed what is officially called the Public Facilities Privacy & Security Act.  The act claims to be for the purpose of creating statewide consistency in bathrooms by making them all single-sex occupancy.  Essentially, it claims it will be safer and more consistent if a person uses the restroom that is for the gender to which they were assigned at birth as opposed to the gender to which they currently identify if they are transgender.  It is obviously why many people see this as an anti-transgender bill, and many think it violates the civil liberties protected by the constitution.  Continue Reading ›

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During the nearly completed primary season and prior to the upcoming presidential election, we have been hearing a lot about what the federal minimum wage should be and what other benefits should be provided to every employee across the country.  Regardless of what ultimately happens with the federal election, Los Angeles has been at the forefront of fighting for workers’ rights to fair and appropriate compensation for quite some time.

success1-srb-1237575As discussed in a recent news feature from the National Law Review, beginning on the first of July 2016, employers who have more than 25 employees will be required to pay higher minimum wages and provide at least six sick days (paid) to each employee per calendar year.  For employers with less than 25 employees, they will still need to provide the paid sick days, but they can wait until July 1, 2017 to implement the increased minimum wage.   Continue Reading ›

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