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An age discrimination lawsuit against the city of Milpitas near San Jose was settled recently for more than a half million dollars. The plaintiff also reportedly was offered a new job within the city. typing

According to the San Jose Mercury News, the settlement for $600,000 was to cover back pay and lost wages following her lay-off, as well as attorney’s fees. In addition to being given another job, she was also granted enhanced medical and retirement benefits.

Plaintiff worked with the city as an office specialist in the Building and Safety Department for 12 years, ending in 2012. She accused the city of age discrimination, retaliation and failure to prevent discrimination. Continue Reading ›

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Almost all gender discrimination lawsuits in California are filed by women. It’s well-established that women as a whole are offered less prestigious jobs, are paid less, promoted less and are targeted more frequently for sexual harassment.sad

So is it ever valid for a male employee to file a gender discrimination claim? Before you roll your eyes at the notion, consider first of all that discrimination against a man simply because of their gender is just as illegal as if the roles are reversed. Now consider the case recently filed in Federal District Court in San Jose against Yahoo.

The former Yahoo manager lost his job after the company came under the direction of female chief executive Marissa Mayer. In his complaint, he alleges the quarterly performance review favored by Mayer is discriminatory against men. The process requires superiors to rank every worker on a scale of 1 to 5. Those ratings were integral in the firing of hundreds of workers since Mayer took over in 2012. Workers with the lowest of those rankings were routinely trimmed from the roles. Continue Reading ›

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Much has been written about the lack of gender diversity in Silicon Valley. The problem has even birthed a few California employment lawsuits, with varied results. Most notable among those was the case of Ellen Pao, a junior partner, against her former employer and powerhouse venture capital firm, Kleiner Perkins Caufield & Byers. Pao lost her her bid for compensation spring, after jurors found there was not enough evidence of gender discrimination. iphone5

Now in the latest legal action against a technology giant, Twitter is accused of gender discrimination by a former engineer. Tina Huang claims she was forced out of the firm because she is a woman. She has the testimony of a former colleague to help back her claims.

However, Twitter has come out swinging, alleging that former colleague of Huang’s likely violated an employment contract by helping his friend land a job at the venture capital firm where he’d begun working. The company plans to file a motion to dismiss, claiming the allegations have no basis in truth.  Continue Reading ›

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A California employment lawsuit against ride-sharing service Lyft was settled with an interesting compromise. driver

Workers involved in the class-action lawsuit asserted they were in fact employees, entitled to all the legal protections that entails. However, the mobile app argued the drivers were independent contractors, meaning they wouldn’t be entitled to minimum wage, workers’ compensation, overtime and other benefits.

Now, Reuters reports the company has agreed to expand certain worker protections and it’s paying $12.25 million to the drivers who are party to the lawsuit. However, it has not agreed to label the drivers employees. For the business, this eliminates a significant threat to its business model, but it could still leave drivers in a vulnerable place.  Continue Reading ›

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According to a recent news article from HR.BLR.com, an employee was driving his personal vehicle when he was arrested and charged with drunk driving in California. At the time of his arrest, he was working for a major insurance carrier as a claims handler.

pintTwo weeks after his arrest, employer told him he needed to answer a series of questions, and he would face termination if he refused to answer these questions. He disclosed the details of his arrest. He was given a probationary sentence, where, if he were to abide by all terms of the court and prosecutors, they would dismiss his probation in two years. This is a fairly standard deal for first-time DUI offenders in California. Continue Reading ›

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According to recent news feature from HR.BLR.com, a California employer operates a shipping, distribution, and warehousing business at ports in Southern California, including Los Angeles and Long Beach. The company accepts the shipments at the docks, stores the merchandise, and then has its drivers deliver the goods throughout the state of California.

truckingThe California employer hires a number of drivers who they classify as independent contractors. Many of these so-called independent contractors filed claims with the Labor commissioner for the state of California pertaining to wage disputes. In response to the claims, employer filed a motion with the court to make the drivers handles their wage disputes in arbitration rather than with the court. Continue Reading ›

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If you have never waited tables, you probably do not understand how servers get paid and why tips are very important. In 43 states in the nation, restaurant workers get paid far less than minimum. While the federal minimum wage is $7.25, an employee at restaurant waiting tables probably makes around two dollars and change per hour.

heres-is-a-tip-1022839-mAs the worker goes through the day, he or she serves people and gets tips. At the end of a shift, a worker goes into the manager’s office with his or book. The manager tells the server how much money they owe the house for the day, and whatever is left over (tips) the server keeps. However, before he or she can leave, the server must “tip out” other people, like bartenders who make the drinks, bussers, bar backs, hosts and hostesses, and server assistants.   This is based on a percentage in sales. Continue Reading ›

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According to a recent news article from the Sacramento Bee, the United States Supreme Court held oral arguments on the issue of whether a public union could force employees in a particular sector to pay dues as a mandatory condition of employment.

writing-a-check-2-1239258Specifically, this case at issue is Friedrichs v. California Teachers Association. Currently, the government-run union requires all teachers in the state of California to be a member of the union and to pay around $1,000 per year in membership dues if they want to work as a teacher.   Continue Reading ›

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If a worker is classified as an independent contractor, then by the classification’s very nature, the worker is not an employee. In many industries there is a lot of worker misclassification. One of the biggest industries with worker misclassification problems is the construction industry, and, in California, there are a lot of construction workers.

farm-field-views-1444353-mThe reason employers often to try classify all the workers as independent contractors is because it is cheaper when you do not have a pay a worker overtime or give him or her any benefits. Continue Reading ›

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According to a recent news article from Capital Public Radio, a new law has taken effect in the state of California that is designed to protect workers who need to take off time from work to handle a school emergency with their children or to enroll the child in daycare or school.

gavel-952313-mThis legislation was authorized by California State Senator Hannah-Beth Jackson, a Democrat representing Santa Barbara, and she said the new law reflects a modest change to help working families make ends meet while taking care of their children and making sure they get a good education. Continue Reading ›

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