Articles Tagged with employment attorney Los Angeles

In a case believed to be the first brought under the California CROWN Act, a Black job applicant alleges he was racially discriminated against by an employer on the basis of his hair. Los Angeles racial discrimination employment attorney

As our Los Angeles employment attorneys can explain, the CROWN Act stands for Create a Respectful and Open Workplace for natural Hair. It prohibits the use of grooming policies that disproportionately impact Black individuals. Examples include requirements banning locks and afros. Specifically, it amends provisions of the California Fair Employment and Housing Act and the California Education Code to expand how discrimination on the basis of race is defined to expressly include unfair treatment on  the basis of traits historically associated with race. That includes certain hair textures, as well as hairstyles used to protect Black hair, such as braids, Afros, twists and locks.

California was the first state to pass the CROWN Act, which went into effect in January 2020, but at least 12 others have followed. The San Diego Union Times reports this is the first CROWN Act lawsuit filed in California since the statue was passed.

Company Calls Alleged CROWN Act Violation a “Miscommunication”

At issue in this case is a Black job applicant who’d recently moved to Southern California from Florida to further his audiovisual field career. He’d been working at an Orlando branch of the Illinois-based event management firm for four years when he was furloughed in the spring of 2020 due to the pandemic. When he was invited to return to work, a strong recommendation from his boss gave him confidence he’d be able to maintain his same position as a tech supervisor, only in San Diego instead of Orlando. He was told the transition should be “no problem.”

His interview went well, up until the end, when dress code was discussed. He’d expected that having client-facing duties, he’d be required to remove his ear gauges and trim his facial hair. He was not expecting to be told he’d have to cut his hair. Plaintiff, whose hair was in locks, was told he’d have to cut it so that it was off the ears, eyes, and shoulders. He was told he would not be allowed to simply tie it back, away from his face.

Stunned, plaintiff told them it was “a deal-breaker.” Continue Reading ›

A longtime employee of Sea World in San Diego alleges she was not only wrongfully terminated, but that she provided more than four decades of unpaid overtime with the company’s full knowledge. As experienced Los Angeles employment lawyers, we recognize that even with full proof of these facts, plaintiff may not be able to collect compensation for unpaid overtime beyond what she was shortchanged in the last three – possibly four – years. That’s not to say evidence of it can’t be submitted to the court to illustrate a long and intentional pattern. However, the California statute of limitations on employment claims is generally just three years. In some cases, you may have even less time to take action. wage and hour law statute of limitations California

“Wage and hour” is the shorthand we use for legal actions pertaining to an employer’s responsibility to fairly compensate workers for wages, meal breaks, rest breaks, reimbursement of expenses, proper recordkeeping and other basic benefits outlined in California statute.

Per Code of Civil Procedure 338 CCP, the statute of limitations for wage and hour lawsuits is three (3) years from the date when the most recent violation occurred. That said, you may be able to “reach back” possibly as far back as four (4) years for things like unpaid wages, interest and other kinds of valuable penalties imposed by law. This extended reach back provision is applicable when you include a claim under the state’s Unfair Competition law, as outlined in the state’s Business & Professions Code, section 17208.

An attorney will be able to tell you exactly how much time you have left to pursue a California wage and hour claim, but it’s usually better not to delay if possible.

Note: Claims of California employment discrimination were only recently extended to the three-year window. Previously, the window of time was even narrower (one year from termination – or the end of alleged discriminatory conduct). AB 9, which went into effect in January 2020, extended the amount of time employees had to file charges of discrimination with the California Department of Fair Employment and Housing to three years. The new law allows is six times longer than requirements under federal law. Specifically, the U.S. Equal Employment Opportunity Commission (EEOC) requires that anti-discrimination claims be filed within 180 calendar days from the day the discrimination took place. This is extended to 300 days if a state/local agency enforces a law prohibiting employment discrimination on the same basis. (There are slightly different rules for age discrimination, which is not extended if it is only local – not state – law that bars age discrimination.)  Continue Reading ›

Racial discrimination at California workplaces can be grounds for employment litigation. Recently, according to The Los Angeles Times, numerous current and former workers for the City of Long Beach alleged they have been victimized for years by systemic racial prejudice at work.racial discrimination lawyer

Among the allegations set forth in the class action lawsuit against the city:

  • Black workers were reportedly kept disproportionately in lower-paying and unclassified positions.
  • Black workers not given equal pay or equal opportunity for promotion.
  • One worker told she was part of her department’s “problem children.”
  • One worker’s raise was revoked because of a purported mistake in salary calculations.
  • An “anti-black culture” within numerous city departments.

They allege that these actions individually and collectively contributed to a hostile work environment and held them back in their careers. One of those involved said Black workers for the city had been meeting privately for years, discussing their difficulties and trying to find a way forward.

A 2018 report commissioned by the city revealed 65 percent of Black workers in the city were paid less than $60,000 a year, compared with about one-third of the city’s White workers in the same pay range. While 9 percent of Black applicants who sought work in the city were hired, 33 percent of White applicants were hired.

The class action litigation currently names five plaintiffs, but employment attorneys in the case say as many as 1,000 could ultimately claim damages. Continue Reading ›

A number of new California employment laws will go into effect in January 2021. Employers should keep abreast of their responsibilities, while workers should maintain an understanding of their rights. Here, our Los Angeles employment attorneys break down some of the most impactful new measures pertaining to employee leave, pay, discrimination and classification.Los Angeles employment lawyer

AB 2399 – Paid Family Leave for Active Military Duty. This bill, signed in September and effective Jan. 1, 2020, extends the definition of Paid Family Leave under the state’s Unemployment Insurance Code to include coverage for active military members and their families. Previously, the state’s Paid Family Leave Program provides wage replacement benefits for workers who need to take time off to care for a seriously ill immediate family member or to bond with a new child right after birth or adoption. Now, the law allows for a qualifying exigency related to the active duty or call to active duty of one’s spouse, domestic partner, child or parent in the U.S. Armed Forces. Continue Reading ›

Contact Information