Articles Tagged with employment attorney

Back in November, the U.S. Department of Labor rescinded the controversial Obama-era 80/20 Rule, dictating how restaurants paid tipped workers, barring employers from taking tip credit from workers who spend more than 20 percent of their time doing non-tipped work. Now, Orange County fair wage attorneys understand a federal judge for the U.S. District Court for the Western District of Missouri rejected the DOL’s guidance, finding it “unpersuasive and unworthy.”restaurant worker tips

The judge further stated that the Labor Department’s issuance of an opinion letter abruptly shifting gears on this issue after 10 years of consistently construing such regulation as limited by the 80/20 rule wouldn’t persuade the court to apply a new interpretation of litigation. Noting the DOL gave zero reasoning or evidence of any in-depth consideration for reversing its position, and it doesn’t stand up to the standard set by the U.S. Supreme Court, and characterized the November rule change as a “sudden surprise” and an “unjustified departure” from the agency’s previous guidance.

Per the Fair Labor Standards Act, 29 USC s. 201, employers must pay workers at least $2.13 hourly for their wages, then take a tip credit in order to make up the difference between the worker’s wages and federal minimum wage. The 80/20 rule arose because tipped workers were spending an extensive amount of time carrying out non-tip-generating duties, like rolling silverware or setting tables. The updated guidance from the DOL was that the agency was no longer going to limit the amount of time workers could spend performing those duties.  Continue reading

Employment discrimination can be subtle, but it is described as unequal treatment or attitudes toward one group of employees or against another resulting in unfair, adverse impacts to a protected class of employees or prospective employees. Among the most common questions our Riverside employment discrimination attorneys receive is, “How do I file an employment discrimination lawsuit in California?” One of the first things we need to determine is whether you belong to a protected class, and if so, whether they suffered disparate and negative treatment as at least partially a result of being in that class. Riverside Employment Discrimination Lawyer

The California Fair Employment Practices Act marks its 60th anniversary in 2019. The law prohibits discrimination against employees and/or applicants on the basis of one’s actual or perceived belonging or association with one of the following protected classes:

Gender (this provision also bars sexual harassment);

  • Race and Color
  • Ethnicity
  • Marital Status
  • National Origin or Ancestry
  • Religious Creed
  • Pregnancy, Childbirth or Related Conditions (including lactation)
  • Disability
  • Age (pertains to individuals over the age of 40)

Once our Riverside employment discrimination attorneys examine the facts of the case to determine whether sufficient evidence exists to file a claim, we’ll give you a detailed rundown of your legal options. Unlike other types of civil claims, the process of filing an employment discrimination claim doesn’t always go straight to court. Continue reading

A top-level banking executive for Goldman Sachs is suing the company, as well as one of its managing directors, for what she says was racial discrimination and religious discrimination to prevent her from landing a major client. employment attorney

The lawsuit, filed by the company’s vice president, who is both black and Jewish, alleges the managing director’s prejudices against her specifically blocked this deal, but that she also faced a myriad of discriminatory comments focused on her her skin color and her religion. Specifically, she says comments were made questioning “how Jewish” she is, given the fact that she is African American.

CNBC reports the company has denied the allegations, underscored its commitment to diversity and intends to vigorously fight the claim.  Continue reading

When a police officer resigns from the force shortly after completing training, can he or she be required to reimburse the city for the costs of attending the police academy? The answer is no – an answer the City of Los Angeles learned the hard way. (See In re Acknowledgement Cases, 239 Cal. App. 4d 1498, decided August 12, 2015.)employment lawyer

In the early 1990s the City experienced a high attrition rate amongst officers of the Los Angeles Police Department. In an attempt to mitigate the costs of turnover, the City enacted an administrative code provision that required officers to pay a prorated portion of the cost of their required training at the Los Angeles Police Academy if they voluntarily left the force within sixty months of graduation, and were hired by another law enforcement agency within one year of leaving. New officer recruits were required to sign an acknowledgment of this policy.

The City brought suit against a series of officers for reimbursement of academy training expenses under this provision. With many pending cases on the same issue, the City agreed that the rulings on the enforceability of the acknowledgment for one case would apply to all pending acknowledgment cases. The trial court ruled in the City’s favor, finding the acknowledgements to be enforceable against the officers. The officers appealed.

The Fourth Appellate District examined the administrative reimbursement provision under the California Labor Code, which provides that employers must indemnify employees against the necessary expenditures or losses incurred in the discharge of the employee’s duties. (Cal. Labor Code § 2802(a)). While no cases had directly resolved the issue of whether training was such a necessary expenditure, the appellate court nonetheless determined that it could be. Training required under state law (such as Peace Officer Standards and Training) was not mandated by the employer, and therefore the court found that it was not an expense of employment. The Los Angeles Police Academy, however, had training which exceeded the state requirements of POST. That portion of training was found to be an expense of employment for which the City could not seek reimbursement from recruits.   Continue reading

Nike is being sued for violating wage and hour laws within the state of California. The case was filed as a putative class complaint. Many Nike employees could become part of the class action claim against the company for failing to pay wages as required under California law. employment attorney

There are many protections in place under state and federal law to ensure every employee is paid a fair wage in the state of California. An Orange County employment lawyer can provide assistance to those who are not paid at least minimum wage, who are not paid required overtime or who are otherwise deprived by their employers of money they earned. Continue reading

A woman once employed by Tiffany & Co. alleges the jewelry maker forced her out of work after she underwent surgery to remove her ovaries and breasts to avoid cancer.womenworking

Plaintiff filed a federal lawsuit asserting the company, based in New York, discriminated against her based on her age and gender after she had the surgeries, which her attorney described as “life-saving.” Prior to the surgery, plaintiff learned she carried a genetic mutation that put her at high risk of developing these specific type of cancers, according to BusinessofFashion.com. You may recall two years ago, Actress Angelina Jolie revealed she had surgery to remove both breasts and her ovaries after discovering she had this same BRCA1 gene. Jolie’s mother, actress Marcheline Bertrand, died of ovarian cancer at age 56, while her grandmother died of it at age 45 and her mother’s sister died of the disease at the age of 61. Presence of the gene typically puts women at a 50 percent higher risk of developing breast or ovarian cancer.

Meanwhile, plaintiff in this employment lawsuit, filed in a U.S. District Court in Rhode Island, says that while she is seeking damages, she said she wants people to know the company treated her as if she’d done something wrong after she took decisive measures to save her own life. Continue reading

A California technology company is facing down claims of racial discrimination against employees, who are the subject of a lawsuit alleging white men were given preference over minorities with similar qualifications.computer

USA Today reports the U.S. Department of Labor is suing Oracle America, a technology systems company that is accused of paying its white, male workers more than others and discriminating against non-white applicants in the course of its hiring and recruiting efforts. The DOL asserted the company is barred from engaging in discriminatory practices, especially because it receives hundreds of millions of dollars as a contractor for the federal government.

The company vehemently denies the allegations, arguing they are wholly without merit and motivated by politics. The firm is responsible for manufacturing much of the hardware and software utilized by federal government agencies. Continue reading

Four Sikh truckers in California have settled an anti-discrimination lawsuit against their employers who fired them for refusing to cut their hair to undergo a drug test.trucking

In Sikhism, it’s part of a practice called Kesh that allows one’s hair to grow naturally as a matter of respect for the perfection of God’s creation. The idea is to live the way God made you. It is a tightly-held tenant, one of the five articles of faith of the Sikh religion. When refused to have have it clipped for the drug test, his employer fired him. One plaintiff called the incident, which occurred five years ago, “One of the hardest times of my life.”

Now, he and four other trucker applicants will split a $260,000 damage award to resolve allegations of religious discrimination in employment.  Continue reading

California age discrimination is the target of a new bill passed by the state Senate that would allow actors and actresses to keep secrete their ages from certain websites. In particular, the Internet Movie Database, which is frequently used by casting directors in both the television and film industry, has been cited by actresses and actors who have been turned down for roles on the basis of what they suspect is their age. Hollywood1

Sent. Bob Hertzberg (D-Van Nuys) is supporting the measure, AB 1687, by saying that older actors are often subject to age discrimination when they are seeking their next role. The bill is referred to as the Customer Records: Age Information: Commercial Online Entertainment Employment Service Providers. The bill was first introduced to the Assembly in April before being amended in May and then sent to the Senate, which has amended it twice, most recently Aug. 2, 2016. Now that the latest version has been passed by both the Assembly and the Senate, it now goes to the governor’s office for final approval – or veto.

Hertzberg cited the example of former “90210” actress Gabrielle Carteris, who was 29-years-old when she auditioned for the role of a 17-year-old girl. She landed the part, but the casting director said at the time, he didn’t know her age. If he had, he later said, he would never have given her the role. Hertzberg says this is a perfect example of how the easy accessibility of an actor’s age online can work against someone who is talented and otherwise qualified for the role.  Continue reading

A sharply divided California Court of Appeal, Second Appellate District, Division Eight, issued a decision allowing a plaintiff to proceed with his associational disability discrimination claim against his employer. This was a reversal of the trial court’s opinion in Castro-Ramirez v. Dependable Highways Express Inc., wherein a father alleged he was fired for his need to assist his disabled son. gaveljan

This kind of “association” discrimination is outlined in the Americans with Disabilities Act (ADA), which bars discrimination against an employee based on their association or relationship with an individual who has a known disability. The provision in 42 U.S.C. 12112(b)(4) means a company is forbidden from taking adverse action against a worker simply for associating with or having a relationship with someone who is disabled.

Under the ADA, companies are required to give qualified workers with disabilities reasonable accommodations. However, federal courts have held in prior cases (see Tyndall, 4th Cir. 1994, Overly, 6th Cir. 2006) that this association discrimination provision doesn’t mean workers are entitled to employment modifications in order to care for a disabled spouse or child. Continue reading