Articles Tagged with employment lawyer

Discrimination in the hiring process has long been problematic in California workplaces. Allowing personal biases of employers and supervisors to play a role in who gets the job and who doesn’t is extremely problematic when the effect is systematic discrimination against applicants on the basis of their race, religion, age, gender, disability or other protected status. Yet it happens far too often. discrimination in hiring

Now, a new California bill seeks to address this with technology.

SB1241, formally the Talent for Competitive Hiring (TECH) Act would establish a new legal bar – a high one – to address discrimination in hiring with transparent written guidelines for companies to follow in their recruiting process. The ultimate goal is to create fairer hiring processes and more diverse work forces with the aid of technological tools. It was co-authored by Democrats from Los Angeles, Long Beach, Gardena and Carson.

Rather than leaning on one of a myriad of unregulated pre-screening software programs or even a hiring manager, the TECH Act would require adoption of a smart computer program equipped with agnostic filtering that would be routinely monitored. As our Los Angeles employment discrimination lawyers understand it, SB1241 is a “rules of the road” so-to-speak for hiring practices. The bill sponsors say the measure is necessary to tackle the widening opportunity gap that leads to ongoing socioeconomic inequality throughout the state. Continue Reading ›

Employment discrimination, sexual harassment, retaliation and wrongful termination aren’t solely the problem of large corporations. It’s true that the federal discrimination lawsuits against Fortune 500 companies tend to make splashier headlines, especially when they conclude in multi-million dollar verdicts and settlements. But small businesses can be just as susceptible to these issues. employment lawsuit

Many small business owners are unprepared when these lawsuits are filed. The fact is that the bulk of litigation filed against businesses of all sizes involves employment disputes. About 40 percent of those are filed against smaller employers, with somewhere between 15 and 100 employees.

Employment lawsuits can more deeply affect a smaller employer, so it’s important for them not only to be insured, but also to be proactive in preventing disputes in the first place. That means knowing the law (including all the new employment laws that were passed in California recently), being sure there are clear policies and procedures in place to address problems and making certain those avenues for resolution are communicated to staff and supervisors. Continue Reading ›

“No-rehire” clauses have long been boilerplate verbiage in employment lawsuit settlements. If you sue your employer for harassment or wage-and-hour violations or discrimination, you might well get compensation for your trouble – but you may still be out of a job. In California, that era is coming to an end. no rehire clause California

Starting Jan. 1, 2020, AB 749 will go into effect, stipulating that with only limited exception, all no-rehire provisions in employment settlement agreements will be considered void as a matter of law.

Gov. Gavin Newsom has signed the bill seeking to end this common practice, by which both sides agree to part ways, with the understanding the employee’s subsequent application won’t be considered or if by chance the worker is hired again, that employment can be automatically terminated. Continue Reading ›

As longtime employment attorneys in California, we know that corporations can seem blind with greed, cutting corners on pay, discriminating and exploiting where it suits them. These things can be true, but it’s also true that most companies are comprised of individuals – including managers, supervisors and owners – who want to do the right thing, but find avoiding California employment lawsuits can be a significant challenge.employment attorney Los Angeles

Large companies are savvy enough to have lawyers on retainer to advise them of ever-changing employment expectations. However, small- and mid-sized companies may not have those kind of resources.

To avoid the landmine of potential employment litigation and retain your competitive advantage, our Orange County employment attorneys have some general tips for consideration. Legal advice specific to your circumstances should be sought from an experienced labor law attorney who can weigh the unique fact pattern of your company/case. Continue Reading ›

The California Supreme Court ruled that a national news network employer’s termination of an employee could amount to protected activity under anti-SLAPP laws, even if ultimately those activity are deemed unlawful. At the very least, it’s going to mean careful evaluation of employment lawsuits against news organizations in California. discrimination lawyer Los Angeles

Plaintiff, who is black, alleged that as an employee, he suffered racial discrimination, retaliation and wrongful termination. The network argued the claim violates anti-SLAPP laws intended to shield businesses from frivolous lawsuits intended to chill speech or some other protected activity of public importance.

Analysts famed the case by considering whether a media company’s free speech right to decide who produces content that’s distributed to an audience of millions supersedes the employee’s right to a discrimination-free workplace. Based on the line of questioning, our Los Angeles employment discrimination attorneys surmise the court had no intention of effectively giving media organizations carte blanche reign to discriminate against their employees simply by citing the First Amendment and anti-SLAPP laws. But while that aspect of the case was remanded back to the lower court, that’s still no guarantee the worker will, especially given allegations of plagiarism, which for that industry, is often considered a fire-able offense.

Attorneys for the major network argued that editorial decisions included things like who to hire and which assignments should be given to whom. All of this, they said, is connected to furthering the mission of public speech, and thus the decision to fire the plaintiff producer should protected under anti-SLAPP laws.

Employment discrimination lawyers in Los Angeles and throughout the state had been watching closely how the case unfolded. Continue Reading ›

The lunch time wars at Wal-Mart rage on. A class action Los Angeles labor and employment lawsuit over meal breaks has resulted in a $6 million verdict – and the introduction of something known as the “meal break discouragement theory.”employment attorney

In Hamilton v. Wal-Mart Stores Inc., plaintiffs alleged the mandatory security check through which they had to exit and enter during every break consumed so much time, the end result was workers were left with less than their legally protected right to a full half hour for meals during their shift. Beyond this, workers alleged it was overly-intrusive, embarrassing to be required to remove feminine hygiene products from their purses. Break rooms were noisy, crowded, uncomfortable places to be.

It wasn’t that they were ever denied the opportunity to take a meal break. They were, however, soundly discouraged from it. A jury agreed with them, and in April, awarded $6.1 million. Continue Reading ›

Most employment lawsuits based on federal discrimination laws must first go through the U.S. Equal Employment Opportunity Commission, better known as EEOC. With few exceptions, these cases involve the protected statuses as set forth in Title VII of the Civil Rights Act of 1964. The EEOC launches an investigation and then gives Notice of Right to Sue when the investigation is closed, which allows permission to file your federal or state employment discrimination lawsuit withing 90 days. You can request the right to sue sooner or, if you’re filing an age discrimination claim, you don’t have to wait.workplace discrimination

The idea was to resolve some of these matters without litigation, but also in a way that ensured maximum public good when an employer was caught unfairly treating workers. The EEOC doesn’t pursue government sanctions in every case (increasingly less so), but oftentimes information gleaned from that investigation can be helpful to your personal claim.

But apparently, the EEOC isn’t even doing much of that. In fact, an investigative co-report by the Center for Public Integrity and Vox. The report indicated an increasing number of workplace discrimination cases are being closed before they are ever even investigated. Continue Reading ›

A number of California employment lawsuits have been won in recent years by cashiers at retail locations seeking a place to sit at work. The door was first opened in 2010 when a pair of California Court of Appeal rulings allowed cashier plaintiffs to seek remedy when employers failed to provide reasonable seating.Los Angeles labor and employment attorney

In 2016, the California Supreme Court held in Kilby v. CVS Pharmacy Inc. that when tasks performed at a given location reasonably permit seating AND providing a seat wouldn’t interfere with the performance of any other tasks that might require standing, “a seat is called for.” Furthermore, if an employer argues no suitable seat is available, the burden is on the employer to prove unavailability.

As our Los Angeles labor and employment attorneys can explain, this provision is most often applied to cashiers, tellers and others who frequently work in stationary locations, but it’s not necessarily limited to the retail or banking sector or solely to cashiers.  Continue Reading ›

A former nurse at a hospital in Pasadena has filed a California racial discrimination lawsuit against the hospital where she worked for nearly four decades, up from a housekeeper in 1984 to a registered nurse, charge nurse and later a nursing instructor. For the first 30+ years of her employment, her work experience was positive. Until late 2017, she’d never had any written reprimands. It was around this time two new supervisors were named to oversee her department. From that point on, she alleges, nurses who were black and Latina were routinely targeted for discriminatory action, with allegations coming from a small group of white nurses.Orange County employment lawyer

As the San Gabriel Valley Tribune reports, the lawsuit filed in Los Angeles Superior Court alleges the hospital fired wrongfully terminated her for retaliation and intentionally inflicted emotional distress when she reported racial discrimination, which the hospital failed to prevent. Once the new supervisors started, she alleges Latina and black nurses were regularly singled out, harassed, given poor performance evaluations, stripped of advisory board roles and passed over for promotions. In fact, the very same month the supervisors took over, plaintiff was given a reprimand on the basis of a reportedly anonymous complaint by another worker, indicating misconduct. Problem was, on the date specified, plaintiff wasn’t even at work.

The following month, human resources personnel called her in for a meeting about further employee dissatisfaction. It was at that time she told HR that she was being discriminated against, pointing out a white nurse who had been the subject of another complaint months earlier had been given the chance to defend herself fairly, while she was denied that same opportunity when she asked. The very next month, she was again called to HR for another anonymous worker complaint. In the face of all this, plaintiff said she offered to go back to the registered nurse position she held previously and step down from her supervisory role. However, she was told the hospital didn’t allow employee demotions, her lawsuit states. Later that month, she was fired.  Continue Reading ›

Fox News Channel has been faced with numerous claims of unlawful employment actions in recent months. Fox has settled numerous sexual harassment cases, and is now facing an expanded racial discrimination lawsuit. The expanded lawsuit involves multiple former Fox workers, all of whom claim they were racially discriminated against while performing their jobs for Fox News Channel. employment lawyer

Racial discrimination and sexual harassment can both result in civil actions against companies in which executives or managers engage in unlawful behavior, as well as civil actions against companies which fail to correct a hostile work environment being created in the workplace.

Orange County employment discrimination lawyers understand how devastating it can be for victims to be treated inappropriately and unfairly due to their protected status, like their race or gender. Victims have rights, and high-profile anti-discrimination claims like the recent cases against Fox News may help to raise awareness of discrimination issues and prompt more people who are being victimized to take action. Continue Reading ›

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