Plaintiff in Ledbetter v. Good Samaritan Ministries may have an uphill battle in proving his employment retaliation case, but there were too many “loose ends” for the trial court to have declared a summary judgment in favor of the defense, a federal appellate court recently ruled. According to the decision…
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Court: California Healthcare Employers Subject to Litigation for Meal Break Waivers
For more than two decades, health care workers were given the option to waive a second meal break that would otherwise be required on shifts longer than eight hours under the Industrial Welfare Commission’s Wage Orders, or IWC. However, in the recent decision of Gerard v. Orange Coast Mem. Medical…
EEOC Sues Restaurant for Discrimination Against Male Applicants
While sexual harassment claims are often filed by women who suffer discrimination or retaliation by male superiors, a recent federal case filed by the Equal Employment Opportunity Commission (EEOC) is a reminder that discrimination and harassment can go both ways. According to a statement from the EEOC, a well-known restaurant…
Paramount Pictures Sued for FCRA Violations
Employees who turn in an application to an employer may not realize they have significant rights under federal law – even if they are not hired. Employers who decide to use consumer background checks, including criminal history or credit reports, to make a hiring decision must follow a very strict…
California Home Healthcare Workers and the Fight for Overtime
With a growing elderly population, more families are turning to home health care services to help with the aid and medical needs of their loved ones. Many of these health service employees work for agencies responsible for salary and hourly wages, including overtime. For employees, it is important to remember…
McDonald’s Faces Suit for “Rampant” Racial and Sexual Discrimination
McDonald’s is facing some of its most egregious accusations of racial and sexual discrimination and harassment, which could result in a significant settlement or verdict for 10 former employees. The federal civil rights lawsuit was filed against the company in January of 2015 in the U.S. District Court for the…
Saks Claims Right to Discriminate Against Transgendered Employees
Transgendered employees are a protected class under California state laws and federal law. The Justice Department and the Equal Employment Opportunity Commission hold it is illegal for employers to discriminate against transgendered employees. In a recent turn of legal events, Saks & Co. administrators in a federal motion asserted the…
Rise in FCRA Lawsuits: Employer Liability in Background Checking
Employers are being more heavily scrutinized for taking potentially illegal action when background checking employees either prior to hire or during the course of employment. A class action lawsuit was filed in a Missouri federal court alleging Michaels, a craft store chain, violated the Fair Credit Reporting Act in its…
49ers Team and CEO Sued for Age Discrimination
The NFL is one of many sports organizations that has been the recent target of lawsuits related to employment claims. In a recent development, the San Francisco 49ers and its CEO, Jed York, have been named in an employment discrimination lawsuit. According to the complaint, two former employees have alleged…
New Protections for Foreign Workers in 2015
California attracts worker from Canada, Mexico, South America, Europe and Asia. Unfortunately, many of these workers have become victims of exploitation, wage and hour violations, and other illegal activities. California lawmakers have expanded protections to foreign workers and the new laws will go into effect in 2015. Under the new…