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Orange County Employment Lawyers Blog

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Employer Fired HIV-Positive Worker, Fined $125K for Disability Discrimination

In the 1980s, a diagnosis of HIV or AIDS was a death sentence. It was also essentially a license to discriminate, and employers did so frequently. Although it has since become illegal to do so and the stigma surrounding the condition has waned, discrimination against HIV-positive workers continues. Some of…

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Spratt v. DirecTV – Cable Company Accused of Wage-and-Hour Abuses

A California lawsuit accuses a large cable company of forcing hourly workers in California to toil through designated brake times, among other wage-and-hour violations, according to the latest lawsuit filed against the firm. In Spratt v. DirecTV Enterprises LLC, filed within the Los Angeles Superior Court, a former maintenance worker…

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McMaster v. Eastern Armored Servs. – Motor Carrier Act Exemption to Overtime

One of the ways companies frequently attempt to skirt overtime wage laws is to wrongly classify workers as exempt. They may fudge the definition of the job, or in some cases, simply look for any available legal loophole and stretch it to fit the situation. The recent case of  McMaster…

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Walz v. Ameriprise Fin. Inc. – Mental Illness Discrimination Allegation

A federal appeals court has affirmed a judgment in favor of a company accused of disability discrimination, finding because employee never informed her bosses of the nature of her disability and never requested accommodations, she could not prove the reason for her termination was the disability. Walz v. Ameriprise Fin.…

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Dickson v. Burke Williams, Inc. – Failure to Prevent Harassment Alleged by Spa Worker

A California appellate court reversed a $285,000 verdict in favor of a former spa worker who alleged her employer failed to take reasonable steps necessary to protect her from the sexual harassment and gender discrimination of two customers. The issue was that although jurors ruled defendant was not liable for…

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Arlington v. Miller’s Trucking – Oral Wage Agreement Weighed

Verbal employment agreements – including those pertaining to wages – are legal and valid. However, they can be tough to prove, which is why it’s always better to get those facts in writing. Failure to do so may result in an a greater uphill battle in court, though they may…

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Flood v. Bank of Am. Corp. – Bisexuality Discrimination Lawsuit Revived

Although sexual identity is not explicitly protected on the federal level for public employees, California law does provide protection, as do some local-level policies. LGBT employees have the right to enjoy a harassment-free, discrimination-free work environment. In the recent case of Flood v. Bank of Am. Corp., before the U.S.…

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Adams v. CDM Media USA – Age Discrimination Lawsuit to Proceed

The Hawaii Supreme Court has reversed a summary judgment favoring a company accused of age discrimination in hiring, finding the company failed to meet the necessary burden to prove it should prevail as a matter of law. The 59-year-old plaintiff who had decades of experience in sales was turned down…

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$415M Wage-Fixing Settlement Nearing for California Tech Firms

A U.S. District judge in northern California has not objected to a $415 million settlement, following allegations several large technology firms conspired in a wage-fixing scheme that held salaries down for many workers. Previously, that same judge had rejected a $325 million proposed settlement, saying it was far too low.…

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Age Discrimination May Manifest in Subtle Ways

Most employers are aware of the fact that legally, they can’t specifically recruit workers under the age of 30 or fire a worker simply because he or she hit the 55-year mark. But usually, age discrimination comes in much more subtle ways. One such example is job advertisements that request…

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