Articles Posted in employment attorney

In violation of state labor regulations, Rite-Aid is facing a class-action lawsuit for failing to provide its cashiers with seats. Though the trial court initially decertified the class of employees, the Fourth District Court of Appeal has reopened the case, reversing the previous decertification erroneous for considering merits of claim rather than the appropriateness of a class remedy. The class-representative plaintiff was an employee at Rite Aid in San Diego, who alleged that the company violated an Industrial Welfare Commission Regulation that requires employees be provided with seats when the nature of work reasonably permits.

When a company is in violation of state or federal labor regulations, employees can take legal action. In many of these cases, class-actions are a viable way to obtain justice and remedies for a large number of employees. Our Orange County employment attorneys are dedicated to protecting the rights of workers throughout California. In addition cases involving labor laws, we are also prepared to take cases involving sexual harassment, discrimination, and wage and hour violations. Employment cases can be complex, so it is important to consult with an experienced advocate to ensure the best possible outcome in your case.

According to the Fourth District Court of Appeals May 2 publication, the class certification was initially denied as a result of the company’s objection that the individual circumstances would dominate the case. When pursuing a class-action lawsuit, it is necessary that members of the class are similarly situated and that the facts of the case are the same for each plaintiff. The Rite Aid defense attorneys alleged that the class representative did not represent all members of the class because each store had varying requirements for each cashier and clerk.

The California Department of Fair Employment and Housing (DFEH) submits an annual report every year showing the trends in discrimination cases.  The DFEH enforces the Unruh Civil Rights Act, the Fair Employment and Housing Act, and the Ralph Civil Rights Act. 

Reviewing the DFEH’s annual report shows the trends that are occurring in terms of discrimination in California. Despite the fact that decades have passed since the first civil rights legislation was signed into law, a review of the DFEH data shows that discrimination continues to be a very real problem. A Costa Mesa employment law attorney can provide assistance to victims of discriminatory behavior on the job.

Discrimination Trends in California

Employers may offer severance packages to employees upon termination or layoff, sometimes in exchange for an employee waiving any claims or liability against the employer.  In the past, these severance packages frequently included payment of one or more months of COBRA. COBRA allows an employee to stay on an employer’s health insurance for as long as 18 months, provided that the employee pays 100 percent of the insurance premium costs. 

While an employer agreeing to pay COBRA premiums used to be a major advantage, it can now create some problems for workers because of provisions in the Patient Protection and Affordable Care Act (PPACA).  Maintaining health insurance after a termination is essential for employees and you need to ensure you make an informed choice regarding whether you should take COBRA benefits.

Because your severance package can have a strong impact on your future financial situation, it is advisable to speak with an Orange County employment law attorney for assistance before entering into an agreement with an employer.  Your attorney can help you to understand the impact of employer-paid COBRA premiums on your right to obtain coverage under the PPACA.

The California Department of Fair Employment and Housing recently released a report regarding discrimination trends.

An experienced Costa Mesa employment lawyer can help you determine if you have been the victim of discrimination in employment or housing.

California employers likely know the serious nature of discrimination claims and how they can affect the lives of everyone involved. California law is very strict regarding discrimination and the state is consistently working to develop better laws and regulations to protect workers from being discriminated against for any reason.

Although the United States may be further along in some aspects of employee rights, the United States does not protect its temporary workers as well as some other countries.

Our employment lawyers in Orange County know the United States doesn’t have the most beneficial employment laws for temporary employees and believe they deserve better treatment.

In a recent article from propublica.org the story of a temporary worker was recounted along with how the same worker may have fared in other countries. The results may surprise you.

Although overall employment discrimination claims have fallen slightly in the private sector during 2013 there has also been an uptick in a number of individual areas.

Our employment lawyers in Orange County are fully aware that sometimes overall statistics can be misleading. And, at a time when employment discrimination complaints are at record highs across the board, a slight decrease is really not enough.

Complaints began climbing rapidly in 2010 when they were at nearly 100,000, which was a 7% increase from the previous year and a 20% increase from 2007. Experts have suggested that when the economy is strong, workers tend to be happy and therefore do not file as many complaints as discontented workers in tough times.

A federal agency that represents workers filed a complaint in January, accusing Wal-Mart of retaliating against protesting employees.

Our Los Angeles employment lawyers know that large employers sometimes feel they are above the law. Some may ignore it completely.

The National Labor Relations Board, an agency that polices employers across the country, says Wal-Mart violated the rights of more than 60 of its employees who were protesting working conditions in 14 different states, including California.

As the court system makes various rulings with regard to workplace discrimination potential plaintiffs and their lawyers are forced to adjust the way they approach cases.

In 2011, the United States Supreme Court made it more difficult for plaintiffs to bring successful class-action workplace discrimination lawsuits. However, there are other avenues for employment litigation in California and throughout the United States.

The actions by the Supreme Court have not eliminated recourse for plaintiffs. In fact, plaintiffs have only decided to change tactics. Now, according to lawyers in the field, more wage and hour complaints are being filed.

A Federal Law known as the Uniformed Services Employment and Reemployment Rights Act protects the civilian job benefits and rights of members of Reserve components and veterans.

A consultation with an experienced Costa Mesa employment lawyer can help you determine if you have a case for employment discrimination based on your status as a veteran.

The law covers many areas with regard to an individuals status as a member of the military. The Uniformed Services Employment and Reemployment Rights Act (USERRA) establishes the total length of time that an individual may be away from work when serving in the military and still retain employment rights.

As workers in California experience many changes, one such positive change is an increase in the minimum wage. By this summer the minimum wage in California will increase by one dollar.

Our employment lawyers in Orange County are aware that many individuals are struggling to make ends meet when their pay is unacceptably low. To combat this problem, and help low income workers, California has introduced a minimum wage increase to $9 per hour.

The change in the minimum wage law will occur on July 1, 2014. Although there are many changes to California’s employment laws as of 2014, the minimum wage increase is high on the list of important changes.