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Two years ago, California enacted a “Ban the Box” law, one of 20 states to have done so, as a way to stop the automatic exclusion of job seekers with criminal backgrounds. teen1

The idea was to aid some 7 million Californians – 1 in every 4 residents in the state – with criminal backgrounds from being discriminated against. A disproportionate number of those individuals with spotty records are minorities, and African Americans in particular. More than a dozen cities individually have adopted the measure, according tot he National Employment Law Project.

So, has it worked?

Actually, a recent study conducted by researchers at the University of Michigan and Princeton University that while the policy may help those with criminal records have a better chance at finding employment, it also increases racial discrimination by employers.  Continue Reading ›

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A one-time manager of a national truck manufacturing firm has been awarded $1.2 million by a jury in an age discrimination case. officeworkers

But his was just one of nearly a dozen employment lawsuits brought against Daimler Trucks North America over the last few years. Last September, two $1 million lawsuits filed were brought by two different African American woman who alleged they were subjected to racially hostile work conditions. They asserted they have been targeted by co-workers since the 1990s with racially insulting graffiti, language and even threats of violence. Chicken bones would be stuffed in their lockers and nooses displayed in work areas. On top of that, supervisors reportedly constantly questioned their work and made rude comments and filed groundless complaints.

Earlier in 2015, the company agreed to pay $2.4 million to settle complaints from six former workers who alleged they were the subject of homophobic and racist slurs, threats and Nazi graffiti. The following month, four current and former African American employees filed a $9.5 million lawsuits against the firm, alleging they were greeted with “Heil Hitler” salutes, nooses and general harassment at work. Then in April 2015, an engineer, 75 and born in Egypt, filed an employment lawsuit for $2 million, saying his supervisor often made fun of him and called him “bin Laden” in front of clients and co-workers. In July 2015, an Asian American data center manager, 40, filed a $250,000 lawsuit alleging he was mistreated due to both his age and race and that promotions were given to less qualified, younger white workers while he was passed over.  Continue Reading ›

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There has been a lot of news lately about the employment status of ride-sharing drivers for services such as Uber and Lyft.  The issue is whether these workers are employees or independent contractors.  If they are classified as independent contractors, they are not entitled to benefits and overtime pay.  For obvious reasons, the employers want to classify their drivers as independent contractors.

carwash-1514403Another reason that ride sharing companies want these drivers to be classified as independent contractors is because, if they are, then the company does not have to maintain insurance for the drivers and are not liable for any damage caused by the drivers. There have been several cases before the employment commission in Los Angeles where the commission determined that these drivers were employees and not independent contractors.  While this certainly turned a lot of heads in the industry, it did not have any precedential value beyond the instant case. Continue Reading ›

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These days we have been hearing a lot about which bathroom a transgender individual is allowed to use.  While this has not been a major issue for decades, especially in places like Los Angeles, a recent attempt in North Carolina to ban transgendered individuals from using the bathroom of their choosing through what has become known as a “bathroom bill” is what brought this issue back into spotlight.

rainbow-flag-1144037Specifically, the state governor passed what is officially called the Public Facilities Privacy & Security Act.  The act claims to be for the purpose of creating statewide consistency in bathrooms by making them all single-sex occupancy.  Essentially, it claims it will be safer and more consistent if a person uses the restroom that is for the gender to which they were assigned at birth as opposed to the gender to which they currently identify if they are transgender.  It is obviously why many people see this as an anti-transgender bill, and many think it violates the civil liberties protected by the constitution.  Continue Reading ›

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During the nearly completed primary season and prior to the upcoming presidential election, we have been hearing a lot about what the federal minimum wage should be and what other benefits should be provided to every employee across the country.  Regardless of what ultimately happens with the federal election, Los Angeles has been at the forefront of fighting for workers’ rights to fair and appropriate compensation for quite some time.

success1-srb-1237575As discussed in a recent news feature from the National Law Review, beginning on the first of July 2016, employers who have more than 25 employees will be required to pay higher minimum wages and provide at least six sick days (paid) to each employee per calendar year.  For employers with less than 25 employees, they will still need to provide the paid sick days, but they can wait until July 1, 2017 to implement the increased minimum wage.   Continue Reading ›

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Dozens of Somali Muslim employees at an equipment manufacturing company in Wisconsin have filed a religious discrimination complaint against their employer, alleging the company stopped allowing prayer breaks at times that are in accordance with their faith. They are accusing the company of discrimination and retaliation on the basis of their faith, national origin and race. timetopray

Prior to January of this year, workers were permitted to take breaks for praying so long as they notified their boss, got the Ok and went one-at-a-time. They were able to do so at the times prescribed by religious text. But then, the company introduced a new policy that allows them only two breaks per shift at times that were pre-determined and did not necessarily line up with the times allotted by the Koran. There was also to be no additional accommodations for prayer other than those times.

The workers say they want to keep working at the company, but feel the company no longer wants them there and are taking drastic measures to force them out. Continue Reading ›

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National home improvement chain Lowe’s has agreed to pay nearly $9 million to settle a claim of disability discrimination alleged by regional attorneys at the EEOC’s Los Angles District Office.disabledkey

The North Carolina-based chain, which owns some 1,840 stores across the country, reportedly acted unlawfully by firing workers who had been on medical leave.

According to the Equal Employment Opportunity Commission‘s news release, the company violated the Americans With Disability Act (ADA) by terminating workers who had been on lengthy medical leave. Those who were fired had absences that exceeded the company’s internal 180- or 240-day maximum allowable leave policy. Continue Reading ›

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The U.S. Supreme Court recently handed down an important decision that will almost certainly aid victims of workplace discrimination in their efforts to attain restitution. postalservice

In Green v. Brennan, what was alleged was a case of severe and long-running racial discrimination against a black mail carrier for the U.S. Postal Service.

Plaintiff was a 35-year- veteran of the Postal Service when the trouble first started. A job for postmaster opened in Colorado. Plaintiff applied, but his bosses passed him over – for someone far less qualified. It was later revealed the person who landed the job hadn’t even turned in an application.

Continue Reading ›

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According to a recent news article from the Los Angeles Times, the owners of a French Bakery operating in Beverly Hills and out of a location in Torrance that is now closed, was just ordered to pay more than $15 million to employees that it allegedly exploited.  These employees (11 in total) are all from the Philippines and were in the United States on work visas.

gaveljanThese workers filed a civil lawsuit in federal district court in California in which they alleged that they were trafficked to the United States and forced to work as both domestic servants for the bakery owners and also at the two bakery locations where they were paid off the books.  Continue Reading ›

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About a year ago, the owners of several high-end restaurants in California and New York decided that they would institute a strict “no tipping” policy for all restaurant employees and instead pay the servers and other workers a higher hourly wage.

booze-1481628This no tipping model was created as a way to help workers earning what is often referred to as a living wage.  The model was based on the typical plan in which restaurant workers get paid.  Employees earn a very low minimum wage (typically less than $3 per hour) and then earn tips on top of that hourly wage.  If the server does not earn enough in tips to equal the standard minimum wage for workers who do not earn tips as a substantial part of their wages, then the employer pays the difference. Continue Reading ›

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