A recent news article from the International Business Times points out that smokers in Kentucky are protected under state law from employment discrimination, while members of the LGBT community do not have any such protection.

rainbow-flag-1144037In the wake of the sweeping victory for proponents of gay marriage after the landmark decision from the United States Supreme Court, many were hoping to follow with growing public support for gay rights and end employment discrimination against the LGBT community across the county.  Continue Reading ›

There has been a lot of news coverage about the Rams moving to Los Angeles and about the new L.A. Rams Stadium.  According to a recent news feature from the Los Angles Times, those in support of building the new stadium with taxpayer dollars said that the project would create nearly 10,500 full-time and part-time jobs.  This number is not supposed to include the many construction jobs that will be created as the new stadium is being built.

visions-from-im-5-64561-mHowever, some think that these promises of new jobs are not all they are cracked up to be.  A recent lawsuit was filed against the company that has a contract to sell all concessions at Levi’s Stadium.  Levi’s Stadium is located in Santa Clara and is the stadium where the Super Bowl was just held.  The lawsuit was filed on behalf of the many low-income workers who accuse their employer of regularly committing labor law violations and taking advantage of them. Continue Reading ›

Over the past few years, we have seen a lot of job growth in California, including the greater Los Angeles area. A recent news article from the Los Angeles Times suggests that we will continue to experience significant job growth as the economy continues to improve, but that growth will be slower over 2016 and 2017 than it had been in the 2015.

job-concept-1445172-4-mThe Los Angeles County Economic Development Corporation has just released its annual comprehensive report that predicts the 7 percent unemployment rate, which we have now, will fall by just over a point by next year.  Continue Reading ›

Authorities in charge of investigating wage theft tend to avoid making generalizations about an entire industry. However, state and federal investigators have recently spoken out forcefully against what they say is a serious and growing problem for California workers: wage theft and other employee abuses at elderly care facilities.oldhands

It’s an industry that tends to employ workers who are poor and often illegal. That means they are more likely to be extorted and abused.

Case-in-point: Florinda Yambao. The 63-year-old woman owned numerous residential nursing homes throughout Contra Costa County. Last year, she was convicted of tax fraud, insurance fraud and theft. She had  defrauded workers of hundreds of thousands of dollars in pay and then, the court ruled, committed tax fraud in order to cover it all up. She was placed on probation and ordered to pay $1 million  in restitution to her victims. Continue Reading ›

In two of the most critical agricultural counties in California, farm workers banded together with other low-wage workers in the food industry, demanding a “Bill of Rights” that would ensure higher wages and improved treatment.farm

The workers characterized the bill as a “rule of law” for these workers, who work extremely long hours for little money and are at very high risk of injuries and abuse. The bill is primarily aimed at addressing the struggles of workers in Santa Barbara and Ventura Counties, just north of Los Angeles.

Most of these problems stem from the fact that nearly half of these workers are undocumented immigrants, which means they live in constant fear they will be reported and returned home, where they may face not just crushing poverty but constant danger. So when they suffer abuse at work, they are more likely to do so silently. Continue Reading ›

An age discrimination lawsuit against the city of Milpitas near San Jose was settled recently for more than a half million dollars. The plaintiff also reportedly was offered a new job within the city. typing

According to the San Jose Mercury News, the settlement for $600,000 was to cover back pay and lost wages following her lay-off, as well as attorney’s fees. In addition to being given another job, she was also granted enhanced medical and retirement benefits.

Plaintiff worked with the city as an office specialist in the Building and Safety Department for 12 years, ending in 2012. She accused the city of age discrimination, retaliation and failure to prevent discrimination. Continue Reading ›

Almost all gender discrimination lawsuits in California are filed by women. It’s well-established that women as a whole are offered less prestigious jobs, are paid less, promoted less and are targeted more frequently for sexual harassment.sad

So is it ever valid for a male employee to file a gender discrimination claim? Before you roll your eyes at the notion, consider first of all that discrimination against a man simply because of their gender is just as illegal as if the roles are reversed. Now consider the case recently filed in Federal District Court in San Jose against Yahoo.

The former Yahoo manager lost his job after the company came under the direction of female chief executive Marissa Mayer. In his complaint, he alleges the quarterly performance review favored by Mayer is discriminatory against men. The process requires superiors to rank every worker on a scale of 1 to 5. Those ratings were integral in the firing of hundreds of workers since Mayer took over in 2012. Workers with the lowest of those rankings were routinely trimmed from the roles. Continue Reading ›

Much has been written about the lack of gender diversity in Silicon Valley. The problem has even birthed a few California employment lawsuits, with varied results. Most notable among those was the case of Ellen Pao, a junior partner, against her former employer and powerhouse venture capital firm, Kleiner Perkins Caufield & Byers. Pao lost her her bid for compensation spring, after jurors found there was not enough evidence of gender discrimination. iphone5

Now in the latest legal action against a technology giant, Twitter is accused of gender discrimination by a former engineer. Tina Huang claims she was forced out of the firm because she is a woman. She has the testimony of a former colleague to help back her claims.

However, Twitter has come out swinging, alleging that former colleague of Huang’s likely violated an employment contract by helping his friend land a job at the venture capital firm where he’d begun working. The company plans to file a motion to dismiss, claiming the allegations have no basis in truth.  Continue Reading ›

A California employment lawsuit against ride-sharing service Lyft was settled with an interesting compromise. driver

Workers involved in the class-action lawsuit asserted they were in fact employees, entitled to all the legal protections that entails. However, the mobile app argued the drivers were independent contractors, meaning they wouldn’t be entitled to minimum wage, workers’ compensation, overtime and other benefits.

Now, Reuters reports the company has agreed to expand certain worker protections and it’s paying $12.25 million to the drivers who are party to the lawsuit. However, it has not agreed to label the drivers employees. For the business, this eliminates a significant threat to its business model, but it could still leave drivers in a vulnerable place.  Continue Reading ›

According to a recent news article from HR.BLR.com, an employee was driving his personal vehicle when he was arrested and charged with drunk driving in California. At the time of his arrest, he was working for a major insurance carrier as a claims handler.

pintTwo weeks after his arrest, employer told him he needed to answer a series of questions, and he would face termination if he refused to answer these questions. He disclosed the details of his arrest. He was given a probationary sentence, where, if he were to abide by all terms of the court and prosecutors, they would dismiss his probation in two years. This is a fairly standard deal for first-time DUI offenders in California. Continue Reading ›

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