A recent $20 million award reflects a jury’s clear displeasure with an employer’s refusal to allow a disabled employee a simple accommodation: to sit during his work shift to alleviate pain stemming from a spinal injury. After the hotel he worked at underwent a major renovation in 2019, Daniel Callahan found that his concierge station…
A lot of attention has been focused on so-called “junk fees,” hidden fees that often take consumers by surprise in the final stages of a transaction. A new law from the California Legislature have now made such “junk fees” illegal in the State of California. Junk fees came into prominent national attention with complaints from…
A lot of attention has been focused on so-called “junk fees,” hidden fees that often take consumers by surprise in the final stages of a transaction. A new law from the California Legislature have now made such “junk fees” illegal in the State of California. Junk fees came into prominent national attention with complaints from…
THIS coming year offers new legislation that are beneficial to working men and women in California. Minimum wage increase Effective January 1, 2024, the minimum wage in California will increase to $16 per hour applicable to all employers in the state. It should be noted, however, that cities and counties across California have their own…
Q: I AM a marketing executive with decades of experience. I am very good at my job and was promoted almost 2 years ago to a director position at my company. About a year ago, I was diagnosed with a congenital heart condition that required I get a pacemaker. I told my boss about it…
A recent jury verdict in Los Angeles Superior Court provides a strong reminder employment laws in California provide strong protections for workers who must go on a leave of absence to take care of a sick family member. The jury awarded Berta Sosa, a former Banking Center Manager for Comerica Bank, just under $14.17 million,…
Camile Almada worked as a caregiver for elderly clients assigned to her by her employer, Heaven Heights. However, Ms. Almada was treated and paid as an independent contractor, which meant that she was not paid overtime or given the other benefits and protections guaranteed to employees under California law. When she complained to Heaven Heights,…
Q: I am a college graduate in business management from the Philippines who migrated to the United States. I got work as a caregiver at a nursing facility. After a few years, I was promoted to a supervisor position: still providing direct care but also overseeing other caregivers. The patients and my co workers like…
Interfering with or denying right is unlawful I HAVE worked full time with my LA-based employer as an administrative assistant for more than 5 years. The company employs more than 50 employees. I have been sick on and off due to some respiratory issues. Initially I was absent for one and a half weeks in…
Ernie Flores worked for about two years as a school principal for the Palo Verde Union School District in Tulare County, California. The students within the school district are predominantly Hispanic and Spanish was their first language. During Flores’ tenure as principal, student enrollment at the school increased. No one on the school board expressed…
You may not be paid wages for all hours worked You may not notice, but some employers round down work hours and pay lesser wages for hours other than those recorded. The so-called “rounding down” practice occurs when employers reduces to the nearest 5 minutes, or one-tenth of an hour, or quarter of an hour….
Q: I AM a trained electrician from the Philippines but I do not have a license here in California. I have worked on projects for my company for almost 5 years, but I haven’t been paid a lot of overtime. Other workers at the job site have the same problem. My company says that they…
Q: I WAS recently diagnosed with an illness that will require surgery and weeks of recovery. I’m worried about my job and someone suggested I should inform my employer and request accommodation so the “interactive process” can begin. What is the interactive process and what should I expect from it? A: In California, employers with…
IF you’ve watched the news lately, you’ve probably seen the shocking videos of smash-and-grab mobs stealing merchandise from some high-end stores. The news media have been playing these eye-catching videos along with interviews of corporate retail executives decrying a supposed loss of law and order highlighted by these high-profile thefts in retail workplaces. These organized…
New law makes junk fees illegal in California A lot of attention has recently been focused on so-called “junk fees,” hidden fees that often take consumers by surprise in the final stages of a transaction. A new law from the California Legislature, which was recently signed by Governor Gavin Newsom have now made such “junk…
Ernie Flores worked for about two years as a school principal for the Palo Verde Union School District in Tulare County, California. The students within the school district are predominantly Hispanic and Spanish was their first language. During Flores’ tenure as principal, student enrollment at the school increased. No one on the school board expressed…
A pending settlement in a class action filed by fitness instructors against Equinox— an operator of high-end luxury gyms in major cities throughout the United States— reminds us that employers who don’t take seriously the strict wage-and-hour laws in California likely do so at a price. A class action was filed against Equinox on behalf…
Unlawful actions committed by separate business entities that perform employment-related tasks on behalf of an employer can be held equally liable for discrimination. This rule was made clear in a recent decision from the California Supreme Court. Plaintiff Kristina Raines applied for a position as a Food Service Aide with a company called Front Porch…
IN a recently-concluded federal case an employer’s retaliatory conduct in Georgia, turned an unpaid wage bill of $915 into approximately $40,000 in liability, illustrating precisely what an employer should not do in the face of the anti-retaliation protections for employees in our employment laws. After Andreas Flaten resigned from his job at 811 Autoworks LLC,…
Pablo, a hardworking Filipino mechanic and naturalized U.S. citizen,, worked in Los Angeles for 23 years and earned enough to retire. However, he was persuaded by an insurance agent to transfer his retirement money to a complex insurance policy known as an equity-indexed annuity. He was further induced to transfer the funds to a second…
IF you’ve watched the news lately, you’ve probably seen the shocking videos of smash-and-grab mobs stealing merchandise from some high-end stores. The news media have been playing these eye-catching videos along with interviews of corporate retail executives decrying a supposed loss of law and order highlighted by these high-profile thefts in retail workplaces. These organized…
You may not be paid wages for all hours worked You may not notice, but some employers round down work hours and pay lesser wages for hours other than those recorded. The so-called “rounding down” practice occurs when employers reduces to the nearest 5 minutes, or one-tenth of an hour, or quarter of an hour….
Many reading this may be surprised to learn that domestic workers are not protected by the important workplace health and safety laws applicable to other California employees. A new law recently passed by the California State Senate, the Health and Safety for All Workers Act (SB 686) might soon change that. When the California Occupational…
Q: I WAS recently diagnosed with an illness that will require surgery and weeks of recovery. I’m worried about my job and someone suggested I should inform my employer and request accommodation so the “interactive process” can begin. What is the interactive process and what should I expect from it? A: In California, employers with…
Recent decisions from California courts remind us that California’s employee protections apply in this work-from-home era we’ve found ourselves in since Covid. When California issued its March 19, 2020 stay-at-home order due to the Covid-19 pandemic, IBM Corporation instructed its employees, including Paul Thai, to work from home. In order to accomplish their work duties,…
Q: I AM a trained electrician from the Philippines but I do not have a license here in California. I have worked on projects for my company for almost 5 years, but I haven’t been paid a lot of overtime. Other workers at the job site have the same problem. My company says that they…
Courts protect identity of undocumented employee A recent decision from the California Supreme Court reminds us that employee protections found in California law apply to ALL employees, without regard for immigration status. In the case of People ex rel. Garcia-Brower v. Kolla’s Inc., a nightclub employee had complained to the owner that she was not…
Q: I work part-time as a caregiver for a family, taking care of a senior in their house overnight. I start work Tuesday nights at 10:30 p.m. and stay until 6:30 a.m. Wednesday morning, and then again on Thursday night at 10:30 p.m. until 6:30 a.m. Friday morning. My job is mostly to make sure…
IN a recently-concluded federal case an employer’s retaliatory conduct in Georgia, turned an unpaid wage bill of $915 into approximately $40,000 in liability, illustrating precisely what an employer should not do in the face of the anti-retaliation protections for employees in our employment laws. After Andreas Flaten resigned from his job at 811 Autoworks LLC,…
Pablo, a hardworking Filipino mechanic and naturalized U.S. citizen,, worked in Los Angeles for 23 years and earned enough to retire. However, he was persuaded by an insurance agent to transfer his retirement money to a complex insurance policy known as an equity-indexed annuity. He was further induced to transfer the funds to a second…
