Equal rights in parental leave benefits Q: I HAVE been working 4 years for a large company in Los Angeles. My wife just gave birth to our first child. When I asked my boss about parental leave, I was told that I could take off for 2 weeks and no more. I thought I was…

DOUGLASs Troester worked as a shift supervisor of coffee giant, Starbucks Corporation. As shift supervisor, he performed store closing tasks where he transmitted daily sales, profit and loss, and store inventory data to Starbucks’s corporate headquarters. He then activated the alarm, exited the store, and locked the front door. However, before performing these tasks, he…

“AVisa workers come to work in the U.S. hoping to better their lives and their families’. They work hard, and are less likely to complain about substandard working conditions. There are employers who exploit this situation for profit.” Q: I AM a Filipino worker petitioned by my U.S. employer to work as part of its…

Q: AS a newly hired employee, I have seen discriminatory practices against women and older persons in the company. I reported these to upper management and I was told something would be done. After following up on my report, I was told I was fired for “not being a team player.” What are my rights?…

TECHNOLOGY has dramatically changed the way that people work and earn a living in the 21st century. Instead of the traditional employer-employee model, companies who need services obtain them from the general public, leading to the formation of what is called the “on-demand economy” or “gig economy.” This has allowed the rise of alternative work…

Q: TWO weeks ago I was fired from work. My employer told me my last paycheck will be mailed to me by next payday. I have not received it yet. When I called the company to ask where my check is, I was told it was on the way. I waited again but still no…

WHEN Otisha Woolbright became pregnant, her doctor instructed her to stop lifting 50-pound trays of chickens at Walmart.  Ms. Woolbright informed her boss about this and her boss said she had seen Demi Moore do a flip on TV while pregnant so being pregnant was “no excuse.” Her boss also told her if she couldn’t…

(“Independent contractors” lose employment rights) EDUARDO Garcia worked 15-hour days as a port truck driver for Tradelink Transport. Even after working 15 hours, his boss would wave him back to work. If he said no, he would not be given work the next day. So he went back to work. Jovanni Castillo worked 20 hours…

“One contributing factor to the gender wage gap is pay secrecy.” Q: I AM a single mom and I have worked for my employer for several years. While talking with another newly hired male co-worker whose responsibilities are similar to mine, I discovered he was making 50 cents more per hour than I am. I…

PHARMACISTS employed by Albertson’s LLC in California sued their employer for missed meal and rest periods. The employees alleged that the employer did not provide them off-duty meal breaks and off-duty rest breaks. The employer argued that it did not have to provide off-duty meal breaks to the pharmacists because each of them signed an…

JOSELUIS Alcantar works for Hobart Service as a service technician travelling to Hobart’s customers to perform after-sale maintenance and repair services on equipment sold by Hobart’s parent company. Service technicians regularly drive to and from customer locations in company vehicles, carrying the tools and repair parts. Each technician is assigned to one of Hobart’s thirteen…

ON May 29, 2018, about 175,000 Starbucks workers at about 8,000 locations will undergo a training on race discrimination. The training session will focus on understanding both racial bias and the history of racial discrimination in public spaces in the United States. Starbucks announced the training session after two black men were arrested for allegedly…

TERMINATIONS can be difficult situations, particularly where employees see the firing as unfair. The following are some helpful guidelines in navigating this difficult time: First: Make sure that the employment relationship has ended and there is no misunderstanding about this. Employment may end by resignation, lay-off, or discharge. “Discharge” includes involuntary termination (being fired). Second:…

WE recently discussed the problems surrounding employees who are paid only by commission. One of the problems we pointed out was that commissioned employees are often shortchanged when it comes to their rights to rest breaks. Under California law, an employer shall not require an employee to work during a rest period. If an employer…

WORKERS generally lose when they are classified as independent contractors (ICs) instead of as employees. Companies misclassify real employees as ICs in order to save money. This is good for the employer but not for the employee. Just a few days ago, the California Supreme Court issued a ruling that favors the classification of workers…

MICHELLE McGrath and Veronica O’Boy worked for Wyndham Resort Development Corporation and its affiliates as Salespersons in California. Wyndham employed them to sell its goods and services such as interests in timeshare properties.  After a two-month training period, Salespersons are compensated only by commission and advances on commissions based on sales of Wyndham’s products and…

THESE days, employers generally know that gender discrimination, i.e., singling out someone for negative treatment just because of their sex, is illegal. Employers may have a handbook saying all the right words to discourage gender discrimination. However, the existence of an employer’s written anti-discrimination policy does not mean that it is followed in practice. Even…

Q: I work at a hospital and we heard rumors that our computer servers were hacked. As a result, both patient and employee information were stolen. I am very worried about identity theft and damage to my credit. What are my rights? A: Anyone who conducts business in California and owns or licenses computerized data…

Q: AFTER 12 weeks of medical leave for a surgery, I suffered new complications and my doctor told me I needed to take more leave time. I told my employer I could not go back to work yet and submitted my doctor’s note. Three days after I was supposed to be due back at work,…

INGRID Avendano, Roxana Lopez, and Ana Medina are female Latina software engineers employed by Uber, a multi-billion dollar company that provides on-demand transportation and food delivery services globally. The engineers sued Uber, on behalf on themselves and all aggrieved employees in California, accusing Uber of violating California’s Equal Pay Act for failing to provide equal…

WHAT happens when your employer faces difficulties paying a significant claim for wages? Information regarding the identity of the various “employers” becomes important when employees have serious claims for unpaid wages or wrongful termination. Sometimes a smaller company may not have the financial resources to compensate employees who suffered damages. If more than one company…

In 1995, José Arias, an undocumented immigrant, began work as a milker for Angelo Dairy. Two years later, Arias wanted to accept a job offer with another dairy company. The employer threatened Arias that if he left to work at the other dairy, the employer would report the other dairy to federal immigration authorities as…

TINDER is a smartphone-based dating app. Subscribers use the app to find people whom they would like to date. Tinder presents users with photos of potential dates. In March 2015, Tinder released a premium service called “Tinder Plus,” which allows users to access additional features of the app for a monthly fee. The monthly fee…

A FILIPINA domestic employee won her wage claims against her former employers after a court trial held in Los Angeles Superior Court. Linda Alzate (not her real name), an immigrant worker represented by Filipino-American employment lawyer, Joe Sayas, obtained a court judgment in the amount of $827,506, representing wages, legal interest, penalties, and attorneys’ fees….

DEBORAH Pierce, an emergency room doctor, brought a sex discrimination claim against the employer that had fired her. She had evidence that the employer had a pattern of denying women partnerships. However, because she signed an arbitration agreement, she was blocked from court and forced into private arbitration. The arbitrator was not a judge but…

JAMES Pearl was hired in 2002 by the Los Angeles Bureau of Sanitation. In 2006, he was promoted as a wastewater collection supervisor. In 2011, he was transferred to an office in Reseda. Pearl complained, alleging that it was retaliation for his complaint about a fellow worker’s misconduct. Pearl filed a discrimination complaint with California’s…

Q: I have just entered the work force and I work in the service industry on 12-hour shifts. My supervisor says I am entitled to one 30-minute lunch break and two rest breaks of 10 minutes each. A co-worker said it should actually be two lunch breaks and three rest breaks because we work 12…

Q: I work as a travelling technician or  ompany. Recently, my employer asked me to sign an “independent contractor” agreement and told me that I will now be receiving a 1099 instead of a W-2. Being on 1099 allows me to take home all my pay with no withholdings. But is there anything else I should know…

M.F. worked for Pacific Pearl Hotel Management, LLC as a housekeeper at its five-building hotel property. One morning, the hotel’s engineering manager saw a drunk trespasser with a beer in his hand walking inside the hotel and using the elevator. The manager did not tell the trespasser to leave, and did not report him to…

KETRYN Cornell has been diagnosed as severely obese since childhood with a body mass index of over 50. Her weight interferes with daily life functions, including bathing and walking. She cannot stand for more than an hour, cannot walk more than a mile at a time, and experiences shortness of breath from engaging in basic…