“ Apart from becoming a cultural phenomenon, the phrase ‘me-too’ is actually found in the law, as when plaintiffs invoke ‘me-too’ evidence in support of their claims for damages involving sexual harassment and discrimination.” THE MeToo ampaign started about 10 years ago but only recently developed into a movement and exploded into public attention in the wake of news stories regarding Hollywood producer…
Q: I WAS severely injured in a recent car accident while returning to work on an errand. I had to undergo multiple surgeries. I missed several weeks of work and will need more time off for treatments. I am afraid to tell my employer about my need for more time off because I might be…
THIS is our yearly wrap-up of some of the new laws that were created or that took effect in California in 2017 to continue to protect employees: California Prohibits On-Duty and On-Call Rest Breaks The high court ruled that an off-duty rest break means a time during which an employee is relieved from all work-related…
Q: I AM a part-time hourly employee working in retail. I work between 20 to 30 hours a week. I recently got sick and had to be out for three days. I was told that I was not entitled to paid sick leave because I was a part-time employee. Is this right? A: No, you…
BETH Silverman worked as a Deputy District Attorney for the County of Los Angeles since 1994. In 2006, she joined the Major Crimes Division (MCD), an elite trial unit in the DA’s Office that prosecutes complex and high-profile homicide cases. In 2011, Gary Hearnsberger became the Head Deputy of the MCD and Silverman’s supervisor. Silverman…
Q: I work in a hospital on 12-hour shifts. During my meal break, I sometimes go to our break lounge to take a nap. My supervisor told me sleeping is forbidden. Since it is my 30-minute meal break, I feel that I should be able to spend it however I want. What are my rights?…
Q. MY employer brought me o merica o ork as live-in nanny for their youngest child. I would be paid $1,000 per month with weekends off. When we arrived in Los Angeles, my employer took my passport. At their home, I work 7 days a week, 14 to 16 hours per day. I take care of an infant and…
You’re entitled to back wages Q: I WORK at a customer service company that deal with private information. To protect our clients’ privacy, we use a lot of technology to keep information safe. However, the use of these technology often require us to spend approximately 5 to 15 minutes every day preparing for work. For…
A doctor’s note may save your job RUTH Featherstone worked for Southern California Permanente Medical Group. She suffered from a sinus condition that required surgery. After several weeks of disability leave, she returned to work without restrictions. A few days after returning to work, Ruth informed her supervisor that she was resigning effective immediately because…
CESAR Astorga worked as a maintenance supervisor at Snap-On Logistics Co., a power tools manufacturer. In 2002, while working, Cesar’s knees were injured when he fell from a scissor lift. He was absent from work a total of 9 1/2 months. In 2009, a 100-pound motor at work fell on him, further aggravating his knee…
IT was the spring of 1965, and in Coachella Valley, California, grape season was starting. Many of the workers in the grape fields were Filipinos, who had just discovered that they were being paid 15 cents less than former braceros (Mexican citizens who came to California to work in the fields). Braceros were making $1.40…
IN honor of Larry Itliong Day on October 25, this column will highlight the plight of immigrant workers and the new laws that were recently signed to protect them. California lawmakers recognize that immigrant workers are vital to California’s economy. Immigrant workers are also the most frequent victims of wage theft and exposed to the…
The media is awash with reports regarding Harvey Weinstein, the co-founder of movie companies Miramax and the Weinstein Company. Weinstein is accused of sexual harassment and sexual assault by employees and actresses. The complaints came from women both unknown (a temporary employee for one) and famous (Gwyneth Paltrow, Angelina Jolie, and Ashley Judd). As of…
SEVEN hundred forty-eight people have been shot and killed by police in 2017 nationwide, according to an ongoing project by The Washington Post. Of these shootings, mental illness played a role in 1 in 5 of incidents. In 2015, when the Post started this project, an analysis of 400 police killings found that 25% of…
Allen Buckingham, and three other employees, worked as “Implementation Advisor” or “Client Fulfillment Consultants” for Bank of America, N.A. They were classified as exempt by their employer and paid a fixed monthly salary. They were not paid overtime, regardless of their hours worked, and they were not provided meal or rest breaks. The employees were…
Q: I HAD to undergo surgery mid-way through my probation period as a new hire. When I told my manager that I needed to be off-work for several weeks to recover, and that my return date will not until be after the probation period had expired, my manager said not to bother returning, that I…
RICHARD Brown and Charles Ridgeway worked for Wal-Mart Stores Inc. as truck drivers in California. Wal-Mart paid them per miles driven and per activity (drivers had to input pay codes for certain activities) rather than hours worked. The drivers sued Wal-Mart in a class action claiming that Wal-Mart’s compensation plan violated California law because drivers…
Q: I HAVE recently joined the work force and received my first paycheck. When I reviewed my paystub, I see all these deductions. What are allowable deductions and what are not? A: A payroll deduction is essentially a subtraction of money from the employee’s paycheck so that the employee receives less than the promised compensation….
Q: I AM a single mom and I have worked for this company for several years. Recently, while talking with another newly hired male co-worker whose responsibilities are similar to mine, I discovered he was making as much as 50 cents more per hour than I am. I asked my branch manager why the new…
MS. Annie Cabrera* was a retired nurse, living out her life on her life savings from years of frugality, in a Pasadena house that she paid off before her retirement. She spent her golden years volunteering in many charitable organizations. One night, she was driving home after a successful church fundraising activity. She passed through…
MAYRA Casas and Julio Fernandez worked as sales clerks for Victoria’s Secret in California. Victoria’s Secret required them to follow two shift schedules: 1) the traditional shift which required them to show up at the store at the scheduled time; 2) the Call-In shift, where they were required to first call their manager two hours…
A SEPARATION package or a severance agreement is a contract between an employer and an employee who is about to leave the employer’s employment. In a typical severance agreement, the employer agrees to give the employee additional compensation (the severance pay) in exchange for the outgoing employee’s agreement not to sue the employer for any employment-related claims…
Q. My former employer did not pay me for overtime hours and missed breaks. Many fellow employees experienced the same thing but they are afraid because they think if they complain, they’ll be fired. I understand their fears and want to help them. Is there a way that I can claim wages on their behalf…
Q: I am a registered nurse in the Philippines but I have not yet obtained a license in California. However, I am working as a ‘private nurse’ to a bed-ridden patient in Los Angeles. My duties are mainly nursing duties – tube feedings, inserting catheter, tracheal suctioning, observing and recording vital signs, administering therapies prescribed…
(Why employees are suing Nike) OMRAN Hamid worked at a Nike store in San Clemente for 15 months. He filed a class action case against Nike, claiming, among other things, that Nike required its minimum-wage employees to buy and pay for Nike-branded clothes as a condition of employment. Hamid alleged that they had to wear…
WHEN John Barrie first started working as an office technician for California Department of Transportation (CalTrans), he informed his supervisor that he had allergic rhinitis. This made him extremely allergic to chemicals and scented products like perfumes and household cleansers. His supervisor informally accommodated him by asking employees to refrain from wearing strong perfumes and…
Protecting women’s rights at work CRYSTAL Losorelli worked as a correctional officer at a men’s prison in Chino, California. She became pregnant and requested light duty assignment. Crystal had asked for a similar accommodation in a prior pregnancy, which was granted by the employer. But this time, in response to her request, the employer reclassified…
“Independent contractors” lose employment rights “The most important factor to consider whether a worker is an employee or an IC is the employer’s right to control the worker in performing the job.” 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…
Reporting kickbacks and irregularities are protected activities STEVEN Babyak worked as a regional sales manager for Cardiovascular Systems, Inc., a medical device manufacturer. Throughout his three years at the company, he was consistently rated a top sales manager. Babyak complained to upper management, human resources and corporate legal counsel that the company may be violating several…
“If the employee worked more than 12 hours in a work day or in excess of 8 hours on the seventh day in a work week, the employee is entitled to double the employee’s regular rate.” OVER 1,300 call center-based nurses sued Permanente Medical Group, Inc., the medical group that staffs the Kaiser Permanente system,…
