CHRISTOPHER Mendoza and Meagan Gordon are former sales associates of Nordstrom, Inc., a retail chain with locations throughout California. Mendoza and Gordon worked more than six consecutive days in a week with some shifts that lasted six hours or less. Both employees sued Nordstrom claiming that the employer failed to provide them the required day…

Q: I worked in a company for over 10 years. A new supervisor and I do not get along. Last week, the company let me go without any explanation. I don’t have any disciplinary record. Can the company just fire me without a good reason? A: Yes, an employer may fire an employee without a…

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…

Q:I WORK as a nurse at a hospital that has a strict policy of no unapproved overtime, and no going on breaks unless we are relieved by another nurse. We are forced to skip our breaks if there is no reliever (which happens a lot because we are often understaffed). As for overtime, we don’t…

CYNTHIA Begazo, then 53 years old, was hired in March 2015, as the Human Resources Director at Passages Malibu, an addiction treatment center in Malibu, CA. Shortly after starting work, she learned that some workers were not being paid overtime and were not provided meal and rest breaks. She reported this to the CEO, Pax…

“ Courts have recognized two types of sexual harassment. One is called quid pro quo harassment, which exists when to a sexual conduct is made a condition of employment benefits, such as a promotion, a pay increase, or a job itself. The second type involves harassment created by a “hostile environment.” This claim may arise…

WHEN is the Use of Deadly Force by Police Unreasonable? The Fourth Amendment of the U.S. Constitution protects persons from unreasonable search and seizures, including the use of excessive or deadly force. The U.S. Supreme Court ruled, in the case of Tennessee v. Garner, that an officer cannot use deadly force against a fleeing suspect…

TERRY Lafitte was a 49 year-old black man riding his bicycle in the dark of night in South Central Los Angeles. Two sheriff’s deputies, in their squad car, saw that Lafitte’s bicycle did not have safety light reflectors attached to it. The deputies also claimed that that they thought Lafitte was drunk. The deputies tried…

Q: I WORK as a “team member” in the service industry in Los Angeles. Before we clock-in for our shift, we are required to attend a “huddle,” or a meeting where we discuss events during prior shifts, our assignments, etc. These “huddles” last 15 to 20 minutes every day. Should we be paid for these…

Should they be paid additional wages? JAIMIE Quinby, Linda Gomes, and Eric Fontes worked as “General Managers” (GMs) for ULTA Salon, Cosmetics & Fragrance, Inc. (ULTA) in its California locations. The GMs sued ULTA for unpaid overtime wages and missed meal and rest breaks. Now, one may ask: Aren’t managers exempt from overtime and the…

Q: I WAS diagnosed with herniated disc and severe anxiety. I want to request leave but want to keep my privacy at work. Do I need to tell my employer about my medical or psychological condition?  A: No. The employee is not required to disclose the nature of the employee’s medical condition or disability (i.e.,…

RICARDO Vaquero and Robert Schaefer worked as Sales Associates for Stoneledge Furniture, a retail furniture company. Stoneledge paid sales associates on a commission basis, based on the company’s Commission Compensation Pay Agreement. If a sales associate did not earn “Minimum Pay” of at least $12.01 per hour in commissions in any pay period, Stoneledge paid…

Q: I WORK in the service industry and I often receive performance bonuses on top of my hourly rate. I also work a lot of hours (50 to 60 hours!) per week.  My friend recently saw my paystub and said my overtime pay is wrong because it doesn’t include my bonus. Is this right? How…

Q: TWO years ago, I signed up with an agency to work as a nursing assistant assigned to patients in private homes. Recently, the agency asked me to sign a document stating that I am an “independent contractor” and I was now going to be a “1099 worker.” I received a W-2 before this. I…

COREPOWER Yoga (CPY) owns a chain of yoga studios throughout the country, including at   least thirty-one studio locations in California, and offering yoga classes throughout the day. CPY operated a “Yoga for Trade” (YFT) program where studio managers scheduled yoga students for shifts during which they cleaned and performed other project-based work at the…

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…

SEXUAL misconduct in the workplace is more common than most people think. In many instances, victims do not complain for fear of retaliation, of being disbelieved, or for sheer embarrassment. However, it is only by filing a complaint can a victim of sexual misconduct at work obtain justice. Consider the following story from an actual…

THE current political environment has disturbed many immigrants. The administration has touted that immigration laws will strictly be enforced, with tough talk on rounding up immigrants for deportation. This has sowed fear and confusion among immigrants, especially the undocumented. Immigrant workers are especially vulnerable to threats as many employers exploit immigrant workers for cheap labor….

Q: I HAVE been working five years for a company (with over 200 employees) in Los Angeles. My wife just gave birth to our first child. Being a new father, I want to be there and bond with my new baby. When I asked my boss about parental leave, he laughed at me. But when…

Is non-admission of guilt the same as innocence? SONNY Low is a 71-year old San Diego resident, who took the free introductory Trump University seminar. Trump University persuaded Low to pay $1,500 in order to attend another seminar. During the second seminar, Low was told that he needed to have a mentor in order to succeed…

Mary Burns worked as the women’s basketball coach at San Diego State University (SDSU) for 16 years, and was considered the “winningest coach in SDSU women’s basketball history.”  However, during her tenure, Burns lodged several complaints to the school regarding unfair treatment of the women’s basketball program, because the school “prioritized men’s sports over women’s…

ABM Security Services, Inc. employed about 15,000 current and former security guards at residential, retail, office, and industrial sites throughout California. In 2005, Jennifer Augustus and two other security guards, filed a class action case against ABM on behalf of all ABM security guards. The complaint accused ABM of failing to provide uninterrupted rest breaks…

This is our yearly wrap-up of some of the new laws created in California this year to continue to protect employees: Gender Pay Equality Law Expanded Beginning January 2016, an employer shall not pay employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, and performed…

Q: I WAS diagnosed with early stage cancer a few weeks ago. I can still do my job but I will need about 5 hours off from work every week for 3 months for medical treatments. I asked my manager for intermittent leave. When he refused, I emailed him information from the Labor Commissioner’s office…

(And can employees use their paid sick time to care for family members?) 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…

KIMBERLY Murphy worked at a Caremark CVS pharmacy in California. As a pharmacy employee, she was required by her employer to undergo a security inspection of her bag every time she leaves the store. The employer also required employees to label items brought from home or items purchased at the store. This policy applied to…

(Injured persons’ immigration status not subject to inquiry under new law) ON October 23, 1979, Jesus Rodriguez was injured in a traffic accident after being hit by a vehicle driven by Samuel Kline. As a result of his injuries, Rodriguez could no longer work at his usual job. Rodriguez sued Kline in court and won…

(Liabilities of “joint employers”) Q: I WORK as a manager for a fast-food franchisee with three stores in Los Angeles. While my title is “manager” I spend 70 percent of my time doing cashier and cook duties. I work 10 to 12 hours per day, 6- 7 days per week, but not paid overtime. The…

Q: I HAVE a heart condition that has become worse recently. I need to see my doctor periodically or when I feel dizzy or short of breath. This means I need to request a half day off every now and then to see my doctor. I am afraid to tell my boss because I may…

THE Uber app allows riders to call, arrange and pay for taxi cab rides and other transportation services electronically via their mobile phone. On September 9, 2012, Caren Ehret used the UberTAXI option to arrange for a taxi ride in her city. When she signed up for the taxi driver to come pick her up,…