ON April 27, 2014, in Compton, CA, L.A. County sheriff’s deputies were called to a Target store, where a theft was allegedly occurring. Police arrived at the scene and confronted 36-year old Jason Conoscenti. Conoscenti had a pair of scissors and apparently threatened the officers with it. He then fled in a vehicle, and was…

ADAM Prue worked for the Brady Company, a construction company in San Diego, CA. Prue was injured at work and suffered a hernia in June 2011. Because of this, Prue filed a worker’s compensation claim with the company. Prue requested light duty work, fewer scheduled days so he could rest, and assistance from his apprentice. …

“ Larry Itliong, his struggles, and his legacy continue to be relevant to the workers of today, particularly immigrant workers who face similar challenges in the workplace. For example, present-day workers continue to face the realities of inequitable wages in the form of wage theft, where employers keep or take away monies that rightfully belong…

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.,…

THERE are valid overtime or meal break claims that may be too small to require a lawsuit. The litigation may cost too much and the payoff for one employee may not be worth the problem. However, an employer’s wage violations should be stopped, especially if it affects other employees. Hence, employees who experience the same…

ON Christmas night in 2013, 19-year-old Asa James Dolak was having a domestic dispute with his ex-girlfriend, who is also the mother of his two-year-old son. The dispute ended with Dolak attacking his girlfriend with a knife and setting her apartment on fire, while their two-year old son was still inside. Firefighters were able to…

Q: THANK you for keeping us updated on the latest employment laws. I work as a caregiver/housekeeper for a senior couple in Los Angeles. Back in 2014, they started paying me overtime because they said it was the new law. But I heard from another caregiver friend that this new overtime law is only temporary…

Q: I AM a Filipino worker petitioned by my U.S. employer to work as part of its IT staff in California. My employer pays me only half the agreed rate and there are a lot of “fees” that are deducted from my pay. I work 10 to 12 hours, 5 to 6 days per week,…

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…

Q: I AM a salaried employee exempt from overtime. I often work more than 40 hours per week. However, there are days when I work less than 8 hours per day. For example, last week, due to a personal emergency, I was able to work for 6 hours only. When I work less than 8…

Q: I WORK for a temp agency with headquarters outside California. As a condition of work, I agree to report to a location anywhere in Southern California assigned by the agency and I have to wait to be given work. Often, I report to a location and I am assigned work only after 3 or…

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…

(Why misclassification of workers is a social justice issue) ON September 10, 2013, 53-year-old Faustino Solorio was a pedestrian standing on the shoulder of the road behind the tailgate of a truck. At this same exact time, 18 year-old Gunnar Ayala was driving his father’s car, having just finished his shift as a delivery driver for…

” California law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, and performed under similar working conditions.” Dandan Pan started work at Qualcomm, Inc. as a Market Analyst in 1993. In 2015, she was a Director…

“The new California law clearly states that a person who takes a photograph or makes an audio or video recording of a police officer (or any public officer), while the officer is in a public place, is not violating the law. Even if the officer is not strictly in a public place, the act of…

FIVE year-old Jane Fine* was walking along the sidewalk on Green Street with her parents, trying to peer into the shops which displayed brightly colored toys. The Fine family was taking Jane out for a frozen yogurt treat in the city’s shopping district. While the Fine family was making their way to the yogurt shop,…

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…

Ninoos Benjamin worked as a Director of Economic Division of the City of Los Angeles’ Community Development Department (CDD). According to several news outlets, Benjamin sued the city claiming retaliation for his whistleblowing activities and for refusing to take sides in a race turf war between African-American and Latino managers in the department. When he…

THIS column has often stressed the general rule that most employees should be paid overtime rate if they work more than 8 hours per day or 40 hours per week.   However, there may be exceptions in the case of some who work in certain industries.  It is in this instance that the employers’ classification…

Q: MY workplace installed a new time recording system where employees are required to provide our photos and fingerprints to be able to clock in and out for work. I am concerned about all the personal information my employer already has about me – my name, address, phone number, Social Security number, bank account, my…

Why non-discriminatory conduct can still be illegal retaliation FOR about 19 years, Maria Montoya worked as a police officer with the Los Angeles Police Department. In November 2011, while on vacation, she suffered a back injury. On Nov. 28, 2011, she sent her employer her doctor’s note, stating that she needed to be on leave…

ON January 1, 2016, the minimum wage in California became $10.00 per hour. Most employees in California are entitled to be paid at least the minimum wage. On April 4, 2016, California’s governor approved a new law that will increase California’s minimum wage every year until it becomes $15 per hour by 2022. This new…

Q: I HAVE been working at this company for 4 years and in my industry for 15 years. I just found out that a newly-hired male co-worker who is doing work similar to mine is being paid the same amount of wages as I am. This new hire has been working in the industry for…

Q: I RECENTLY heard from a friend who sued her employer for unpaid wages. However, the court threw out her case and she had to go to “arbitration.” She said she lost because the arbitrator was biased and she could not appeal. My company is now asking me to sign an “arbitration agreement.” What should…

Q: MY job title is “manager.” I work at least 10 hours per day, 6 to 7 days per week. While I supervise a few employees, I mostly do the same tasks they do. I cannot hire or fire anyone. My employer insists that since I am salaried and paid double the hourly minimum wage,…

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…

MS. Olivares worked as a dental assistant for Colton Dental Group (CDG) which is owned by dentist, Sam Dason. In May 2011, Dason told Olivares that employees from his San Bernardino office would be attending a dental convention in Las Vegas and invited her to come. After confirming that her coworker, Karen, can join her,…

YOWAN Yang worked for ActioNet as an information technology technician. ActioNet is a contractor providing technical support to the Federal Aviation Administration (FAA). Cy Tymony was another technician who worked with Yang on the same team. Yang worked four feet away from Tymony’s cubicle. On July 24, 2012, Yang and Tymony had an argument about…

ACCORDING to the National Equal Pay Task Force, for every $1 that men earn, women earn only $0.79. This is true for nearly all industries and for most women in any pay grade. Even when female employees are making a lot of money, they are still not making as much as their male counterparts. Consider…

Luis Castro-Ramirez was hired to work as a truck driver by Dependable Highway Express (DHE) in 2010. During his hiring, he told DHE that he had a disabled son who required dialysis every day and he (Ramirez) was responsible for administering the dialysis. He requested his employer that he be given driving assignments that would…