Can employer legally fire employee for exceeding pregnancy leave?
Q: I work for a large company and recently took a leave of absence due to pregnancy disability. My pregnancy was high-risk and I used up all of my 4…
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More protections for ‘temps’ and subcontracted employees
Q: I WORK at UX Corp, a big national processing plant. However, I am employed by ABC Agency, a subcontractor of UX Corp. ABC Agency pays my wages. We often…
When immigrant workers are injured at work
National origin is not a bar to recovery Immigrants are a growing part of the labor force in the United States. According to the Bureau of Labor Statistics, in 2014,…
Ex-lovers’ quarrel lead to disclosure of private medical information
Privacy suit filed against doctor and hospital Norma Lozano was a patient at UCLA Medical Center. According to the Daily Journal, she had been fighting with Dedreck Harris, her ex-boyfriend….
Victoria’s Secret employees sue for payment of ‘call-in’ time (How to recognize & get paid for all ‘work time’)
Mayra Casas worked as a sales clerk for Victoria’s Secret in one of the company’s California stores. Casas claimed that she, and other employees, were required by the company to…
Honest employees who do the right thing are protected from retaliation
ROBERT Wascher, M.D. began working as a cancer surgeon for Southern California Permanente Medical Group (“Kaiser”) in 2009. He was the only specialty-trained cancer surgeon for Kaiser’s 440,000 patients in…
Accommodating injured employees at work
Employer’s failure may be disability discrimination PATRICIA Hancock was a warehouse worker for Time Warner Cable for 8 years in its Bellflower facility. Part of her job was to pull heavy…
‘Dress Code’ required at work: Should employees pay the cost?
“ California law allows employers to require its employees to wear uniforms as a condition of employment. Employers may prescribe the weight, color, texture, style, form, and make of uniforms…
Business establishment’s duty to protect the privacy of its employees and customers
SEARS Department Store in North Hollywood, California, hired Alejandro Gamiz in 2005 as a maintenance worker. From 2009 to 2012, while working for Sears, Gamiz created peep holes in the…
Must employers provide paid sick leave?
Q: I WORK for a temp agency as an hourly employee and I recently got sick. I asked the employer if I was entitled to paid sick leave. I was…
Delay in payment of wages entitles employees to additional pay
Q: SEVERAL days ago, I was terminated from work. To add insult to injury, my employer has not given me my final pay. When I called to ask the status…
Employee’s firing for refusal to delete data found unlawful
ELAINE Allyn has worked as the Director of Educational Technology for Fallbrook Union Elementary School District in San Diego County for about 18 years. In early August 2011, Allyn’s boss,…
Uber’s loss is a win for workers!
Why workers should fight for employee status “UBER driver deemed employee by Labor Commissioner” is a headline. Why should this matter? Because employees receive more, in terms of pay, and…
Jury awards $6.5 million to exotic dancers for tips taken & wages unpaid by employer
CUSTOMERS give tips in appreciation for the service of waiters, bellboys, hotel maids, valets, drivers, and even performers who sing and dance. Can employers demand a share of these tips…
Should I allow my employer to disclose my name and contact information to attorneys in a class action?
Q: MY employer has been sued in a class action by another employee who is trying to collect unpaid wages. All the employees, including me, received a Notice from an…
Empowering an employee to serve as Private Attorney General
Q. I WANT to file a wage claim against my employer for unpaid overtime hours and missed breaks. Some of my fellow employees, who also have unpaid overtime and missed…
Employer cannot forfeit wages that employees already earned
BETWEEN 2005 and 2013, Sheri Garibaldi worked as a part-time teller for Bank of America (BOA), in its branches in Belmont and Foster, California. Garibaldi was classified as a “20…
Men may also suffer gender/sex discrimination at work
WE often hear about women being denied a job, a promotion, or higher pay because the employer preferred to give the job, promotion or more money to a man. In…
Fired at work for doing the right thing – when is retaliation illegal?
CHRIS Cerbone was hired as a head football coach and physical education teacher at a private high school in the summer of 2012. According to news outlets, sometime in December…
Private assistive personnel or home health aid are entitled to overtime
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…
Firing of employee after 12-week medical leave may be disability discrimination
OUR client, Teresa,* has always lived with a serious lung condition since childhood. Although Teresa knew that her condition limited her activities, she did her best to live a productive…
Employer held liable for employee’s sexual misconduct outside the workplace
S.W. was 15 years old when Luis Morales offered her a job at US Metro Group, Inc., where Morales worked. S.W., who was best friends with Morales’ daughter, accepted Morales’…
US Supreme Court sets rules for identifying pregnancy discrimination at work
PEGGY Young worked as a part-time driver for United Parcel Service (UPS). Her responsibilities included pickup and delivery of packages that had arrived by air carrier the previous night. In…
Cheerleaders suffer wage theft, recover back wages
LAST year, we discussed the lawsuit filed by the Raiderettes, the cheer squad for the Oakland Raiders, who sued their employer for back wages and reimbursements. The lawsuit claimed that…
What is a true salaried employee?
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…
When is an employment termination ‘wrongful’?
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…
Should piece-rate employees be paid separately for rest breaks?
When employees are entitled to additional pay Q: I AM a full-time employee at a company that pays us on a piece-rate basis for every task that we finish. For…
Doctor’s whistleblowing leads to illegal retaliation, $10 million settlement
IN April 2009, Robert Pedowitz, M.D., was hired by the University of California Los Angeles (UCLA) to become chairperson of its Department of Orthopedic Surgery. In the first year of…
Meal break or extra pay for those working more than 12 hours
When meal waivers don’t apply SOME employees work 12-hour shifts, such as nurses, therapists, technicians, or even caregivers and domestic employees. Because of the realities of their job, especially for…
Double-check your ‘fixed salary’ status – you may be owed back wages
(Part 2) LAST week, we discussed the case of a class of “Review Appraisers,” employed by Bank of America (BoA), who recently obtained approval of a settlement for $5.8 million….