WHEN insurance companies issue a policy, they promise that they will take care of their policyholders when they suffer a serious loss to their home, their car, or their health. Life insurers promise that beneficiaries will be provided the benefits when they die. Disability insurers promise that payments will be made in the event of…

ACCIDENTS that result in serious injuries affect the injured person and his/her family in significant ways.  Rights to medical treatments, including who should pay for past and future medical expenses, and loss of earnings, may become issues.  Physical pains may be accompanied by emotional suffering as the person feels helpless and isolated, unable to pursue…

A DISABILITY insurance policy pays benefits when you are unable to work because of injury or illness. This allows you to meet your financial obligations, such as mortgage payments, or medical bills, while unable to work. Disability policies usually pay a fixed amount for a set period of time, such as five years or up…

LAST month, we discussed how unpaid wages were sought in a class action lawsuit filed against Dole Food Company by employees who claimed they were not paid for the time they spent putting on mandatory protective and sanitary clothing. Other companies had similar practices where off-the-clock work was not paid. Best Buy, for instance, required…

ELDER abuse is the neglect, exploitation or “painful or harmful” mistreatment of anyone who is 65 years or older or any disabled dependent adult aged 18 to 64.  It may take the form of physical violence, psychological abuse, isolation or neglect by a caregiver. It may also involve financial abuse such as identity theft, or…

CAN the employer legally fire a pregnant employee, who, after using up all her leave under California’s Pregnancy Disability Leave Law (the pregnancy law), is still unable to return to work? The laws prohibit pregnancy discrimination of pregnant employees.  Pregnancy discrimination is defined as discrimination on the basis of pregnancy, childbirth, and related medical conditions….

DENISE Steffens was a building manager for Regus Group, PLC, a company that rents out staffed office spaces. After Ms. Steffens raised concerns about possible employment violations by the company, she was fired. She sued the employer for wrongful termination in violation of public policy. The case went to trial and the jury awarded her…

“ After filing a work comp claim, the employee experiences an adverse employment action, such as demotion, decrease in pay, decrease of work hours, loss of benefits, assignment to unfavorable tasks, suspension, or even termination. Such actions contradict California law, which prohibits discrimination based on disability or medical condition.” Q: WHILE using one of the common…

Q: I WORKED in a company for more than 10 years. A new supervisor was recently transferred to my department. This person and I do not get along. Last week, our human resources director informed me that the company was letting me go and gave me my last paycheck. I don’t have any disciplinary record…

Q: CAN an employee be legally fired for job abandonment due to absence caused by an illness? Should the employer provide the employee with reasonable accommodations? A: California’s Fair Employment and Housing Act prohibits discrimination based on disability or medical condition. This law applies to employers with 5 or more employees. These employers may not…

Q: MY boss at work would slap or touch my buttocks, make comments about my breasts, or other parts of my body, and tell me to wear shorter skirts. He uses vulgar language and has called me “stupid bitch” a number of times. I’d like to file a sexual harassment claim but, unfortunately, I have…

MING Qu and Ying Wu were from China and enrolled at the University of Southern California (USC) to study electronic engineering. They were fatally shot while sitting in a parked BMW on Raymond Avenue, less than a mile from campus. Police say the students were killed during a robbery. The students’ parents filed a wrongful…

WYNONA Harris was hired to drive Santa Monica’s Big Blue Bus. About 40 days into her training period, she had an accident, which the City said was “preventable.” About three months later, Harris had a second preventable accident. Per the City’s guidelines, those who drive unsafely will not pass probation. Weeks later, Harris reported late…

Q: WORKING in a processing company, I am required to put on a special uniform and undergo sanitary inspections before I can start work. I have to come to work about 15 to 20 minutes early to do this to be able to clock in on time. When my shift is done, I clock out…

Why immigrant employees should fight for their rights IN December, just a few days before International Migrants Day, a federal jury ruled that a Los Angeles-based recruitment agency, Universal Placement International (“UPI”), and its owner, Lourdes Navarro, must pay $4.5 million to 350 Filipino teachers who were forced into exploitative employment contracts with UPI. The jurors found…

Q:As an hourly employee, my work schedule is 9am to 5:30pm. We swipe our ID through a time clock when we start and end our work. My supervisor often asks me to come in early or leave late to finish work. However, the total work hours in my pay stub is still 40 per week….

WE previously discussed the question of whether an employee’s signature to an independent contractor agreement binds the employee to the terms of that agreement. We noted that the law determines the worker’s status, not the parties’ agreement.  Even if there was such an agreement, workers who are treated as employees will not be bound by…

THE common belief is that signing an agreement binds an employee to all the terms in the document. But what if the agreement is illegal or a violation of public policy? Do employees have remedies? Consider the following question: Q: We work for a service-oriented company, which made us sign an “independent contractor agreement.” As…

LOOKING at the new iPad she received last Christmas, a young woman noted that it was “Designed by Apple in California, Assembled in China.” She asked what this meant, was the iPad made in the USA or not? In recent years, there has been the common lament that nothing is Made in USA anymore. There…

IN 2012, some very important laws affecting employee rights took effect. These laws included the Wage Theft Prevention Act, increased penalties for willful misclassification of independent contractors, the prohibition of using credit reports for employment purposes, additional protection to pregnant employees on health coverage for maternity leave, and allowing employees to dress consistently with their…

Q: I WILL be working on Christmas and New Year days. Am I entitled to holiday pay? A: Hours worked on holidays are treated like hours worked on any other day of the week. The law does not require payment of overtime or other special premiums for work during holidays, unless such work goes beyond…

NICODEMUS Plumbing, a company in Cypress, California was ordered to pay its 44 employees $858,840.20 in wages and $230,050 in fines for violations of California’s laws concerning overtime pay and record-keeping. The California Labor Commissioner’s office had investigated the plumbing contractor and found that the company failed to pay overtime to its employees. It accused…

TRAVELING technicians obtain over $8 million settlement for unpaid work time Lojack Corporation manufactures vehicle-tracking systems. Its technicians install and repair alarm and tracking systems for its clients. These installations and repairs are generally done at the clients’ locations. Technicians are required to travel to the job-sites in company-owned vehicles. They are paid hourly beginning…

IN an effort to keep labor costs down, some companies take shortcuts and break the law. One of these shortcuts is to classify workers as “independent contractors” so that they do not have to be paid minimum wage, overtime, missed breaks, and other benefits. There are also no deductions for taxes and Social Security. Some…

EMPLOYEES who are “on the clock” know that the employer must pay for work performed during this time. However, there are situations where it is not quite clear whether a work-related activity performed by an employee outside the regular 8-hour framework would still be compensable. The most important rule to remember is this: Time spent…

Q: I WORK as a “caregiver” for a disabled senior at a private residence. In addition to caring for the senior, I also cook, clean the house, and do the laundry. I work 5 to 6 days a week, at least 12 hours per day and as much as 14 hours per day. My employer…

ACCORDING to recent statistics, there are about 950 million active users on Facebook, 500 million on Twitter, and 150 million on LinkedIn. Not to mention the active users on MySpace, Google+, Instagram, Pinterest, and Flickr, to name just a few of the most popular social media sites that people frequent. The internet has become the…

FOR years, special interest groups funded by big business have been perpetuating the myth of “litigation explosion” to justify limiting the legal rights of consumers. Under the guise of “tort reform,” the myth is used to limit recoveries for financial losses or personal injuries suffered by consumers. (Tort deals with laws on personal injuries, wrongful…

IN 2008, the California State Controller’s office led a multi-state audit of the practices of 21 national insurance companies, to determine these companies’ compliance with state unclaimed property laws.  California’s unclaimed property program generally provides that businesses must send lost or abandoned financial accounts to the State after three years of inactivity in order to…

Q: AS an employee for a service provider company, I am paid an hourly rate and an additional piece rate if I respond to customer calls after hours. I often work more than 8 hours per day and on weekends. I am paid overtime based only on my hourly rate. Since I’m also receiving a…