Why employees should look at their paystubs JULIE Gunther started working as a flight attendant for Alaska Airlines in 2015. In 2017, she sued her employer in a class action, claiming that Alaska Airlines did not provide her with accurate itemized paystubs. This led her to question whether she was in fact paid properly for…
“California law prohibits discrimination based on disability or medical condition. The employer has a duty to provide reasonable accommodation to disabled employees to enable them to work despite their disability.” ALEJANDRO Gonzalez worked as a loader coordinator for Swissport, a company which provides airport ground and cargo handling services. Gonzalez worked at Swissport’s LAX location…
STANLEY Vincent worked as a Patrol Officer for the California Highway Patrol for seven years. The Daily Journal reports that Vincent was fired from his job when he took three weeks of leave so he could look for his missing mentally disabled sister. Vincent sued, alleging that the employer’s failure to grant his requested leave,…
Q: Because of the Stay-at-Home order in California, my employer has sent me home on a “work furlough” without pay. It has been more than a month and I still have not been asked to go back to work. Is a work furlough a termination? What are my rights? A: The COVID-19 pandemic threatens, not…
LAST week, CNN reported that 10 nurses from Providence Saint John’s Health Center in Santa Monica, California were placed on administrative leave for demanding N95 masks while treating COVID-19 patients. The nurses were suspended with pay for refusing to enter COVID-19 patient rooms without N95 masks. The hospital told the nurses that there were no…
AS of this writing, the new coronavirus (COVID-19) has infected over two million people globally, and more than 145,000 have died. The outbreak has understandably created worldwide anxiety since the first cases were reported in Wuhan, China in late 2019. But aside from the panic created, the pandemic has also exposed a deep-seated xenophobia, the symptom…
INSTACART is one of the largest grocery delivery services in the United States. Instacart allows its customers to shop their local grocery using a mobile app or the website. The virtual shopping cart is filled out by an Instacart worker, called a “personal shopper,” who goes out to buy the groceries at the grocery store…
THESE are challenging times for California small businesses. Restaurants, retail stores, and other services sustained (and continue to sustain) coronavirus-related losses. Their damages resulted from severe business interruption, event cancellation, loss of supply chains, and loss of customers among other damages. However, business owners may seek to obtain payments for losses if their business insurance…
Q: I read about severe cases of COVID-19 infections requiring several weeks of recovery. Can the employer fire me while being on leave due to this illness? Do I have remedies? A: The California Family Rights Act (CFRA) protects employees’ rights to take a leave of absence due to the serious health condition of the…
Q: I work for a company that provides 40 hours of paid sick leave. This is about five days of work. If I ever need to take leave due to COVID-19, five days may not be enough. What are my options? A: As of this writing, the recorded cases of COVID-19 is approaching 11,000 in…
Q: I am a working parent with a school-age child, who has been sent home due to fears of infection from the coronavirus. My work entails interacting with people throughout the day. I want to take precautions, practice social distancing, and self-quarantine if necessary. However, I am worried about my job. What are my rights…
(Yes, if employer has control over employees) OVER a decade ago, four truck drivers sued Wal-Mart claiming Wal-Mart violated California’s meal and rest break laws. As part of their job, truckers would travel a wide range of routes, to different locations, hauling different freight. Wal-Mart paid truckers through an “activity-based pay system,” which included pay…
RIOT Games, Inc. is a multi-billion dollar video game developer, with headquarters in Los Angeles, operating in 24 offices around the world and employing about 2,500 workers, 80% of them male. Riot Games’ employees, Melanie McCracken and Jessica Negron, sued their employer in a class action, alleging that female employees in the company were denied…
AMANDA Frlekin and others worked for Apple Inc. as retail store employees in its retail stores in California. Apple requires them to undergo exit searches pursuant to its “Employee Package and Bag Searches” policy, which imposes mandatory searches of employees’ bags, packages, purses, backpacks, briefcases, and personal Apple technology devices. Failure to comply with this…
And which of them should pay back wages? ELVIA Jimenez worked as a direct employee for Ameritemps, a temporary employee staffing service. Ameritemps placed Jimenez with U.S. Continental Marketing, Inc. (USCM), a manufacturing company that makes shoe care products. Jimenez was performing a supervisory role as a line lead in USCM’s production department, overseeing both…
JEREMIAH Matthews worked as a cook and a maintenance supervisor for Happy Valley Conference Center. Happy Valley is an affiliate of the Community of Christ Church and hosts seminars, retreats, and camps for church members in their property. Mathews was supervised by the executive director, Melinda Gunnerud. Gunnerud frequently flirted with younger male employees. Gunnerud…
ON January 29, 2020, the FBI conducted a raid of the Kingdom of Jesus Christ, the Name Above Every Name church in Van Nuys, California. During the raid, the federal authorities arrested three top administrators for the church. The FBI alleged that the church was engaging in immigration fraud and human trafficking. The raid and…
VIRGINIA Hoover worked as a radiology technologist for a Dignity Health hospital for 24 years. In December 2012, her arm was injured while she was preparing for a CT scan. The injury resulted in medical restrictions, including the prohibition of lifting more than 15 pounds. She also had to go on a lengthy leave of…
Q: I was diagnosed with a spine compression fracture and severe depression. 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…
WHAT is the new minimum wage? Effective January 1, 2020, the minimum wage in California will be $12.00 per hour for employers with 25 employees or less. For employers with 26 employees or more, the minimum wage is now $13.00 per hour. Most employees in California are entitled to be paid at least the minimum…
THE California Family Rights Act (CFRA) entitles employees who work in businesses of 50 or more employees, 12 weeks of leave from work. This benefit is provided when they have to care for their seriously ill child, parent or spouse, for birth of and bonding with a newborn, or for the adoption or foster care…
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…
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…
ALIVIA Stricklin worked as a security officer for First Alarm Security, a company in San Jose, CA that provides security and patrol services to businesses and homeowners. Stricklin’s duties included patrolling the premises, typically working from eight to fourteen hours a day, six days a week. Stricklin and her fellow employees claimed that they were…
Q: I was recently hired for a job and was asked to sign an arbitration agreement. I was told that signing the agreement is “voluntary” but when I asked if I could just skip it, the HR person said “did you want to keep working for the company?” I took that to mean that I…
Q: I worked on Thanksgiving Day and the Day after Thanksgiving. Am I entitled to holiday pay? A: Around this time of year, we get this question a lot. So we thought we would revisit this issue, especially since Christmas Day and New Year’s Day are coming up and they fall in the middle of…
EDEN Smiles worked for Walgreens, the pharmacy giant, as a cashier. She filed a class action case on behalf of current and former non-exempt, hourly-paid cashiers, photo specialists, beauty advisors, and other employees assigned cash register duties who worked for Walgreens. Smiles also filed the lawsuit on behalf of the State of California under the…
AURORA Isabel is a Filipina who worked for the Pasadena Water and Power. Isabel complained that her manager discriminated against her for her accent. She was demoted to a field position and was told to stop complaining or she would be demoted again. Her manager told her that she had to learn to speak without…
Q: I AM thinking of filing an overtime claim against my employer because I and my coworkers are doing a lot of off-the-clock work. However, I am concerned about losing my job and not being able to work in this company any more. Should I still file a claim? What should I do? A: You…
Q: I work for a 100-employee company in Los Angeles. I recently returned to work after maternity leave. Since I decided to breastfeed my newborn, I needed to periodically pump breast milk at work. When I asked my supervisor if there is a room in the building where I could do this, I was told…
