Discriminated at work due to your hairstyle? You may have legal remedies!
Q: MY new supervisor recently told me that I need to wear my hair in a “more conventional” way because it is distracting other people. My hairstyle is appropriate to…
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Thinking of filing a discrimination or retaliation claim? Here are the new deadlines
Q: AFTER I came back from a two-month medical leave, my employer told me that my position was eliminated. However, I heard from a former coworker that the employer hired…
Does your fancy job title make you work long hours without overtime pay?
DARREN Stemple worked as a “Business Development Representative” for RingCentral, Inc., a company which sells cloud-based telecommunications systems such as video and audio conferencing, and business app integration software. Its…
Signing contract with independent contractor label does not make you one and you may be entitled to more wages
NICHELLE Duffey worked as an in-home caregiver for Tender Heart Home Care Agency, LLC, a placement agency for caregivers. Duffey signed an agreement with Tender Heart stating that she is…
Automatic time deductions for missed meal breaks are illegal
Q: I am a full-time hourly employee. While we were told that we have a 30-minute unpaid lunch break every day, we usually cannot take breaks due to the heavy…
Contractor or employee: Why is it a big deal?
RON Carter worked for XPO Last Mile, Inc. (“XPO”) as a delivery driver. XPO provides delivery services to retail merchants like Home Depot, Lowe’s, and Macy’s. These companies contract with…
Sex harassment creates a hostile work environment
CHASTITY Jones, is a 42-year-old single mother, who worked as a sales accountant Hologram USA and FilmOn.TV, companies owned by billionaire Alkiviades David. FilmOn.TV Networks is an online television service…
Sex harassment creates a hostile work environment
CHASTITY Jones, is a 42-year-old single mother, who worked as a sales accountant Hologram USA and FilmOn.TV, companies owned by billionaire Alkiviades David. FilmOn.TV Networks is an online television service…
Accommodating employees with mental disability
KIMBERLEE Gutierrez worked as a patient registration clerk for Dignity Health for 9 years. Kimberlee had a history of mental disability, which worsened when she was violently attacked by an…
Home health employees 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…
Are you entitled to ‘show up pay’?
Q: I WORK as an on-call employee for a healthcare facility. My employer often calls me to report for duty but when I arrive to work, my assignment is cancelled…
The employer’s duty to a “permanently disabled” employee
LARA May (not her real name to protect confidentiality) was a dedicated and long-time employee for ABC Equipment Co. She was injured at work and had to take an extended…
Employer must pay actual hours worked by employee
JOSE Alvarado worked as a laborer for Timber Works Construction, Inc. in Santa Clara County. Alvarado claimed that the employer required them to sign two different documents. One document contained…
Mocking an employee’s accent may constitute work discrimination
FILIPINO registered nurse, Nancy Ortiz, worked for Dameron Hospital in Stockton, CA for about 10 years. Born in the Philippines, English is her second language and she speaks with a…
Is going through security checks compensable work time?
CHELSEA Hamilton and Alyssa Hernandez worked for Wal-Mart at its Fulfillment Center in Chino, California for several years. These employees sued their employer in a class action for, among other…
Why you should look at your paystubs Incorrect ones entitle you to additional payments
RODERICK Magadia worked as an hourly associate at a Wal-Mart retail store in San Jose, California as a stock associate. After 8 years of employment, Magadia was terminated. During Magadia’s…
Paid per piece? Make sure you’re paid for all hours worked!
YADIR Ontiveros worked as a technician for Safelite, a company which repairs and replaces vehicle glass for automobiles at various locations in California. Safelight’s technicians are classified as non-exempt employees….
What to do if you’re fired and asked to sign a release
AN employee may be asked to sign some documents at the time of termination. One of these documents may be a severance or separation agreement. This is a contract between…
Are arbitrations unfair to employees and consumers?
Q: I recently applied for a job and I was asked to sign an arbitration agreement as a requirement to being hired. I heard arbitration agreements are not fair to…
Remedies for when doing the right thing gets you in trouble at work
For about 12 years, Blanca Ramirez worked at the Jack in the Box in San Fernando, CA as a team leader. She reported to the employer’s anonymous hotline that another…
Ensuring that truth prevails in an employment retaliation claim
DR. Sheila Hudson worked as a Senior Associate Athletics Director and Title IX Coordinator for California State University, Los Angeles. She filed a lawsuit against her employer, alleging retaliation after…
In the gig economy, being classified an employee is still more advantageous
THE creation of technology-driven industries has given rise to new business models that may not follow the traditional employer-employee relationship. Companies, for example, may practice “outsourcing” or “crowdsourcing” where they…
Employees must be paid for all hours worked
Off-the-clock and “Unapproved” Work Hours are Still Compensable Q: I work as a nurse at a hospital that has a strict policy of no unapproved overtime. We don’t ask for…
Firing an employee for using their family leave rights may be retaliation
ERIC Hazard worked for 17 years for Raley’s as a pharmacy manager. Eric’s son, Andrew, is 32 years old and disabled with hydrocephalus, a buildup of water on the brain,…
What is reasonable accommodation of a disability at work?
ROSARIO Contreras-Velazquez worked for Family Health in its medical records department when she suffered a work-related repetitive strain injury to her right upper extremity. After surgery, she developed complex regional…
Can employers withhold wages of employees?
DONOVAN Sebastian worked in sales for Sprint/United Management Co. Sprint provided him and other employees with vehicles for them to travel between stores. Sebastian, on behalf of himself and other…
Does your employer need to know your medical condition to accommodate you?
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…
Firing 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…
Unwanted robocalls and text messages: Have you had enough?
AS a cellphone owner, you have most likely experienced unwanted calls from telemarketers, robocallers, and spammy text messages. There are common measures you can take to minimize unwanted calls. CNN…
Failure to accommodate an injury is disability discrimination
ANAHIT Shirvanyan, 63 years old, worked as a kitchen staff at Los Angeles Valley College (LAVC), a licensed childcare facility in Van Nuys, CA, which is part of the Los…