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 my ethnicity and is part of my cultural identity. More importantly, my hair does not interfere with my work. When I said so, my supervisor…
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 a person to replace me. Was I wrongfully fired? Can I still file a claim, considering that the firing occurred 11 months ago? A: The…
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 clients include healthcare, finance, real estate, retail stores, and enterprises all over the country and the world. Stemple’s main duty was to cold-call potential buyers…
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 an “independent contractor” and “is in the business of providing care giving services in dwellings…” Rate sheets attached to the contract between Duffey and Tender…
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 workload. But the employer still deducts 30 minutes for lunch from our work hours. Is this legal? A: No. If you did not take your…
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 XPO to provide delivery and basic installation of newly purchased appliances, and removal of old appliances from their customers’ homes. Carter and drivers like him…
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 and Hologram USA operates a hologram theater in Hollywood that has produced holographic images of entertainers Billie Holiday, Jackie Wilson and Bernie Mac. Jones said…
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 and Hologram USA operates a hologram theater in Hollywood that has produced holographic images of entertainers Billie Holiday, Jackie Wilson and Bernie Mac. Jones said…
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 ex-boyfriend. She took a medical leave of absence for her disability. When she returned to work, she claimed that she faced discrimination. When she tried…
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…
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 and I am sent home. This has happened several times and I was not paid for a single canceled work even though they scheduled it…
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 medical leave of absence. Prior to her injury, Lara May was a valued employee at ABC Equipment, and was praised for her work ethic and…
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 false hours worked (fewer hours than actually worked) and another document contained the correct hours worked by the employees. The employees claimed that the employer…
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 thick Filipino accent. Ortiz is over 40 years old. Towards the ninth year of her employment at the hospital, and at this time working as…
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 things, unpaid overtime and minimum wages. The employees claimed that Wal-Mart required employees to go through mandatory off-the-clock security checks during each meal period and…
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 employment, Wal-Mart used a “Myshare” bonus plan payment. This bonus appeared on wage statements as “MYSHARE/INCT.” Employees who received a MyShare bonus and worked overtime…
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. They are compensated under a Performance Pay Plan (“PPP”), which is a pay table that lists the amount employees will receive for performing particular tasks…
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 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…
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 employees. Is this true? A: Yes. Arbitration can be unfair to employees as well as consumers. Arbitration is a procedure to resolve disputes without…
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 manager may be romantically involved with a 17-year old cashier at the restaurant. Ramirez claimed that she was harassed and retaliated against for doing this….
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 complaining about the sexual harassment of young female employees by the athletic director. Dr. Hudson alleged that the director used “degrading, sexist names such as,…
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 obtain the services from the general public, rather than from traditional employees or suppliers. This has led to the rise of the “on-demand economy” or…
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 approval since we risk being written up for “too much overtime.” We just clock out and go back to work to finish our charts. We…
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, and scoliosis that has left him permanently paralyzed. Due to his son’s health, Eric requested leave under the Family Medical Leave Act (FMLA) and the…
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 pain syndrome. She also suffered from a frozen shoulder, as well as inflammation in her right hand, which prevented her from being able to fully…
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 employees, sued Sprint for withholding wages purportedly because the employees drove the company vehicles for personal use. The employees also claimed that they were improperly…
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.,…
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 work life. She finished her schooling in the Philippines and worked in several skilled jobs there before she came to the U.S. with her two…
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 Business detailed a list of free applications and software available from major cellphone carriers that you can download to your phone (or that may already…
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 Angeles Community College District. After several years of work for LAVC, Shirvanyan began experiencing pain in her right hand and arm. This was due to…
