Recent Decisions of Interest
Employees with Legitimate Claims for Overtime Should Not Crumble Under Employer Threats
California has fee-shifting provision in place for claimants seeking unpaid minimum wages and unpaid overtime pay, by which the prevailing employee is entitled to attorney’s fees. Many employer defendants have sought to scare away a former employee plaintiff by “reminding” them that if the employee loses, the employer will go after them for their fees…
Read MoreWet Seal agrees to pay 7.5 million to settle gender discrimination class action lawsuit
Wet Seal, a California based retailer, has settled a national class action suit that was filed in federal district court. The employment discrimination case was based on the company’s alleged Title VII of the Civil Rights Act of 1964 violation. The act prohibits employers from discriminating against employees based on sex, race, national origin, color…
Read MoreOther than the common leaves of absence taken from work, what other rights do you have to take a paid/unpaid leave?
An employee may also take time off work, without fear of losing their job, for: 1. Time Off For Honorable Activities –Lab. Code §§ 230.3-.4; 1501-1507. Employers in California are required to allow employees to take unpaid leaves of absence to serve as volunteer firefighters, reserve peace officers, emergency rescue personnel, or as a member of…
Read MoreSupreme Court Hears Oral Argument on Same-Sex Marriage – Hollingsworth v. Perry (March 2013)
Hollingsworth v. Perry (Docket Number: 12-144) Date Argued:03/26/13 For those of you following the same-sex marriage debate, the oral argument heard by the Supreme Court can be downloaded or played by clicking one of the below: Media Formats: MP3 Download Play Windows Media Download Play RealAudio 10 Download Transcript (PDF) View To download file: From…
Read MoreDisability Discrimination Case Against Rite-Aid
A Los Angeles jury has returned a verdict of $3.5 million against drug store chain Rite Aid Corporation in a recent disability discrimination case. According to the complaint filed, Martha Palma had worked for Rite Aid for years and had been a store manager at one of its stores in Los Angeles. She was fired…
Read MoreClass Action Arbitration of California Wage and Hour Claims
Judicial interpretation of the enforceability of arbitration clauses in the context of class action claims for wage and hour violations, such as the failure to pay overtime, missed meal and rest breaks and misclassification as an independent contractor or exempt, continues to evolve. In 2011, the U.S. Supreme Court issued its opinion in AT&T Mobility…
Read MoreCalifornia Employee Rights Lawsuits Address Discrimination, Harassment and Retaliation
While no attorney or law firm can guarantee that your case will be successful or that these results will be seen in your case, results in three key lawsuits in California reveal that employee rights claims remain a viable means to address discrimination, harassment and retaliation at work: Retailer Abercrombie & Fitch recently agreed to …
Read MoreCalifornia Supreme Court Rules on Employer Meal and Rest Break Obligations
Court Decides Employers Must Relieve Employees of All Duty During Meal Periods But Need Not Ensure They Perform No Work The California Supreme Court concluded today that an employer’s obligation is to relieve its employees of all duty during meal periods, leaving the employees thereafter at liberty to use the period for whatever purpose they…
Read MoreCan You Be Terminated for Your Comments on Facebook or Twitter?
Social Media pervades our lives – including the workplace. Recently, the National Labor Relations Board (“NLRB”) has sought to define the parameters of an employee’s right to engage in “protected concerted activity” given the role that Facebook, Twitter, LinkedIn and other such social media and internet based forums play in our lives. The NLRB issued…
Read More