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Orange County Employment Law Blog

LinkedIn to pay employees for damages and overtime

Workers in California and three other states will receive unpaid wages plus damages from LinkedIn after the company failed to pay its workers for hours worked and overtime. A company representative attributes the error to some managers and employees lacking the proper tools to track their time. LinkedIn will pay the 359 affected employees a total of $3.35 million in wages and $2.51 million in damages. In addition, the company is making sure its employees receive a copy of its overtime policy and conducting compliance training.

The company says that it was already taking steps to address its error when the U.S. Department of Labor stepped in. A representative from the Department of Labor said that this situation is too common in the American workforce and that companies must be committed to complying with labor laws. Furthermore, employees should be informed about their rights.

Target sued for alleged workplace discrimination

People in California who shop at Target might be interested to learn that an employee is suing the company, alleging racial discrimination as well as disability discrimination. According to the lawsuit, the employee has worked for Target since 1993. Although he has dyslexia, autism and two rods in his back that limit mobility, he is still able to do his job. However, the workplace discrimination suit alleges that his mostly black co-workers have made work difficult for the plaintiff, who is white, by changing his schedule around and assigning him inferior tasks.

In 2011, the worker complained about how he was being treated and subsequently had his hours cut from between 35 to 40 hours per week to only five, according to the plaintiff. He said this reduction made him lose his benefits. The court filing states that mistreatment began in 2009, but when the plaintiff reported the incidents that allegedly involved co-workers and his supervisor to human resources, the abuse worsened. He stated that he was harassed and taunted more than before.

Yahoo executive faces sexual harassment suit

According to a recent report, a former female employee of Yahoo has filed a sexual harassment lawsuit against a female executive at the company, which has headquarters in Sunnyvale, California. The woman, who worked as a software engineer, alleges that a executive harassed her and that the executive's behavior eventually lead to her termination.

This lawsuit follows a number of accusations of sexual harassment by employees at various tech companies. In one case, a former Tinder executive also filed a lawsuit after being sexually harassed. Recently, the CEO of Urban Airship was accused of sexual assault and took a leave of absence from his post.

Women in farmworking could be safer if bill passes

About 18 percent of farmworkers in California and nationwide are women, and they deal with additional risks besides the hard work and exposure to chemicals that all laborers face; they could be exposed to sexual violations on the job. A 2010 report indicated that almost 40 percent of 150 women who were surveyed had suffered some type of on-the-job sexual harassment that ranged from unwanted comments to sexual assault.

The California State Senate is considering new laws to protect women in the agricultural industry. During a 2013 television special on PBS, a union cofounder explained the ramifications of a physical assault for a woman. She needs to juggle the benefit of contacting authorities with the risk of possibility of losing her job. In addition, her friends and family could suffer, especially if they are also workers. Families often work together in the industry, so her complaint could negatively affect them all. The union cofounder elaborated that labor contractors usually have no human relations experience, so many of them use threats to control their workers.

President to sign federal LGBT workplace discrimination order

Across the nation, laws protecting workers against discrimination based upon gender identity or sexual orientation have been spotty in recent years. Court rulings applying existing laws have received a variety of different treatments in different jurisdictions. In California, claims concerning harassment or discrimination based upon sexual orientation are taken seriously.

In light of the myriad of state laws and local ordinances providing different levels of protections for the LGBT community, there have been calls for more direct legislation to address sexual orientation and gender identity issues in public discourse.

White House officials now say that the president plans to sign an executive order addressing workplace discrimination on the basis of gender identity. The executive order will apply to federal contractors. Roughly one quarter of workers in the country work for the federal government, according to NBC News.

Woman sues Donald Sterling in California for harassment

Many people may be following the recent issues surrounding Donald Sterling and his former association with professional basketball in Los Angeles. While those issues continue to make news, new allegations are arising in an employment law dispute involving Sterling.

The new allegations are being leveled by a woman who acknowledges being intimately involved with Sterling from 2005 to 2011, according to Reuters. However, she says that she was fired in May after she complained of sexual and racial harassment at the hands of Mr. Sterling.

US Supreme Court accepts review of air marshal whistleblower suit

Most jobs in America involve what is known as an “at-will” relationship between employer and employee. Unless a worker has an employment contract, a company may be able to lawfully terminate the worker with little or no reason. However, lawmakers understand that letting the at-will employment law doctrine to run unbridled would allow employers to engage in many practices that run afoul of what our culture considers an ordered society. For instance, our Southern California readers likely know that state and federal anti-discrimination laws provide workers with important workplace protections.

During the civil war, the government was concerned that fraud and corruption in government contracts could be detrimental to the country. The idea of whistleblower protection was born, and today many California laws, and statutes at the federal level, provide workers with job-protection for raising issues in the workplace that are considered to violate public policy.

The United States Supreme Court has agreed to determine the scope of a whistleblower protection law in a case involving a Transportation Security Administration plan to save money that a worker thought created a grave risk of danger. Years ago, the air marshal heard that the TSA was planning to cuts costs by reducing the amount it spends on overnight trips for air marshals.

Severance agreement an issue in age discrimination lawsuit

Federal workers’ rights laws aimed at eliminating discrimination in the workplace are important protections for workers in Southern California. Companies are prohibited from retaliating against a worker who raises complaints concerning discriminatory practices or participates in a workplace discrimination investigation.

Running parallel to the idea that a company cannot terminate a worker for the employee’s concerns over employment discrimination, the law frowns on businesses that try to coerce workers to waive rights provided under anti-discrimination laws. A private college in a western state is facing a lawsuit related to an attempt to take away a former worker’s rights through a severance agreement.

California corrections settles harassment suit with cook

 

Sexual harassment in the workplace is a form of sex discrimination. Workers’ rights laws that prohibit discriminatory practices in the workplace essentially require that employers who learn of potential discrimination or harassment to investigate and correct any issues that are found.

Isolated comments or antics may not rise to the level of harassment. But, frequent or severe incidents that create a hostile work environment are unlawful, and an employer that is on notice of harassment can be held liable for failing to take proper measures to end the harassing conduct.

Drivers Are Entitled To Meal And Rest Breaks

April 7, 2014

By Jose R. Garay

Employees with job duties that primarily consist of driving duties are often required by their employers to work through their meal and rest breaks, have them consistently interrupted, cut short, or missed altogether. The California Supreme Court recently held in Bluford v. Safeway Stores, Inc. that employers must provide truck drivers meal and rest breaks. In other words, if an employer fails to provide its drivers with meal and rest breaks, the employer must pay its employee one hour of the employee's regular rate of pay. For example, John Doe makes $20 per hour driving vehicles for his employer. Because John's employer requires him to work a heavy schedule he often has his meal or rest breaks interrupted, cut short, or works through them. John's employer must pay him $20 (one hour's work of pay at his regular rate) for each missed, interrupted, or truncated meal or rest period. This can add up to a lot of money damages because in California you may be able to recover up to four years of damages.

If you are a driver and your employer has a pattern, practice, or policy that causes you to have your meal and rest periods missed, interrupted, or cut short, then call Jose Garay, APLC for a free consultation at (949) 208-3400 or email him at jgaray@garaylaw.com. An experienced attorney can help evaluate your claims and potentially help you recover money for your employer's employment violations.

About The Author

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Jose R. Garay is an experienced employment attorney with over 15 years of experience. He is the principal owner of Jose Garay, APLC and his office has successfully recovered millions of dollars on behalf of thousands of clients. Mr. Garay graduated from Stanford University and obtained his law degree from Southern Methodist University. He is a former financial advisor and specializes in high profile class action, individual, and multi-party cases.

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