Although the internships and resulting lawsuit occurred in New York and not here in California where most major productions are filmed, the ruling could have implications for unpaid internships around the country. And earlier this month, an important ruling was delivered.
]]> A Federal District Court judge in Manhattan found that the two "Black Swan" interns were essentially regular employees, in that they did work very similar to employees who were paid. Furthermore, the studio received the material benefits of the interns' labor while failing to foster an educational environment.Because this internship did not meet the Department of Labor's criteria for a legitimate unpaid internship at a for-profit company, the judge ruled that Fox Searchlight violated New York minimum wage laws by failing to pay its production interns.
Commenting on the ruling, one of the plaintiffs said: "I hope that this sends a very loud and clear message to employers and to students doing these internships, and to the colleges that are cooperating in creating this large pool of free labor - for most for-profit employers, this is illegal. It shouldn't be up to the least powerful person in the arrangement to have to bring a lawsuit to stop this."
If you are interning this summer, take a moment to research the Department of Labor's criteria for what makes an unpaid internship legal and legitimate. And if you are a former intern who feels as though your unpaid internship was not on the level, you may wish to speak to an experienced employment law attorney about your concerns.
Source: New York Times, "Judge Rules That Movie Studio Should Have Been Paying Interns," Steven Greenhouse, June 11, 2013
]]>For the most part, both of these responses to workplace discrimination and harassment are explicitly illegal. Workers are generally protected both from retaliation and from on-going mistreatment by employers, colleagues or both. If an employer punishes you in any way for speaking up or fails to address your concerns, you may be able to hold those responsible accountable under the law.
]]> In addition, if an employer allegedly investigates your claims and dismisses them, you may still have a cause of action. The areas of law that govern discrimination are complex, but they generally favor employees who have been put-upon. As a result, employees who do not have their concerns resolved adequately by their employers should generally seek out the expert advice of an experienced attorney.Seeking an attorney’s advice may seem like a daunting prospect. If you are uncomfortable in your working environment, the idea of “stirring the pot” by talking with an attorney may seem premature, an overreaction or just generally frightening. However, speaking with an attorney does not commit you to acting in any certain way. What it will do is educate you about your options so that you can make an informed decision about how best to proceed.
Source: Business Management, “Serial complainer cries harassment? Investigate every allegation,” June 4, 2013
]]>Thankfully, individual cities and states have begun to pass their own anti-discrimination laws to protect the rights of gays and lesbians, both in the workplace and in the communities. Unsurprisingly, California has been a leader in this respect, and a recent study confirms that. A financial information company called NerdWallet recently ranked U.S cities on how "gay-friendly" they are. Of the top 10 cities listed, five are in California.
]]> The rankings were based laws, community structures and safety for the Lesbian/Gay/Bisexual/Transgender community. Researchers asked: does a given city have laws to protect the rights of LGBT individuals? Is there an active LGBT community that offers peer support? How prevalent are hate crimes toward LGBT individuals?Here are how California cities ranked:
There was one more California city earning a spot within the top 20, and that was Berkeley; which came in at number 14.
Only 88 cities were included in the analysis, so it is possible that there are some very gay-friendly cities which were not considered. But because the cities topping the list have large populations and are well-known around the country, these remain the likely leaders.
We are about to enter June, which has been designated LGBT pride month. Even though there is still a long fight for equality ahead of us, Californians should be proud of our state's progressive approach to protecting the rights of all workers.
Source: SDGLN.com, "NerdWallet names America's most gay-friendly cities," May 30, 2013
]]>But it can sometimes be difficult to discern when a company's supposedly inclusive policies are real and when they are just lip service. According to several gay-rights groups, Exxon Mobil Corp. engages in sexual orientation discrimination in contradiction to its own stated values and in violation of the laws of certain states where the practice has been outlawed.
]]> According to a recent news article, a gay-rights group called Freedom to Work recently put Exxon to the test by submitting applications from two fictional job seekers for a position in one of the company's offices in Illinois. Illinois is among the 21 states banning sexual orientation discrimination.FTW says that there were essentially only two substantive differences between the candidates. Candidate 1 had better grades (in high school and college) than candidate 2, and candidate 1 was an outspoken gay-rights advocate. Exxon attempted several times to contact candidate 2 for further interviews but dismissed candidate 1 entirely.
Based on the response to these fictional candidates, Freedom To Work has filed a discrimination lawsuit against Exxon Mobil in Illinois.
The company is based in Texas; which has no laws against sexual orientation discrimination. Still, many gay-rights and anti-discrimination groups have pointed out that Exxon Mobil is trailing behind other large U.S. corporations and other oil companies by continuing to discriminate against the gay community. As America continues to move toward more social equality for all citizens, the stagnation of Exxon and similar companies could very well hurt them financially.
Source: Huffington Post, "Exxon Mobil Accused Of Anti-Gay Bias By Activist Group," David Crary, May 22, 2013
]]>What followed was a class-action lawsuit filed on behalf at least 250 management-level employees at Wet Seal stores around the country. Earlier this month, the retailer agreed to make sweeping policy changes and pay $7.5 million to settle the lawsuit.
]]> In their complaint, plaintiffs alleged that Wet Seal was trying to promote a certain image by seeking more white employees with blond hair and blue eyes. To that end, top executives at the company began replacing African-American managers with white ones. In other cases, African-American managers were reportedly denied equal pay and promotional opportunities.As evidence of this discriminatory attitude, plaintiffs presented a 2009 email that was sent out by the senior vice president of store operations at the time. In that email, she warned subordinates that the high number of African-American employees working for Wet Seal was a "huge issue."
One of the plaintiffs also gave testimony about comments she and other employees overheard that were made by the senior vice president during a 2009 visit to their Pennsylvania store. The plaintiff, who was a manager at that location and is African American, heard the VP say that managers should have "blond hair and blue eyes." A month after the VP's visit, the plaintiff was fired.
In the face of this overwhelming and damning evidence, Wet Seal's decision to settle the lawsuit was the only sensible course of action. The company has agreed to pay $7.5 million. Approximately $5.58 million of that money will be set aside to compensate current and former Wet Seal managers who are African American. The retailer also agreed to make changes and improvements to its human resources department and policies in order to ensure hiring diversity and to better investigate claims of discrimination.
It is sometimes difficult to believe that racial discrimination is still such a significant issue in the American workplace. But cases like this remind us that when it comes to employment equality, there is still much work to be done.
Source: L.A. Times, "Wet Seal to pay $7.5 million to settle race discrimination suit," Tiffany Hsu, May 9, 2013
]]>Workers in other states don’t always have access to what seem like common-sense “benefits.” In some cases, strict enforcement of work time vs. rest time puts certain companies in danger of pregnancy discrimination and other illegal acts.
]]> In our first post, we started telling the story of a Tennessee woman who worked at a T-Mobile Call Center. When she became pregnant and that pregnancy turned out to be high-risk, she could no longer comply with the company’s strict policies regarding bathroom breaks and rest periods.Her supervisors accommodated her, but only after she obtained a note from her doctor. The woman recalls: “At that point, I thought my head was going to launch off my shoulders. ‘Are you serious? I need to get a note from my doctor to go to the toilet? This is a basic biological need.’”
She had to start clocking out to go to the bathroom; and even had to dip into vacation time to cover the lost work time. Eventually, her high-risk pregnancy forced her to take unpaid FMLA leave seven weeks before she gave birth. She was fired just six weeks after returning to work. Her employers cited a very minor error as the cause of her termination.
The woman believes, however, that she was a victim of pregnancy discrimination. Based on the details of her story, that allegation seems very plausible.
Pregnancy discrimination is morally reprehensible in addition to being illegal. Because only women can give birth, pregnancy discrimination is also a form of gender discrimination. If you feel that you have been unfairly treated at work or even fired because of a pregnancy, you should seek the help of an experienced employment law attorney.
Source: ABC News, “Pregnant T-Mobile Employee Clocked Out to Use Toilet,” Abby Ellin, May 1, 2013
]]>California is one of just eight states that require employers to offer paid rest periods to employees (10 minutes for each four-hour block worked). This provision recognizes that human beings have basic needs such as using the restroom or standing up to stretch.
]]> But in certain industries in other states, the workplace atmosphere is more akin to an elementary school; where employees are scrutinized for their bathroom breaks and sometimes even disciplined for them. The story of one woman’s firing recently profiled on ABC News appears to many to be a case of pregnancy discrimination.The Tennessee woman worked for a T-Mobile Call Center. Her employers had clear and strict rules governing time away from one’s work area. The woman explained that “They give you two 15-minute breaks and a 30-minute lunch. If you can’t take care of your biological needs in that time period, you don’t go.”
She was able to adhere to the policies until she became pregnant. Her pregnancy was complicated and high-risk, and she required weekly trips to the doctor and many dietary and hydration changes. Her doctors told her she needed to drink much more water. Naturally, this meant she needed many more trips to the bathroom during work.
Eventually, she was required to get a note from her doctor to accommodate these extra bathroom breaks; something that was not required of other, non-pregnant employees. Things got even worse from there.
Please check back later this week as we continue our discussion about this important issue.
Source: ABC News, “Pregnant T-Mobile Employee Clocked Out to Use Toilet,” Abby Ellin, May 1, 2013
]]>The Employment Non-Discrimination Act (ENDA) has been introduced in multiple congressional sessions over the past 15 years or so. However, it has never stood a greater chance of being passed than it does now. Public approval ratings related to protection of civil liberties for homosexuals have never been higher.
]]> Workplace discrimination has a storied history in America. In the past, applicants and workers were regularly discriminated against as a result of their race, national origin, religion and gender. Today's most prominent discrimination battles are being fought by the disabled and by the LGBT community. Passage of ENDA would represent a significant step away from institutionalized workplace discrimination in this country.ENDA would specifically prohibit most employers from discriminating against applicants and workers based on their gender identity or sexual orientation. At present, certain state laws and federal laws help to discourage this kind of discrimination, but ENDA would clearly convey to employers that they must treat LGBT workers with the same consideration, respect and other opportunities as every other employee.
Those who wish to support the passage of ENDA may contact their Congressional representatives to voice their preferences. If and until ENDA passes, LGBT employees facing discrimination at work are still advised to contact experienced attorneys in order to explore their existing legal options.
Source: Huffington Post, "Employment Non-Discrimination Act Reintroduced In Senate," Dave Jamieson, Apr. 25, 2013
]]>The proposed legislation provides that either party can choose not to participate in the agreement at any time, but that one-month's notice must be given before the agreement is no longer honored. The bill also states that employees must use the time off they earned by working overtime hours within a 12-month period. If they do not use their time during that one-year period, the employer would then pay them for the time within the next month.
Those in favor of the bill believe it would provide additional flexibility to families, by permitting them to take extra time off during the year. Others, who are not in favor of the bill, including a spokesperson for the Education and Workforce Committee Democrats, suggest that it is similar to an "interest-free loan" for an employer, as the employee may not take the time off for up to a year after the time was actually earned.
Source: Thomson Reuters, "Proposed legislation would extend comp time to private sector," Amanda Becker, April 12, 2013.
]]>The 53-year-old man, who retired from the Bakersfield Fire Department in 2009, claims that he was passed over for a deserved promotion because of his responsibilities as a single father. He is working with legislators to pass a law that would bar employers from discriminating against employees who have caregiving responsibilities to either young children or aging parents.
]]> In the 1990s, the firefighter's divorce left him with sole custody of his three children. In order to spend time with his kids and to handle his increased parenting responsibilities, he frequently had to swap shifts and use sick days. He said that this was allowable under department policy and was common practice.In 1997, the firefighter filed a lawsuit against the city after he was passed over for a promotion to captain. He alleged that his status and responsibilities as a single father prevented his superiors from promoting him. He originally won his case, but the verdict was later overturned on appeal.
Since his retirement, he has been working to make sure no other caregivers in California have to suffer discrimination like he did. If passed, the bill would add familial responsibility to the list of protected classes, including race, ethnicity, national origin and religion, among others.
A similar bill was passed by state lawmakers a few years ago but was vetoed by then-Gov. Schwarzenegger. The firefighter and legislators are hopeful that Gov. Brown will be more amenable to signing this bill if it reaches his desk.
Source: Firehouse.com, "Retired Calif. Capt. Fights For Anti-Discrimination Bill," Steven Mayer, Apr. 3, 2013
]]>Unfortunately, some companies are taking advantage of those who desperately want to get a foot in the door. A high-profile lawsuit against Fox Entertainment Group and Fox Searchlight pictures has shed light on employee misclassification and wage law violations that are often disguised as an unpaid internship.
]]> The 2011 lawsuit was filed by two men who had interned for Fox during the production of the film "Black Swan." The two men alleged that they had been doing the work of regular employees and work that directly benefitted the company yet they were not paid for it. As such, they accused Fox Searchlight of misclassifying them as interns and violating federal labor laws.Since that lawsuit was filed, several other lawsuits have been brought against well-known media outlets by former unpaid interns making similar allegations. Some of these include Harper's Bazaar magazine owner Hearst Corporation and Charlie Rose and his production company.
Many believe that companies have been taking illegal advantage of unpaid interns over the past several years as a cost-cutting measure during the recession. These lawsuits are a good reminder that for an unpaid internship to be legal, it must do more than simply result in school credit for the intern. Unpaid internships at for-profit, private companies must meet six conditions:
If an unpaid internship doesn't meet these six criteria, it may not be legal. If you are a current or former unpaid intern and you feel that the company may have taken illegal advantage of your work, you may wish to speak with an experienced employment law attorney.
Source: ABA Journal, "More unpaid interns say they want to be compensated," Wendy N. Davis, Apr. 1, 2013
]]>The Ventura County woman has filed a lawsuit against her former employer the Gold Coast Health Plan as well as its former CEO. She alleges that management did nothing to stop the sexual harassment she suffered and that she was eventually laid off for reporting it.
]]> According to the woman's lawsuit, the CEO of the plan repeatedly sexually harassed her during 2011 and early 2012. He allegedly sent her sexually explicit texts and emails, and once gave her a flash drive with pornographic movies on it. He also asked for photos of her.Eventually, the woman claims, the sexual harassment escalated to assault. Her boss allegedly cornered her on two separate occasions; one of which involved unwanted touching that did not stop despite her protests.
Like many sexual harassment victims, the plaintiff suffered serious psychological trauma that eventually manifested physically. The woman says the harassment caused fainting spells, frequent nausea and caused her to lose weight. One of her fainting spells at work prompted an ambulance ride to the ER.
Conduct like the behavior alleged here has no place in the office or anywhere else. Victims of sexual harassment often feel powerless to stop it, and fear for their jobs if they report it.
But the only way to stop sexual harassment is to speak up and hold the perpetrator accountable. That means reporting the behavior, and if need be, pursuing a sexual harassment lawsuit against the company and the offending party.
Source: Ventura County Star, "Former employee of local Medi-Cal plan alleges sexual harassment," Tom Kisken, Mar. 7, 2013
]]>One of the restaurants is a high-end sushi bar on Rodeo Drive in Beverly Hills. The other two are restaurants in Northern California. In all, the three restaurants were fined $505,000 for offenses such as failing to pay overtime, failing to provide meal and rest breaks and minimum wage violations.
]]> According to the labor commissioner's investigation, workers at the Beverly Hills restaurant frequently had to work 10.5-hour shifts with no overtime and no breaks; not even for meals. Three workers were awarded more than $38,000 each in unpaid overtime and compensation for lack of breaks.The other two restaurants in Salinas and Santa Clara were fined a combined total of nearly $440,000 for numerous offenses, including:
Hopefully, these significant fines will send a message to all restaurants and business throughout the state that violations of labor law will not be tolerated. Commenting on her investigation, California Labor Commissioner Julie A. Su said: "These cases demonstrate that wage theft is not just a problem in parts of the state typically associated with the underground economy. We are committed to ensuring a just day's pay for a hard day's work whether you wash dishes and wait tables in Chinatown or Beverly Hills. The labor laws of our state should be respected in every workplace in California."
Source: Rafu Shimpo, "California Labor Commissioner Issues over $500,000 In Citations To Restaurants," Mar. 19, 2013
]]>Earlier this month, more than a hundred demonstrators gathered in downtown Los Angeles to show their support for a new piece of legislation that would protect the rights of domestic workers. Included in the bill are protections against wage and overtime violations.
]]> Domestic workers are an incredibly important sector of the state's labor force. Unfortunately, this group does not enjoy the same workplace rights and protections as employees in other sectors. Approximately 93 percent of domestic workers are women, and almost 70 percent are Latina. Therefore, this bill has many implications for gender and racial equality as well.In a recent news article, a Los Angeles woman who has worked as both a housekeeper and a nanny discussed the problems she and others face. She explained that "we don't have sick days or the right to cook our own food or to be able to sleep eight hours. Sometimes we show up to work and our employers say, 'Oh, we don't need you today.' For those of us with our own children, that's really hard."
If passed, the bill will ensure six important rights for domestic workers, including:
For those of us who work in other industries, it is difficult to imagine working without these most basic protections. Yet domestic workers have done so for years; often while trying to raise children of their own.
If the bill passes, California will be the second state in the nation to extend basic labor protections to domestic workers. If we all show our support for this important legislation, we can truly be proud of our reputation as a state with progressive laws to protect employee rights.
Source: Huffington Post, "Domestic Workers Bill In California Brings Housekeepers & Nannies To The Streets (PHOTOS)," Kathleen Miles, Mar. 7, 2013
]]>In complaints against religiously affiliated employers, victims of wrongful termination or workplace discrimination sometimes don't have much luck holding their former employers accountable. That being said, the case of a former employee at one religious school in California is especially interesting because of how the school dismissed her and the bizarre actions it took after firing her.
]]> The 29-year-old woman worked for San Diego Christian College. Like other employees, she had to sign a lifestyle contract. One of the provisions included an agreement not to engage in premarital sex. She was engaged at the time but not married.One day, she was called into her supervisor's office and asked if she was pregnant. She truthfully answered that she was, and the school summarily fired her. But when searching for her replacement, the school offered the position to her fiancé, despite knowledge that he was also having premarital sex.
In addition to being confusing and a great example of irony, the school's actions may have been illegal. The defendant could try to argue that the school was engaging in gender discrimination, in that it held its female employees to different standards of conduct than male employees. Additionally, she could try to argue that her employer actually fired her for becoming pregnant, as evidenced by the fact that they were willing to hire her fiancé, who was equally "guilty" of having premarital sex.
In either case, this lawsuit will likely continue to receive national attention, and the outcome could even help clarify what is currently a murky area of employment law.
Source: Huffington Post, "Teri James, Pregnant Woman Allegedly Fired For Premarital Sex, Sues Christian School," Katherine Bindley, Mar. 1, 2013
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