California Employment Lawyer Blog

August 29, 2011

Celebrities Sued Over Allegations of Labor Conditions at Los Angeles Restaurant

A group of celebrity investors have been named in a lawsuit by two men who worked for a restaurant and allege they weren’t paid proper wages and were refused legal break times.

Wage and hour violations in Orange County can make work downright awful. How much an employee was owed for working last week or companies trying to trade overtime for comp. time against California law can make for some of the most contentious and bitter disputes in employment law.

An Orange County Employment Lawyer who has spent years in the courtroom battling corporations over these issues must be considered if this is the case in your workplace. Going ’round and ’round with a boss or up the ladder with a company can be exhausting and unproductive. Get serious.

According to the Los Angeles Times account, two ex-employees claim they were shorted for overtime and weren’t allowed to take breaks for food and break as mandated by law. The former cook alleges he didn’t get more than $28,000 in overtime and a dishwasher suing with him says he was shorted about $5,800 in pay.

The lawsuit comes as the newspaper reported on a study by the Restaurant Opportunities Center in Los Angeles, that found in February that 82 percent of the city’s restaurant workers earn less than a living wage. Most don’t get paid sick days, health insurance or have any way to advance in the company.

The study was based on 562 surveys of workers and 60 interviews with both workers and employers about the conditions of restaurant employment. The study focused on the plight of the restaurant industry’s immigrant population, in particular. The lawsuit was filed by two Hispanic men, though their immigration status isn’t known.

The study makes some interesting, and disturbing, findings about working conditions for those in the restaurant industry in Los Angeles. Every company wants to maximize profits, but it shouldn’t come at the expense of its employees, who make the company what it is.

Sadly, another effect of the Great Recession and poor national economy has been the position it has put companies. In years past, there were fewer eligible workers on the market and companies were forced to treat their workers well in order to keep the best. But as unemployment numbers have risen nationwide — unemployment sat at 9.2 percent in Orange County this June, according to the U.S. Department of Labor’s Bureau of Labor Statistics — businesses can use that economic pressure to keep workers quiet.

Thankfully, not all businesses act this way, but with fewer jobs available and more people seeking work, companies have the pick of the litter. But a worker must be treated fairly and must be paid what they should under the law.
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August 24, 2011

Bloomingdale’s Sued For Alleged Discrimination in Century City

by Fakhimi & Associates

Imagine walking into a department store you love to shop at and having an employee tell you you can’t buy something or they won’t help you because of what you look like.

That’s what a woman says happened to her in 2010, when she tried to buy a men’s shirt from a Bloomingdale’s department store in Century City. According to a lawsuit, reported on by the Los Angeles Times, the woman tried to make the purchase for her wedding, but was denied based on her gender.

Discrimination in Orange County and elsewhere is typically considered an at-work offense, but the truth is discrimination can occur in many settings — from work to public housing or credit applications to the retail industry. Consulting with an experienced and aggressive Orange County Discrimination Lawyer as soon as possible can ensure the offenders are held accountable for their unlawful and unjust actions.

According to a lawsuit filed recently in Los Angeles County Superior Court, the woman went to the store to buy a shirt for her upcoming wedding. When she ventured into the men’s department, seeking to buy a men’s shirt for the occasion, she was alleged denied by a male employee.

The lawsuit states, according to the newspaper’s account, that the woman walked into the upscale department store and was approached by a salesman. The man allegedly asked her for whom she was buying the shirt and the woman replied it was for her.

According to the newspaper, the worker used some “offensive” comments toward her and asked her why she would be buying a man’s shirt. “You’re a woman; you shouldn’t wear men’s clothing. He then turned his back to her and stalked away,” the lawsuit states.

The woman then allegedly began to cry near the store’s jewelry counter while waiting for a supervisor. The woman said she hasn’t been able to re-enter the store since even though the store offered her a free shirt. The lawsuit seeks a jury trial and unspecified damages. The lawsuit names Bloomingdale’s as well as parent company Macy’s Inc. and alleges the stores refused to provide equal accommodations based on “her actual or perceived sex or sexual orientation.”

Cases of discrimination are perhaps most common in the workplace, however, and California’s Fair Employment and Housing Act helps protect workers from facing undue discrimination in small companies and contract situations. The law defines who is protected and under what circumstances.

There are also protections under federal employment law in Orange County. These protections typically apply to the age, gender, race, sexual orientation, disability and other characteristics of an employee.

People can face retaliation for filing complaints at work or they can be shorted pay in wage and hour disputes. There are many aspects of employment law in California that are designed to help the worker have a fair working experience without having to fear an unbalanced environment.
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August 14, 2011

California City Settles Religious Discrimination Lawsuit

by Fakhimi & Associates

The U.S. Department of Justice recently settled its lawsuit against a Southern California city that it accused of violating the civil rights of a Buddhist group, the San Gabriel Valley Tribune reports.

The city of Walnut, which is east of Los Angeles, settled the complaint with federal authorities recently after the government accused the city of discrimination by denying the religious group’s request to build a Zen Center, which would have been the only non-Christian religious center in the city.

Discrimination can come in many forms and none of it is lawful. Religious discrimination can happen in public, as this story suggests, but it can also happen in the workplace. Workplace discrimination in Santa Ana and throughout California shouldn’t be tolerated and an experienced Orange County Employment Lawyer should be consulted if you or a loved one has experienced it.

The Justice Department’s complaint alleged that the city denied the Zen Center’s application in 2008 and until that point hadn’t rejected a permit for the construction, expansion or operation of a house of worship since at least 1980.

Under the settlement, the city agreed not to impose different zoning or building requirements on other houses of worship. City officials will also have to attend training on religious discrimination and land use.

According to the news article, the group began designing its center in 2001, but in 2003, city officials began voicing concerns about the center. Despite concessions, including scaled-back plans, the city still rejected its application. The Buddhist group finally bought property in Pomona and opened a temple there, selling the Walnut land.

While this appears to be a clear case of religious discrimination in the public realm, this type of discrimination can happen at a job just as easily. In 2010, there were 3,790 complaints of religious discrimination filed with the U.S. Equal Employment Opportunity Commission. That’s up from about 1,700 in 1997.

There were also 330 settlements in 2010, up from 89 in 1997. While many of the 3,800 religious discrimination complaints were unfounded, in about 10 percent, reasonable cause was found. In 2010, the commission settled $10 million in claims.

So, as you can see, it does happen. Employers tend to discriminate against religions they are less familiar with. But regardless of their knowledge level of a particular religion, they aren’t allowed to promote others or afford fewer opportunities to someone based on their worship practices.

Religious discrimination falls under Title VII of the Civil Rights Act of 1964 and is federally regulated. Some provisions of the law:

-An employer shouldn’t treat an employee less favorably or more favorably because of the employee’s religious beliefs.

-An employee can’t be forced to take part in religious activities as a condition of employment and can’t be forced to forgo religious activities.

-An employer must reasonably accommodate the employee’s religious practices.
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August 4, 2011

LAX Policewoman Gets $1 Million in Discrimination Case

by Fakhimi & Associates

A former female Los Angeles Airport police lieutenant was awarded nearly $1 million in a gender discrimination case by a jury recently.

This is just another case of businesses and agencies that don’t treat their employees fairly and pay a hefty price for their illegal and unjust actions. Cases of workplace gender discrimination in Los Angeles and other injustices based on a person’s age, race, religion, ancestry, sexual orientation or other factors go on every day. And that’s why consulting with an experienced Orange County Employment Lawyer is important.

In the police officer’s case, she worked for the LAX Police Department since 1980 and held a lieutenant’s rank for 10 years. She alleged that being a woman prevented her timely promotion to a captain’s position, the Times reports.

Based on her qualifications, she argued at trial, she should have been promoted several years ago, but didn’t fit the “mold of a captain in a law enforcement organization.” She retired last year and her jury awarded her $925,209 for the discrimination. Counts of retaliation and harassment were denied.

This case reminds us of several other high-profile cases of gender discrimination reported by the California Employment Lawyer Blog. Retail giant Wal-Mart is fighting off more than one million former and current female employees, who believe there is widespread gender discrimination at the company, which provides lower pay and fewer promotions to employees. A Texas woman recently sued her former boss for age discrimination because he allegedly wanted her to dye her gray hair.

Women have spent decades seeking equal rights in the workplace. But studies still show that their male counterparts are paid better despite the progress they have made. And this discrimination shows today.

There are many examples of women who are denied promotions, aren’t hired at all or don’t receive the specialized training on the company dime that male co-workers do. And sometimes this discrimination is wide open where all employees can see. Sometimes, this involves decisions made behind closed doors that violates the female worker’s rights.

Regardless of how it happens, it is unjust and must be fought. In this tough economy, many people are thrilled simply to have a job and will endure discrimination if it means they are getting a regular paycheck, but this isn’t acceptable. For those who believe they may be facing discrimination at work, simply consulting with an Orange County Employment Lawyer is a good first step.

It is sometimes possible to be awarded damages on top of back and future pay as well as remain employed if a case is settled or goes to trial and is successful. While there are no guarantees, each case should be explored to see what the options may be. Businesses and corporations must be held accountable for their practices that treat employees unfairly — not based on their job quality but on factors they can’t change.
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July 30, 2011

Wal-Mart Discrimination Saga Continues in California Court

by Fakhimi & Associates

The saga between Wal-Mart and potentially 1 million female employees who believe there is widespread discrimination continues as the giant retailer agreed to give the plaintiffs an extra 90 days to file their cases, Bloomberg reports.

California Employment Lawyer Blog recently reported on the situation, in which the U.S. Supreme Court ruled in Wal-Mart Stores, Inc. v. Dukes that the class-action lawsuit against the company couldn’t proceed because the plaintiffs haven’t shown justification for class-action status.

Orange County discrimination happens every day, even though there are state and federal laws preventing it. Sadly, workers sometimes either don’t know they are facing discrimination or accept it as a part of the job in exchange for being gainfully employed. If you face discrimination on the job, consult with a San Bernardino Employment Lawyer. It’s possible that some advice can help you clear up problems at work or that filing a lawsuit is necessary to sort out the problem.

The Supreme Court decided 5-4 that the plaintiffs, which could be more than a million female workers, past and present, hadn’t shown the company operated under a “general policy of discrimination,” according to justices. The court ruled that they haven’t shown that Wal-Mart, given its significant size of more than 4,300 stores, has a policy that every manager followed to discriminate against women.

The issue was whether 1.6 million current and former female employees could make a unified claim of systematic discrimination over the last decade, CNN reported. The plaintiffs alleged women were paid less than men and sought back pay and punitive damages. The lawsuit originated in Pittsburg, California, which is outside Oakland, by Betty Dukes, a greeter at a Wal-Mart store there.

While the Supreme Court decision broke up the possibility of a class-action lawsuit, it left open the possibility that more than 1 million past and present female workers could file individual cases against the retailer. A class action lawsuit means a group of plaintiffs who have similar claims against one defendant file one lawsuit jointly, as opposed to filing individual lawsuits.

The group lawsuit was first filed in 2001, Bloomberg reports, and the filing of any new individual gender-bias claims by women covered under the group case was put on hold. Now that the case has been disbanded, the hold has been lifted. By law, a plaintiff generally has 180 days from the date of discrimination to file a lawsuit. If a state or local agency enforces a law that prohibits discrimination on the same basis, a claimant has 300 days.

While some may think that the giant retailer facing potentially more than 1 million lawsuits is shocking, consider the statistics from the U.S. Equal Employment Opportunity Commission, the agency responsible for enforcing federal discrimination laws.

In 2010, there were 99,922 charges of discrimination nationwide, the highest on record. That’s a 25 percent increase in the last decade. The complaints relate to a person’s race, sex, national origin, religion, age, disability and other factors. While a small percentage of those charges will ultimately be considered justified, there are many workers who believe they aren’t being treated fairly. If you are one of them, call for a free consultation.
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July 12, 2011

Texas Woman Sues Former Boss For Age Discrimination For Not Dying Gray Hair

by Fakhimi & Associates

A Houston-area woman has sued her former employer for age discrimination, alleging she was told to dye her gray hair and was fired after refusing to do so, the Houston Chronicle reports.

The Employment Law Team of Orange County is committed to helping employees who face discrimination for any reason, whether it’s age, gender, race, sexual orientation or other factors. Penalizing someone for anything but a poor job performance is unlawful and mustn’t go unpunished.

According to the newspaper, the woman worked as an escrow officer and branch manager at Capital Title of Texas after working her way up from receptionist, but was told in 2009 to dye her hair and wear younger-looking clothing, but she refused. She was replaced by a woman 10 years younger. Her job at the time was to close real estate transactions, requiring coordination among buyers, sellers, lenders, insurance companies and real estate agents. Her main account was a builder that generated 35 to 40 closings a month.

The lawsuit also claims that because the company was relocating to new digs in an upscale area of Houston, her bosses wanted her to wear “younger fancy suits” and lots of fancy jewelry.

Her former boss said no such discrimination occurred, but that she was replaced because one of its customers no longer wanted to do business with her. The allegations were called “completely baseless and preposterous” But the woman says she was never told of any performance complaints when she was fired.

While employees are able to set guidelines for the appearance of employees and take actions such as requiring uniforms, combed hair and tucked-in shirts, they can’t take adverse actions against an employee based on age, sex, race, religion, national origin or disability. The woman has since taken a job at $18,000 per year less than she was making.

While it sounds obscene that an employer would instruct a woman to dye her hair in order to look younger, it does happen. Employers are always looking for optimum performance out of their employees and sometimes they take the idea too far.

Companies aren’t allowed to require their workers to change their physical appearance in order to satisfy some kind of standard they’ve created. In this case, if the facts are true, it appears the woman was told to look nicer, which has no reflection on her ability to perform the job. It will be interesting to see if her company is able to prove any kind of documented performance issues occurred before she was asked to dye her hair.

Older employees who are fired simply because of their age, or those who aren’t hired in the first place because employers falsely believe they won’t be able to adapt to new technologies, can face emotional setbacks and a lack of earning potential in the future if they face discrimination. Finding a job is difficult right now for anyone and perhaps especially so for older workers. So, those who are unjustly terminated or passed over for opportunities and promotions should take action today.
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June 25, 2011

In Wal-Mart Stores, Inc. V. Dukes, U.S. Supreme Court Rules Against Workers in Discrimination Lawsuit

by Fakhimi & Associates

The U.S. Supreme Court in Wal-Mart Stores, Inc. V. Dukes recently ruled that a class-action lawsuit made of 1.5 million female Wal-Mart workers can’t proceed because the plaintiffs haven’t shown justification for class-action status.

Orange County Employment Lawyers believe this is another slap in the face to workers who stand up to their companies over discrimination issues. Discrimination in California, whether because of gender, age, race, religion, sexual orientation or other reasons, is unacceptable and unlawful. If you have been discriminated against or retaliated against at work, call our law firm today.

In the Wal-Mart case, the Supreme Court decided 5-4 that the plaintiffs, which could be more than a million female workers, past and present, hadn’t shown the company operated under a “general policy of discrimination,” according to justices. The court ruled that they haven’t shown that Wal-Mart, given its significant size of more than 4,300 stores, has a policy that every manager followed to discriminate against women.

The issue was whether 1.6 million current and former female employees could make a unified claim of systematic discrimination over the last decade, CNN reported. The plaintiffs alleged women were paid less than men and sought back pay and punitive damages. The lawsuit originated in Pittsburg, California, which is outside Oakland, by Betty Dukes, a greeter at a Wal-Mart store there.

While this is discouraging news, the justices only ruled on whether the original lawsuit can be handled as a class action, leaving open the possibility that more than a million individual cases will be filed in courts across the country, including in Orange County.

Women have been fighting for equal pay for years and large corporations are sometimes guilty of discriminating against people based on many different factors. These types of work situations can be difficult to handle in the workplace and shouldn’t be tolerated. They must be fought.

Of the more than 99,000 charges of discrimination tallied by the U.S. Equal Employment Opportunity Commission in 2010, more than 29,000 were based on sex discrimination. That accounted for 29 percent.

That’s a large number of cases based on gender, or sex, discrimination. California’s Fair Employment and Housing Act as well as the federal Title VII statute provide protection for employees. The laws also apply to people applying for jobs. Companies aren’t allowed to show unlawful favoritism against protected groups of employees.

If you noticed a pattern of a particular race of people, employees from a certain national origin or workers of the same gender being treated unfairly, it’s possible that discrimination is occurring at your workplace. If you have been passed over for a promotion for someone less qualified, it’s possible that you yourself have faced discrimination.

Laws protect people from discrimination and from retaliation for people who stand up to the companies that are doing wrong. But it often requires the threat of legal action or actually filing lawsuits to get businesses to change their ways. So, don’t attempt to fight these injustices on your own. Be backed up by a law firm dedicated to protecting your rights.
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June 16, 2011

Gender Nondiscrimination Act Working Its Way Through California Senate

by Fakhimi & Associates

The California State Senate Judiciary Committee recently voted in favor of a bill that would strengthen employment, housing and other civil rights protections to all Californians, especially those discriminated against based on gender identity and expression, the San Francisco Bay Times reports.

Discrimination can come in all aspects of life, whether it be in public or in the workplace. Our Orange County Employment Law Attorneys are dedicated to fighting with people who feel they have been treated unfairly based on a myriad of factors, including their gender, race, sexual orientation or age. California employment law is complex and applies to many types of problematic behavior, so if you feel you have been wronged, call today.

AB 887 passed the recent committee and now must be passed by the California State Assembly. It may reach the senate floor in the coming weeks.

According to the news article, the bill takes existing protections based on gender identity and expression and enumerates them as protected categories in nondiscrimination laws. More than 100 cities nationwide already provide protection for gender identity and expression.

Anaheim discrimination at work is unacceptable, regardless of the reason and California’s Fair Employment and Housing Act and Title VII provide protection for employees and job applicants. These protections are designed to make sure that people don’t face discrimination of any kind.

These state laws make sure a company doesn’t deny promotions to, hire someone less qualified than or retaliate against employees. Workers are protected from termination, adverse actions, harassment and retaliation based on race, religion, color, national origin, ancestry, physical or mental disability, medical conditions, sex marital status, pregnancy or childbirth, sexual orientation or age.

Sometimes, discrimination at work is overt and out in the open — such as a boss joking in front of many people that he or she didn’t hire someone because they are old and probably wouldn’t be willing to learn new computer techniques. Other times, closed-door meetings or more covert or systemic biases prevent a minority from advancing. These injustices sometimes require whistleblowers — people willing to step up to protect the rights of others.

Unfortunately, discrimination and retaliation, whatever the rest, isn’t that uncommon. According to the U.S. Equal Employment Opportunity Commission, there were 99,922 complaints of discrimination in 2010. That’s up 24 percent from 1997 and is an all-time high in the United States.

It is sad, but for a country that prides itself on equal protection and individual rights, there are many cases of discrimination these days. Take, for instance, a recent report by The Los Angeles Times that the Los Angeles Police Department has paid out more than $18 million in jury verdicts and lawsuit settlements regarding workplace injustices such as sexual harassment and racial discrimination.

No company or business is immune to bad decisions and deliberate inequalities that plague our society. If you or a loved one believes you have been treated unfairly at work or by not being hired for a job, call our firm today. The sooner we are able to assess your case and take action, the better.
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June 8, 2011

Judge Throws Out Burbank Police Discrimination Lawsuit

by Fakhimi & Associates

A Los Angeles County Superior Court judge has dismissed a major discrimination and harassment lawsuit filed by a former police lieutenant, according to the Burbank Leader.

The police lieutenant alleged that he was placed on administrative leave in retaliation for complaining of an improper relationship between the police chief and the officers’ union and that he suffered repeated acts of harassment as well as racial discrimination in Burbank.

Discrimination and harassment at work, unfortunately, is not uncommon. And many people are quickly put into a powerless position of having to determine whether they want to risk their careers and jobs in a bad economy or endure what they know is wrong. If you feel you have been harassed or discriminated against at work, contact Orange County Employment Lawyers for a free consultation. We understand these sensitive issues and can give you good advice about your situation.

According to the news report, in dismissing the case, the judge called the allegations against the Burbank Police Department unfounded and lacking. The lieutenant had hoped to sue on behalf of other officers as well.

The lieutenant and 11 other officers were being investigated by the FBI regarding excessive use of force in a 2007 robbery case. In 2009, a detective filed a civil rights lawsuit against the lieutenant and other officers, claiming he was harassed after witnessing the lieutenant place the barrel of his gun under a suspect’s eye. That case was also dismissed.

Both the lieutenant’s case and the detective’s case against the lieutenant are being appealed.

According to the U.S. Equal Employment Opportunity Commission, the agency received nearly 31,000 claims of workplace harassment in 2010, which is up 35 percent from 1997. In the same time period, overall claims of harassment, from sexual harassment, gender discrimination to age discrimination, the number of claims increased 23 percent from 1997 to 2010. In 2010, 99,922 complaints were filed.

What this shows Orange County Employment Lawyers is that there are many people in the California workforce who aren’t being treated fairly. Sometimes, bosses or corporations don’t intend to discriminate and sometimes it can be obvious and intentional. Workers sometimes don’t even know it’s happening. It may take a company whistleblower to point out things that are said in closed-door board meetings.

Regardless of the reasons or how it happened, it is wrong and should be stopped. It’s possible that a strongly worded letter or meeting can fix the issue. But sometimes it requires litigation. Whether the matter deals with federal employment law, which deals with labor laws and certain types of discrimination, or California employment law, which is broader, an attorney should be contacted. Santa Ana employment lawyers are here for you.
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June 1, 2011

Gay LAPD Officer Wins $1 Million in Discrimination Lawsuit

by Fakhimi & Associates

A Los Angeles Police officer recently was awarded $1.1 million by a jury after claiming he was harassed and suffered retaliation because he is gay, The Los Angeles Times reports.

The Orange County Employment Law Team has seen how retaliation and discrimination in the workplace can make working in an office extremely difficult, break up friendships and ruin careers. That’s why it’s important to take action if your company is allowing you to be harassed or discriminated against at work. Consult with an experienced Orange County employment lawyer can help protect your rights.

The LAPD sergeant and media relations spokesman sued the department after his supervisor made derogatory remarks about his homosexuality. According to the story, the officer made several attempts to voice his concerns through official channels, but his complaints were determined to be unfounded.

In the summer of 2009, he was transferred to the skid row area. The officer argued to the jury that the transfer from the prestigious media relations section was punitive and that it cost him future opportunities for promotion. He testified it was a difficult decision to sue, but that he felt if the department wasn’t challenged, it wouldn’t change its ways.

According to the article, between 2008 and 2009, there were 350 internal investigations done regarding discrimination and retaliation complaints and only one was upheld. Yet, a Times investigation found that over the last decade, at least 16 other officers have won million-dollar-plus jury verdicts, totaling more than $18 million against the department.

Retaliation on the job is unlawful, plain and simple. In the case of Crawford vs. Metropolitan Government of Nashville and Davidson County, Tennessee, the U.S. Supreme Court held that it’s unlawful for an employer to retaliate against an employee. The law protects workers from unfair treatment, so use the law for you if you have been wronged at work.

While retaliation is a serious allegation, there is more frequently discrimination on the job. Retaliation is usually easy to spot, while discrimination can happen behind closed doors.

There is a difference between sexual discrimination and sexual harassment. Harassment is when a person receives unwelcome sexual advances from a co-worker or a person of power, is sent emails with sexual overtones that aren’t appropriate for the workplace or lewd comments made by co-workers.

Sexual discrimination happens when someone isn’t promoted, isn’t hired or is otherwise mistreated based on the employee’s gender or sexual orientation. According to the California Constitution, it is unlawful to discriminate against someone based on their gender, sexual orientation, race, ethnicity or other factors.
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