California Labor Law News
California Harassment Lawsuit Filed Against Goodwill Industries
Oakland, CA: A California harassment lawsuit has been filed against Goodwill industries and an affiliate, alleging the two organizations allowed female janitorial staff to be sexually harassed. The lawsuit was filed by five employees and the Equal Employment Opportunity Commission (EEOC) in US District Court for the Northern District of California and claims violations of the Civil Rights Act and the Americans with Disabilities Act.
California Undocumented Workers have an Ally in the State
Davis, CA: With the inauguration of President-elect Donald J. Trump mere weeks away, the fate of undocumented workers in California remains tenuous should Mr. Trump carry his campaign rhetoric forward to actual policy once installed in the Oval Office. Mr. Trump’s recent stance on the planned installation of a manufacturing plant in Mexico by Ford Motor Co. resulted in the cancellation of those plans when Trump hinted strongly that Ford would face massive taxation to bring Mexican-built cars across the border into the US.
Google Faces California Employee Lawsuit
San Francisco, CA: A Google employee has filed a California labor lawsuit alleging the company violates compliance laws by requiring employees to maintain illegal standards of confidentiality. Although companies are allowed to maintain confidential trade secrets, the employee alleges Google takes the secrecy too far and violates California labor laws in the process.
New California OSHA Workplace Violence Standard for Healthcare Workers
Sacramento, CA: There is little doubt that healthcare workers, second only perhaps to police officers, are amongst the highest groups of workers potentially exposed to workplace violence. Police have to worry about aggressiveness from criminals and suspects. For the healthcare worker, aggressiveness in the workplace can originate with patients showing aggression towards their healthcare provider. For 2017, the California Division of Occupational Safety and Health Administration (Cal/OSHA) is addressing this head-on with new guidelines which could come into effect as early as January.
Wells Fargo Whistleblower Files California Harassment Lawsuit
San Francisco, CA: A woman who reported wrongdoing at Wells Fargo has filed a lawsuit in California alleging she was fired in retaliation for reporting illegal activity and was harassed by her superiors. Diana Duenas-Brown, who worked at Wells Fargo in California for 14 years and was a branch manager for 11 years, filed the lawsuit on December 9 alleging wrongful termination and retaliation.
Appelate Decision: No Wrongful Termination for Warehouse Worker
Los Angeles, CA: A major media corporation got an early Christmas present December 20 when a three-judge panel with the Second Court of Appeal in California reversed a lower court’s ruling holding Time Warner Cable Services LLC (Time Warner, TWC) liable for wrongful termination and disability discrimination.
Both Sides Hint at Appeal in Dispute Between Wal-Mart and Truckers
Los Angeles, CA: Even though the losing defendant in a California employee’s rights and compliance lawsuit felt they had scored a win nonetheless, attorneys for Wal-Mart have signaled their likely intention to appeal the $54-plus million verdict. The plaintiffs, who were asking for more and received less than anticipated in the jury award for the plaintiff’s side, indicated they would appeal as well.
California Vows to Protect Undocumented Workers
Sacramento, CA: Following Donald Trump's election as US president, lawmakers have vowed to protect California's undocumented workers and other illegal immigrants from deportation. The move comes following promises from Trump to deport or incarcerate at least eleven million "criminal" immigrants. The California State Legislature, however, has passed resolutions that would challenge immigration policies that unfairly target or harm undocumented workers.
Undocumented workers are often the victim of workplace abuses because they fear deportation if they file complaints against their employers or supervisors. Although they are protected from deportation if they complain about illegal behavior at the workplace, the threat of action against them is often enough to silence those who do not know their rights. With new threats of deportation or incarceration for people who are here illegally, undocumented workers could face more victimization at the hands of their employers.
The Huffington Post (12/5/16) reports that at the start of its new session, the California legislature announced resolutions asking Trump to not follow through on his promised deportation policies. The resolutions, which are identical, note the importance role immigrants play in California's economy.
"Immigrants are vital to many of California's industries such as technology, health care, agriculture, construction, hospitality, and domestic services," read the resolutions. "Immigrants also represent a large percentage of small business owners and create [economic] prosperity and needed jobs for everyone."
According to a 2014
California also introduced two bills that would protect immigrants, including establishing a fund to pay for lawyers to defend immigrants at risk of deportation.
Among protections offered to immigrants in California are in-state tuition rates for undocumented students and driver's licenses for undocumented immigrants.
"It is neither humane nor wise to ignore the many contributions of this community to our economy and culture," Senate President Pro Tempore Kevin de Leon said in a news release. "California celebrates diversity. We don't deport it."
Senate Leader de Leon also stated that California would not return to inhumane immigration policies used in the past.
Undocumented workers who are victims of harassment, discrimination, abuse, or other labor violations have the right to file complaints against their employer without risk of deportation.
Court Allows FMLA Retaliation Suit To Proceed
Anaheim, CA: When it comes to defending Family and Medical Leave Act rights, regardless of whether the employee is in California or Ohio, there are certain rules an employer cannot break. Federal FMLA laws apply across the US, while state laws, such as California FMLA, apply only to the individual states. Despite the existence of state FMLA laws, though, there are regulations that employers in every state must follow. Among them is the rule concerning retaliating against employees.
US Supreme Court to Review ERISA Findings from Appellate Courts
Washington, DC: A court challenge that pits church-based health networks against ERISA provisions and interpretations is to be heard by the highest court in the land, following notification on December 2 that the US Supreme Court is going to weigh in by agreeing to review recent decisions by the appellate courts. As one of the health networks is based in California, the case is expected to have some influence and impact on California ERISA labor law.
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