California Labor Law News
California Donning and Doffing a Contentious Issue
Los Angeles, CA: Getting into and out of work gear is a problematic area of labor law, especially if employees do not have control over how and when they carry out their donning and doffing duties. When putting on and taking off work gear adds 30 to 60 minutes to a shift—and could count as overtime—employees want to be paid for their time. Hence, donning and doffing lawsuits alleging dressing and undressing for work should be counted as compensable time.
California Discrimination Alleged Against Iconic Bel-Air Hotel
Los Angeles, CA: The Hotel Bel-Air, a facility that has risen to iconic status since it first opened its doors in 1922, closed for extensive renovations in 2009. That process took two years to complete. At some point, however, prior to its re-opening in 2011 the hotel is reported to have undertaken a hiring drive. In so doing, the hotel operators are alleged to have snubbed existing employees who were members of a union. Union members alleged California discrimination.
McDonald’s Settles California Compliance Lawsuit for $3.75 Million
San Francisco, CA: McDonald’s has settled a California compliance lawsuit alleging the company violated state labor laws by failing to properly pay overtime. As part of the settlement, the company will work with the owner of the franchise that faced the lawsuit to ensure it remains compliant with California labor laws.
Popular Los Angeles Radio Personality Appeals California Wrongful Termination
Los Angeles, CA: A former announcer with the Spanish-language radio station K-Love 107.5 Los Angeles claims her former employer, Univision Communications Inc. (Univision), wrongfully terminated her employment with the radio station, in spite of high ratings, for alleged tardiness, when in reality plaintiff Sofia Soria was battling a stomach tumor and required surgery, or so she alleged. Soria launched a California Wrongful Termination appeal, which was heard in early November.
FMLA Lawsuits on the Rise
Washington, DC: A new report from Bloomberg BNA (10/24/16) suggests the number of Family and Medical Leave Act lawsuits is on the rise. In California, FMLA lawsuits have been filed against employers, alleging violations of employee rights to family and medical leave.
According to a report by Bloomberg (10/24/16) the number of FMLA lawsuits filed has increased in the past four years. Based on data from the Administrative Office of the U.S. Courts, the number of private lawsuits regarding FMLA complaints filed in federal courts in 2012 was 404. By 2015, that number had jumped to 1,181. During the same period, the number of FMLA complaints made to the Department of Labor's (DOL) Wage and Hour Division dropped from 1,723 in 2012 to 1,419 in 2015. Going further back, in 2010 there were 2,094 complaints filed with the DOL.
Among the complaints made about FMLA violations to the Department of Labor in 2015, the
One possible reason for the increase in lawsuits and decrease in DOL complaints is that under the FMLA, employees do not need to file a complaint with the DOL before they file a lawsuit.
In California, an FMLA lawsuit was reportedly filed by a man who alleges he was fired for taking time off to care for his newborn children. According to the Northern California Record (10/11/16), Stanley T. Shen worked for Recreational Equipment Inc (REI) from March 2005 until October 2015. In both 2013 and 2015, he requested four weeks of unpaid FMLA leave so he could take care of his newborn children. In both cases, he was allegedly only given two weeks of FMLA leave.
The lawsuit alleges Shen was fired in retaliation for taking his FMLA leave.
Employees who have worked for a covered employer (either a public agency or a private employer who has 50 or more employees) for at least 12 months, for 1,250 or more hours during the year prior to the FMLA leave, and are at or within 75 miles of a location where at least 50 employees work are eligible for FMLA coverage.
The lawsuit is Shen v. Recreational Equipment, Inc., et al. 2:16-cv-07308, in US District Court for the Central District of California.
Undocumented Workers Have Rights, Represent Value to California Economy
Sacramento, CA: While undocumented workers and illegal immigrants have been taking a pounding (primarily from the Republican candidate) in the US Presidential election, the fact remains that undocumented workers in California make up ten percent of the State’s overall work force and represents a contribution of $130 billion to the gross domestic product in the State.
California Nurses File Claims Against Twin Cities Community Hospital
Templeton, CA: Fifty-three nurses have filed administrative claims against Twin Cities Community Hospital, alleging they have been victims of California labor violations, which resulted in them not receiving their legally mandated breaks. An administrative claim is a step before a civil lawsuit, which could be filed depending on the outcome of the administrative claim.
A Relationship between California OSHA and Wells Fargo
Pomona, CA: As occupational health and safety regulations continue to be strengthened, California OSHA complaints have evolved from the sensational debacle surrounding allegations that banking giant Wells Fargo established accounts in the names of various Wells Fargo clients allegedly without their permission, in a bid to increase fees. Various fines have been levied against the bank, investigations have been launched and thousands of Wells Fargo employees have lost their jobs in the wake of the alleged wrongdoing.
California Enacts Sexual Harassment Law Targeting Janitorial Industry
Sacramento, CA: A new California labor law attempts to assist workers in the janitorial industry combat sexual harassment at the workplace. The law, which was signed on September 15, 2016, by California Governor Jerry Brown (D), assists janitors in understanding and protecting themselves from sexual harassment and requires janitorial employers to register with California's Division of Labor Standards Enforcement.
Disappointing Outcome for California FMLA Plaintiff
San Bernardino, CA: In somewhat of a curious outcome to a California FMLA and harassment lawsuit, a jury has found in favor of the City of Redlands in a lawsuit brought by a former employee who alleged discrimination and harassment by the City and a City employee.
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