California Labor Law News

Cupcakes with Termination Tasteless

San Francisco, CA First there was the Twinkie defense and now cupcakes for the wrongfully terminated - only in San Francisco! While Maryann’s employer thought the gesture would soften the blow, she believes there is no room for cupcakes in the California labor laws.

October 28, 2013

Home Depot Faces California Labor Lawsuit

Orange County, CA Home Depot reportedly faces a California labor lawsuit alleging the company discriminated against gay employees. The lawsuit, which was filed in California, also alleges harassment on the part of some Home Depot employees and contends that Home Depot discriminates against gay employees to avoid benefits offered under the California Domestic Relationship Act.

October 21, 2013

Janitors Allege Ross Dress for Less Equates Work for Less

Oakland, CA A California-based chain of discount clothing stores has been accused of undermining fair play and fair pay for custodians by allegedly creating a sophisticated scheme that serves to lower the chain’s costs for custodial services on the backs of low-paid immigrant workers in violation of California labor law, or so it is alleged.

October 14, 2013

When Does Drug Testing Violate the California Labor Law?

Torrance, CA Colin was given a drug test prior to being hired as a computer technician. Generally, California labor law allows employers to test applicants for drugs. But Colin was terminated two months after he was hired, with the excuse that he tested positive for pot.

October 7, 2013

Salvation Army Faces California Labor Lawsuit

Sacramento, CA The Salvation Army faces a California labor lawsuit alleging a female employee was sexually harassed while working for the nonprofit organization. The California labor law lawsuit names both The Salvation Army and one of its captains as defendants.

September 23, 2013

Bank of America Loses Arbitration Bid in Overtime Lawsuit

Los Angeles, CA An overtime pay lawsuit can be dealt with through the courts and not through the arbitration system, a federal court judge has found. The lawsuit, filed in New York and representing two New York and one California Merrill Lynch and Bank of America employees, alleged Merrill Lynch and Bank of America violated the Fair Labor Standards Act by exempting certain employees from overtime pay. Merrill Lynch and Bank of America sought to have the claim heard in arbitration, but a judge has ruled arbitration cannot be forced in this case.

September 19, 2013

Upscale Sushi Restaurant Hit with California Labor Code Allegations

Beverly Hills, CA One might assume that a high-end restaurant, where a typical bill for two routinely tops $1,000, would take very good care of its employees. However, that doesn’t appear to be the case for one California sushi bar that is currently fighting alleged violations of California labor law.

September 16, 2013

What Rights Do Illegal Immigrants Have regarding Wage and Hour Issues?

Sacramento, CA Moises is an illegal immigrant who has been working in California for many years. According to Moises, his former employer violated a number of California labor laws, including overtime and wrongful termination. As an illegal, does Moises have the right to file a California labor lawsuit? Employment attorney David Yeremian weighs in…

September 15, 2013

Female California Agriculture Workers Exposed to Harassment, Assault

Salinas, CA Among widespread complaints involving violations of California labor law are allegations of failure to pay overtime, wage and hour issues, and wrongful termination. But for women working in California’s agricultural industry, violations of federal and California state labor laws allegedly include widespread harassment and sexual assault. Although these actions constitute violations of California labor laws, many women are afraid to come forward, either because they fear retaliation or because they do not realize sexual harassment is against the law.

September 9, 2013

When Is a Supervisor Exempt under California Labor Law?

Sacramento, CA Claudia is employed as a supervisor in the retail industry, and as such, she is classified as exempt, which is in keeping with the California labor laws. But she spends most of her time stocking shelves, helping customers and cleaning the store after hours, for which she does not get paid overtime. Claudia believes she has been misclassified.

September 2, 2013
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