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.
Sacramento, CA.: Una nueva ley laboral de California intenta asistir a los trabajadores de la industria de limpieza en combatir el acoso sexual en el trabajo. La ley, firmada el 15 de septiembre de 2016 por el gobernador Jerry Brown (D), asiste a los conserjes en entender y protegerse a sí mismos del acoso sexual y requiere a los patrones registrarse con la División de Cumplimiento de Normas Laborales de California.
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.
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.
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.
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.
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.
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.
Los Angeles, CA: A California ERISA lawsuit is demonstrative of the interpretation possible with regard to just what is, and isn’t a so-called ‘church’ pension plan. The latter is a less-restrictive, less-regulated entity that is not required to meet the normally strict guidelines and requirements for managing an employee pension plan under provisions of the Employee Retirement Income Security Act, as amended in 1974.
San Francisco, CA: California's Ninth Circuit Court of Appeals recently ruled that employer contracts preventing employees from filing class action lawsuits and requiring employees to file claims through separate proceedings are not enforceable. This means that employees who have signed arbitration clauses in their contracts and had their rights violated may be able to file a California labor lawsuit in situations they may not have been able to before. California labor lawsuits are frequently filed in relation to wage and hour violations, but some companies have moved to clauses requiring employees to file individual arbitrations to settle legal disputes.
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