Temporary Worker News

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.

December 27, 2016

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.

December 26, 2016

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 report from researchers at USC, undocumented workers make up almost 10 percent of California's workforce, and contribute $130 billion to the gross domestic product yearly. Individual industries face even higher rates of undocumented workers; almost 40 percent of the agriculture industry is made up of undocumented workers.

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.

December 22, 2016

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.

December 16, 2016

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.

December 11, 2016

Popular personalidad de la radio de Los Ángeles apela a una Terminación Injustificada de Contrato de California

Los Ángeles, CA: Un ex locutor de la emisora de radio K-Love 107.5 Los Ángeles reclama que su antiguo empleador, Univision Communications Inc. (Univision), terminó injustamente su contrato con la estación de radio, a pesar de los altos índices de sintonía, por presunta tardanza para llegar al sitio de trabajo, cuando en realidad la demandante Sofía Soria estaba luchando contra un tumor estomacal y requirió cirugía, o al menos eso alegó ella. Soria lanzó una apelación de Terminación Injustificada de Contrato en California, la cual fue oída a principios de noviembre.

December 8, 2016

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.

December 2, 2016

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.

November 21, 2016

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.

November 16, 2016

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.

November 9, 2016
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