Two Very Different California Labor Code Lawsuits

San Francisco, CA His employer didn’t require advance notice of media appearances. And a former managing director of the New York Stock Exchange (NYSE) did not specifically represent the views of his employer when he was recorded for a segment of The Daily Show last year. Nonetheless, plaintiff Todd Wilemon’s employers were not happy with the outcome of what turned out to be a short segment on the show and terminated Wilemon from his job. Wilemon alleges the termination is in violation of California labor law and has filed a wrongful termination lawsuit.

The case is Wilemon v. Intercontinental Exchange Inc., Case No. GCG-15-544667, in the Superior Court for the State of California, County of San Francisco.

According to court records, Wilemon served as a managing director of NYSE Euronext from 2009 through 2014, and was often sought out by media such as Fox News and Al Jazeera to comment on behalf of the NYSE. According to court records, in February of 2014 Wilemon was contacted by a producer associated with the satirical program, The Daily Show, and was asked if he would be interested in presenting his views on the Affordable Care Act (ACA).

Wilemon, according to the California labor lawsuit, agreed to participate - although he specified he would not be representing the views of the NYSE or, for that matter, Fox News. He did agree, however, to be identified as a “Fox Business Guest Commentator,” and was aware of The Daily Show’s capacity to edit several hours of footage into what became a seven-minute satirical segment.

Even though Wilemon did not represent the views of his employer, NYSE’s parent company Intercontinental Exchange Inc. was not happy with the outcome and terminated Wilemon’s employment in violation of the California labor code, or so Wilemon alleges in his California labor lawsuit.

“Defendants terminated plaintiff’s employment due to defendants’ own antipathy for the political message of The Daily Show, which is widely regarded as an influential progressive political platform and defendants’ assumption that their financial industry clients shared defendants’ said antipathy,” the suit says. Wilemon seeks damages not less than $150,000.

That’s how the cookie crumbles

Meanwhile, in an unrelated California labor employment law case, the Office of the California Labor Commissioner has cited a Vista-based wholesaler for numerous violations to California and labor law, including allegations of wage theft.

According to a news release (3/20/15) from Labor Commissioner Julie A. Su, Cookies con Amore denied various employees overtime pay, rest periods and meal breaks. Su also alleged that Cookies con Amore forced some of the 73 workers affected to sign a statement agreeing to the practices that amounted to wage theft violations.

It is alleged that between October 2013 and December of last year employees were made to work 10 hours a day or longer, but paid straight time without any provision for overtime pay, in an alleged violation of California labor employment law. Within that time, it is alleged that employees were given only a single, 30-minute break.

It is alleged that some workers were mandated to sign a written consent, agreeing to working conditions and circumstances that the Office of the Labor Commissioner held as substandard. If they did not agree to sign the waiver, it is alleged that employees were told to seek employment elsewhere.

“California workers deserve to be paid fairly and fully for their labor, and employers who deny them their wages and benefits will be held accountable,” said Christine Baker, Director of the Department of Industrial Relations (DIR). The Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE), is a division within DIR.

“We appreciate the brave workers who cooperated with our investigation and the California Rural Legal Assistance, a critical partner to us in helping workers come forward and report such violations,” Su added.

Cookies con Amore supplies gourmet cookies to Whole Foods, gourmet grocery stores and food outlets.

With regard to the foregoing violations to California state labor laws, Cookies con Amore was assessed $120,665 including $51,444 in overtime wages, and $69,221 in rest and meal time periods, which will be paid to the affected workers, and an additional $63,800 in civil penalties.