California Employment Lawyer Blog

A group of celebrity investors have been named in a lawsuit by two men who worked for a restaurant and allege they weren't paid proper wages and were refused legal break times.

Wage and hour violations in Orange County can make work downright awful. How much an employee was owed for working last week or companies trying to trade overtime for comp. time against California law can make for some of the most contentious and bitter disputes in employment law.

An Orange County Employment Lawyer who has spent years in the courtroom battling corporations over these issues must be considered if this is the case in your workplace. Going 'round and 'round with a boss or up the ladder with a company can be exhausting and unproductive. Get serious.

According to the Los Angeles Times account, two ex-employees claim they were shorted for overtime and weren't allowed to take breaks for food and break as mandated by law. The former cook alleges he didn't get more than $28,000 in overtime and a dishwasher suing with him says he was shorted about $5,800 in pay.

The lawsuit comes as the newspaper reported on a study by the Restaurant Opportunities Center in Los Angeles, that found in February that 82 percent of the city's restaurant workers earn less than a living wage. Most don't get paid sick days, health insurance or have any way to advance in the company.

The study was based on 562 surveys of workers and 60 interviews with both workers and employers about the conditions of restaurant employment. The study focused on the plight of the restaurant industry's immigrant population, in particular. The lawsuit was filed by two Hispanic men, though their immigration status isn't known.

The study makes some interesting, and disturbing, findings about working conditions for those in the restaurant industry in Los Angeles. Every company wants to maximize profits, but it shouldn't come at the expense of its employees, who make the company what it is.

Sadly, another effect of the Great Recession and poor national economy has been the position it has put companies. In years past, there were fewer eligible workers on the market and companies were forced to treat their workers well in order to keep the best. But as unemployment numbers have risen nationwide -- unemployment sat at 9.2 percent in Orange County this June, according to the U.S. Department of Labor's Bureau of Labor Statistics -- businesses can use that economic pressure to keep workers quiet.

Thankfully, not all businesses act this way, but with fewer jobs available and more people seeking work, companies have the pick of the litter. But a worker must be treated fairly and must be paid what they should under the law.

Continue reading " Celebrities Sued Over Allegations of Labor Conditions at Los Angeles Restaurant " »

Imagine walking into a department store you love to shop at and having an employee tell you you can't buy something or they won't help you because of what you look like.

That's what a woman says happened to her in 2010, when she tried to buy a men's shirt from a Bloomingdale's department store in Century City. According to a lawsuit, reported on by the Los Angeles Times, the woman tried to make the purchase for her wedding, but was denied based on her gender.

Discrimination in Orange County and elsewhere is typically considered an at-work offense, but the truth is discrimination can occur in many settings -- from work to public housing or credit applications to the retail industry. Consulting with an experienced and aggressive Orange County Discrimination Lawyer as soon as possible can ensure the offenders are held accountable for their unlawful and unjust actions.

According to a lawsuit filed recently in Los Angeles County Superior Court, the woman went to the store to buy a shirt for her upcoming wedding. When she ventured into the men's department, seeking to buy a men's shirt for the occasion, she was alleged denied by a male employee.

The lawsuit states, according to the newspaper's account, that the woman walked into the upscale department store and was approached by a salesman. The man allegedly asked her for whom she was buying the shirt and the woman replied it was for her.

According to the newspaper, the worker used some "offensive" comments toward her and asked her why she would be buying a man's shirt. "You're a woman; you shouldn't wear men's clothing. He then turned his back to her and stalked away," the lawsuit states.

The woman then allegedly began to cry near the store's jewelry counter while waiting for a supervisor. The woman said she hasn't been able to re-enter the store since even though the store offered her a free shirt. The lawsuit seeks a jury trial and unspecified damages. The lawsuit names Bloomingdale's as well as parent company Macy's Inc. and alleges the stores refused to provide equal accommodations based on "her actual or perceived sex or sexual orientation."

Cases of discrimination are perhaps most common in the workplace, however, and California's Fair Employment and Housing Act helps protect workers from facing undue discrimination in small companies and contract situations. The law defines who is protected and under what circumstances.

There are also protections under federal employment law in Orange County. These protections typically apply to the age, gender, race, sexual orientation, disability and other characteristics of an employee.

People can face retaliation for filing complaints at work or they can be shorted pay in wage and hour disputes. There are many aspects of employment law in California that are designed to help the worker have a fair working experience without having to fear an unbalanced environment.

Continue reading " Bloomingdale's Sued For Alleged Discrimination in Century City " »

The U.S. Department of Justice recently settled its lawsuit against a Southern California city that it accused of violating the civil rights of a Buddhist group, the San Gabriel Valley Tribune reports.

The city of Walnut, which is east of Los Angeles, settled the complaint with federal authorities recently after the government accused the city of discrimination by denying the religious group's request to build a Zen Center, which would have been the only non-Christian religious center in the city.

Discrimination can come in many forms and none of it is lawful. Religious discrimination can happen in public, as this story suggests, but it can also happen in the workplace. Workplace discrimination in Santa Ana and throughout California shouldn't be tolerated and an experienced Orange County Employment Lawyer should be consulted if you or a loved one has experienced it.

The Justice Department's complaint alleged that the city denied the Zen Center's application in 2008 and until that point hadn't rejected a permit for the construction, expansion or operation of a house of worship since at least 1980.

Under the settlement, the city agreed not to impose different zoning or building requirements on other houses of worship. City officials will also have to attend training on religious discrimination and land use.

According to the news article, the group began designing its center in 2001, but in 2003, city officials began voicing concerns about the center. Despite concessions, including scaled-back plans, the city still rejected its application. The Buddhist group finally bought property in Pomona and opened a temple there, selling the Walnut land.

While this appears to be a clear case of religious discrimination in the public realm, this type of discrimination can happen at a job just as easily. In 2010, there were 3,790 complaints of religious discrimination filed with the U.S. Equal Employment Opportunity Commission. That's up from about 1,700 in 1997.

There were also 330 settlements in 2010, up from 89 in 1997. While many of the 3,800 religious discrimination complaints were unfounded, in about 10 percent, reasonable cause was found. In 2010, the commission settled $10 million in claims.

So, as you can see, it does happen. Employers tend to discriminate against religions they are less familiar with. But regardless of their knowledge level of a particular religion, they aren't allowed to promote others or afford fewer opportunities to someone based on their worship practices.

Religious discrimination falls under Title VII of the Civil Rights Act of 1964 and is federally regulated. Some provisions of the law:

-An employer shouldn't treat an employee less favorably or more favorably because of the employee's religious beliefs.

-An employee can't be forced to take part in religious activities as a condition of employment and can't be forced to forgo religious activities.

-An employer must reasonably accommodate the employee's religious practices.

Continue reading " California City Settles Religious Discrimination Lawsuit " »

A former female Los Angeles Airport police lieutenant was awarded nearly $1 million in a gender discrimination case by a jury recently.

This is just another case of businesses and agencies that don't treat their employees fairly and pay a hefty price for their illegal and unjust actions. Cases of workplace gender discrimination in Los Angeles and other injustices based on a person's age, race, religion, ancestry, sexual orientation or other factors go on every day. And that's why consulting with an experienced Orange County Employment Lawyer is important.

In the police officer's case, she worked for the LAX Police Department since 1980 and held a lieutenant's rank for 10 years. She alleged that being a woman prevented her timely promotion to a captain's position, the Times reports.

Based on her qualifications, she argued at trial, she should have been promoted several years ago, but didn't fit the "mold of a captain in a law enforcement organization." She retired last year and her jury awarded her $925,209 for the discrimination. Counts of retaliation and harassment were denied.

This case reminds us of several other high-profile cases of gender discrimination reported by the California Employment Lawyer Blog. Retail giant Wal-Mart is fighting off more than one million former and current female employees, who believe there is widespread gender discrimination at the company, which provides lower pay and fewer promotions to employees. A Texas woman recently sued her former boss for age discrimination because he allegedly wanted her to dye her gray hair.

Women have spent decades seeking equal rights in the workplace. But studies still show that their male counterparts are paid better despite the progress they have made. And this discrimination shows today.

There are many examples of women who are denied promotions, aren't hired at all or don't receive the specialized training on the company dime that male co-workers do. And sometimes this discrimination is wide open where all employees can see. Sometimes, this involves decisions made behind closed doors that violates the female worker's rights.

Regardless of how it happens, it is unjust and must be fought. In this tough economy, many people are thrilled simply to have a job and will endure discrimination if it means they are getting a regular paycheck, but this isn't acceptable. For those who believe they may be facing discrimination at work, simply consulting with an Orange County Employment Lawyer is a good first step.

It is sometimes possible to be awarded damages on top of back and future pay as well as remain employed if a case is settled or goes to trial and is successful. While there are no guarantees, each case should be explored to see what the options may be. Businesses and corporations must be held accountable for their practices that treat employees unfairly -- not based on their job quality but on factors they can't change.

Continue reading " LAX Policewoman Gets $1 Million in Discrimination Case " »