California Employment Lawyer Blog

While many cases of discrimination in Newport Beach relate to on-the-job issues, it is possible for a person in the public to face these same problems.

Newport Beach discrimination lawyers have seen examples of consumers who are denied service or rights based on an employee's bias or racism. Discrimination in public has no place in our society just like discrimination in the workplace. People have the right to be treated equally, regardless of how they look or talk.

In a recent case in Newport Beach, an upscale steakhouse printed receipts for a black customer with a racial epithet instead of the man's real name. The case was scheduled to be heard by a jury, but the two sides reached a settlement. The amount of the settlement hasn't been revealed.

According to news reports, the settlement came after the Newport Beach discrimination lawyers for the man were able to investigate the restaurant's receipts to look for other examples of widespread racism. After being allowed by the court to search the restaurant's records, attorneys allegedly found 12 other examples of blatant racist comments, the Orange County Weekly is reporting.

The restaurant's owners stated that the restaurant group doesn't discriminate against any group of people. While there may not be the view at the top, clearly some employees think otherwise. The newspaper reports that a bartender was responsible for the actions and that employee has been fired.

The customer apparently frequented the restaurant, had brought guests there and was even a generous tipper. But after noticing his receipt after a return to his home, the man confronted restaurant managers and other employees, who apologized and tried to downplay any notion of bigotry.

There have been other recent examples of employees who have printed receipts for customers using racial names. This type of bigotry has no place in our society. If immature workers think this sort of thing is funny, they shouldn't be working.

And sometimes the problem isn't just with the individual employee. The problem may start at the top and trickle down. If there is an environment of discrimination, where it is seen as acceptable or a joke, then employees feel more comfortable having these attitudes.

Consumers, like employees, have rights. They must be treated fairly and can't face discrimination based on race, religion, gender, age, disability, national origin, sexual orientation or other bogus reasons. If they do, both California and federal laws are designed to protect them from these types of actions.

But the only way to stop these sorts of actions is to fight back. Filing a discrimination charge with the government is a start. Sometimes litigation is necessary to ensure that this wrong doesn't go unpunished. In either situation, the victim should have strong legal representation to ensure his or her rights are protected and the best possible outcome is reached.

Continue reading " Newport Beach Racial Discrimination Lawsuit Settled by Steakhouse " »

The Los Angeles County Sheriff's deputy who arrested actor Mel Gibson for DUI in 2006 has agreed to a $50,000 settlement with the sheriff's department for retaliation, the Los Angeles Times is reporting.

Retaliation in Newport Beach can be a problem in a variety of situations in the workplace. If a worker speaks out about discrimination and then starts to feel he or she isn't getting the same type of opportunities, accounts, training or promotion, this may be a classic case of retaliation. California employment laws are designed to protect employees who may need help being treated fairly.

Newport Beach employment lawyers understand that retaliation has no place in an employee-employer relationship. A person shouldn't be looked down upon for trying to do what is right. Whether it's reporting discrimination or following ethical guidelines that may ruffle some feathers, the law is designed to ensure those employees are protected.

According to the news article, the 2006 arrest, which made international headlines, has been causing the deputy problems ever since. The deputy alleges that his supervisors retaliated against him ever since he refused to remove the actor's anti-Semitic slurs from the initial police report.

It was those slurs -- more than the arrest itself -- that made the story such a big one. The deputy's Fullerton employment lawyer told the Times that the settlement wasn't done for the money, but rather the principle of the matter. The deputy said he was "constantly in fear" when he went to work.

The deputy, who was assigned to handling DUI arrests in Malibu at the time, said he included the actor's words, "the Jews are responsible for all the wars in the world" to illustrate the level of intoxication.

A supervisor told the deputy that the material in the police report was "not acceptable" because the comments weren't relevant to the DUI arrest. He said bosses instructed him to remove the comments and include them in a supplementary report that wouldn't have been available to the public initially.

He eventually followed orders and created a separate report that was placed in a locked safe, along with recordings and evidence found in Gibson's car. But the report was leaked to celebrity news site TMZ.com and officials later discovered calls between the deputy's home and TMZ founder Harvey Levin.

The sheriff's department was criticized for its handling of the case, including allowing Gibson to leave the station without being fingerprinted and without signing a statement to appear in court. He was also driven to the tow yard by a sergeant.

The deputy did the right thing for standing up for the correct way of handling things. If law enforcement is going to be starstruck because of an actor, policies and personnel need to change. It appears from the article that deputy was placed in a difficult work environment after the fact, which qualifies as retaliation. No worker should have to deal with that.

Continue reading " Newport Beach Discrimination Settlement Reached for Mel Gibson's Arresting Deputy " »

A pharmaceutical company was recently slapped with a $99 million settlement for not paying sales representatives overtime pay, Bloomberg Businessweek is reporting.

Orange County employment lawyers have seen many types of companies that try to twist rules and cut corners to maximize their profits. Sadly, executives -- making six or seven figures a year, plus stock options -- view low-level employees solely as a means to make this money.

In some cases, businesses will look at wages or overtime as a way to save money. Often, though, this leads to a wage or hour dispute in Santa Ana. If companies are directing supervisors to falsify time sheets or deny money for work done, it can lead to complaints and lawsuits. Sometimes, these matters require the skills of an experienced lawyer to ensure the employee doesn't get shorted.

In this case, according to the news article, the company found itself as a defendant in a lawsuit involving 7,000 former and current employees. A judge recently agreed to a $99 million settlement in the case, which goes back to 2006.

Workers settled the case before the U.S. Supreme Court was ready to decide if drug makers must pay overtime to up to 90,000 sales representatives. A drug company is challenging whether federal wage-and-hour laws protect sales employees.

According to court records in the case, sales representatives say they were denied overtime pay, in violation of federal wage laws. This federal law deals with most public and private employment and includes laws and rules for different types of industries.

A lower court has ruled that sales representatives should be allowed to receive overtime pay and now the nation's high court is set to hear arguments on the matter. These workers may be entitled to back pay and lost wages.

Businesses will try to save money any way they can and doing it through the hard work of their employees is certainly an option they consider. Sadly, this can lead to major financial problems for an employee who is working more than 40 hours a week and not being paid for it.

In cases like this, it's necessary to hire an experienced Orange County employment lawyer before you discuss the matter with your employer. If companies admit to fault, it can open up a wave of problems for them, so often when they don't pay a worker overtime, they will continue to deny it and defend themselves in court, if necessary. Don't let the company break the law and win.

Continue reading " Santa Ana Wage Violation Costs Company $99 Million " »

A firefighter recently settled his Los Angeles sexual harassment case with the Los Angeles Fire Department after it was proven co-workers harassed him at work over a church sex scandal, the Los Angeles Times reports.

Many people believe that sexual harassment in the workplace only happens to women from male subordinates, but this simple isn't the case. Orange County sexual harassment lawyers have seen many cases where men face harassment at work from female bosses or even male co-workers who aren't following company protocols and procedures.

The Catholic Church scandal and other sexual abuse allegations made against churches and religious organizations have brought forward a new crop of victims. And as these cases have become public, they have garnered much media attention. This unwanted attention from people who have grown up with dark secrets can lead to problems at work.

If co-workers find out that an employee has a pending lawsuit against a church for alleged sexual abuse, someone may inappropriately try to talk about it at work. If the victim tells co-workers or management they don't want to talk about the personal issue at work, but people persist, it could qualify as sexual harassment.

That's what happened in this case. According to the Los Angeles Times, the firefighter had filed a lawsuit against the Los Angeles Archdiocese over alleged sexual abuse. When a co-worker found about about it, it led to others mocking the man and using sexually explicit language.

The man filed a formal complaint with the Equal Employment Opportunity Commission in 2007 and the commission found in his favor that he was harassed. The department recently announced it would pay him $494,150 to settle the case. On top of the payment, the department must enforce policies against discrimination, retaliation and harassment. The department will also have to offer an equal employment opportunity complaint system.

Comments made to a person in a work setting should be work-related and not used to intimidate or harass another person. Certainly, people can form relationships that become friendly at work and that is fine. But as the barriers between co-worker and friend begin to blur, this can lead to possible examples of harassment.

This is also true in cases where two co-workers don't get along. If one outwardly shows that they don't like the other, their comments can more easily be seen as harassing in nature. Businesses and agencies must have policies and training in place to avoid these types of situations.

A worker should not have to deal with sexual harassment in the workplace. Any crude jokes, inappropriate stories or shared emails can make a person not only uncomfortable working there, but also make it so they are less productive. If the bosses and company aren't enforcing policies or they don't have policies in place, they can be held liable.

Continue reading " LAFD Decides to Pay $500,000 to Firefighter Who Was Sexually Harassed " »