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Los Angeles Employment Law Blog

Discrimination: Man allegedly fired due to disability

Treating a person unfairly based on race or gender is wrong. Unfortunately, discrimination still happens in California and all across America. Discrimination can exist in many forms and those who experience it can be scarred for life. Employees in California who are discriminated against while at work can take legal action.

A man in another state was recently awarded almost $5 million from a lawsuit he filed after a disability allegedly cost him his job. According to the lawsuit, the man worked as finance director for an auto dealership. The lawsuit says the man was diagnosed with cancer and had to undergo a laryngectomy. After the procedure, doctors provided him with a prosthetic speaking device.

Physician faces retaliation for reporting staffing issues

No person should face negative repercussions for stepping up and doing the right thing. Unfortunately, this is a scenario that is far too common in workplaces across in the country. Workers in California are protected by law and should not fear retaliation for reporting inappropriate or illegal conduct. However, retaliation is often the very reaction of those who are called out for wrong-doing.

A physician in another state recently received a substantial monetary award from a wrongful termination lawsuit he filed after he experienced retaliation. The physician worked as the medical director for an emergency room. The lawsuit said the plaintiff became concerned about staffing after the facility opened a pediatric emergency room. Allegedly, the adult and pediatric emergency rooms were staffed with just one physician during the overnight hours.

Restaurant investigated for violating wage and hour laws

Unlike other countries, workers in the United States have rights and are protected by state and federal laws. The United States Department of Labor oversees the safety and fair treatment of workers in California and across the country by administering and enforcing labor laws. One of these laws, the Fair Labor Standards Act (FLSA) of 1938, establishes overtime pay and minimum wage, and sets standards on child labor. The Wage and Hour Division of the U.S. Department of Labor is in charge of the enforcement of the FLSA.

Recently, a restaurant in another state was investigated by the U.S. Department of Labor over allegations that the restaurant owners violated the FLSA. Reportedly, the investigation found that the restaurant owners failed to pay overtime to nearly 60 employees going back two years. When employees work more than 40 hours, it is required that they receive time-and-a-half of regular pay, which the restaurant failed to do, investigators said. 

California's laws on overtime pay

Employers need to pay their workers fair wages. Anyone who believes they have not received earned overtime pay may consider filing a claim with the Department of Industrial Relations

Before pursuing legal action, it is vital to remain up to date on overtime laws in the state of California. Most employees are aware they should earn one-and-a-half times pay for working more than eight hours a day or 40 hours a week. However, there are other laws that can influence the amount of money an employer should pay you. 

Women subjected to retaliation for blowing the whistle on doctor

These days, businesses will do whatever it takes to gain a competitive edge. In order to save a few dollars, some employers will push the limits and may even violate established laws and regulations. Workers in California have a right to speak out against any immoral or illegal acts. Employees who report violations or illegal activities are protected by the Whistleblower Protection Act. Unfortunately, retaliation against those who blow the whistle is common.

Two female employees of a medical group in Los Angeles recently filed lawsuits after they were allegedly fired in retaliation for blowing the whistle on illegal actions. The two women allege that they were subjected to abusive and hostile behavior from a doctor with whom they worked. Allegedly, one woman experienced complications from a cosmetic surgery which required her to take a medical leave from work. Upon return, the woman claims she was harassed by the doctor for taking a leave from work.

Shedding light on sexual harassment and discrimination

America has seen remarkable cultural and societal improvements in recent years. Despite this progression, workers across the country are commonly treated unfairly, simply because of differing gender and/or race. These days, allegations of sexual harassment and discrimination are becoming commonplace in the headlines, as thousands of women are coming forward, refusing to be silenced. A wrongful termination suit was recently filed against a California university after the female dean of the school was allegedly subjected to sexual harassment and fired.

The woman worked as the dean for the university for eight years. Allegedly, she faced sexual harassment while employed at the school. According to the lawsuit, the university tried to pay her off in an effort to silence her claims. The lawsuit says that the university also tried to force her to resign under false pretenses to keep her allegations out of the spotlight.

Understanding the Family and Medical Leave Act (FMLA)

What happens when an employee in California is forced to miss work because of a serious injury or to take care of an immediate family member? Thankfully, legislation has been put in to place that allows workers to retain employment when certain circumstances require extended time off. The Family and Medical Leave Act (FMLA) is a federal law that guarantees qualified employees up to 12 weeks of job-protected, unpaid leave. California also has a FMLA law at the state level.

Employees can use FMLA leave to care for a close family member who has fallen ill or for the birth of a child. However, workers most commonly use FMLA to recover from or care for a serious injury or health condition. FMLA defines a serious health condition has any illness or impairment, physical or mental, that requires continuing treatment by a health care provider or inpatient care.

Man faces retaliation for not attending bible study at work

In today's tough economic climate, businesses are always looking for a competitive edge. In order to save money, some employers in California may choose to break laws or participate in unlawful practices. Unfortunately, workers who blow the whistle and report illegal activities often are forced to endure acts of revenge and retaliation. Workers who face retaliation have legal options at their disposal.

A man in another state filed a wrongful termination lawsuit after he was allegedly retaliated against and fired. The man worked as a painter for a construction business. According to the lawsuit, the man's boss required him to attend a Christian bible study for one hour each week.

No person should ever be forced to endure discrimination

In life, it is only right for every person to be treated fairly. No person should be judged or have less opportunity just because of gender or color of his or her skin. This is the very definition of discrimination, and no matter how it occurs, it is always wrong. These days in California and across the nation, more and more women are coming forward with allegations of gender discrimination. A former employee of a city in another state filed a lawsuit after she was allegedly harassed and discriminated against.

The woman worked as a recreation director and claims she endured a hostile working environment. According to the lawsuit, the woman was sexually harassed by her supervisor. After filing complaints, the mayor of the city became her supervisor, the lawsuit says.

Is the company you work for misclassifying employees?

In the construction industry, among others, misclassifying employees and labeling them as independent contractors is not uncommon because it saves on the payment of company benefits as well as payroll taxes. If misclassification has happened to you, you may not be covered under minimum wage and overtime protection laws in California.

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