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NY Warns NFL Of Legal Blitz Over Sex Preference Queries
Recent reports that National Football League team representatives asked prospective players about their sexual preferences drew a warning from New York's attorney general on Thursday and a demand that the league ramp up efforts to prevent such questioning, which is illegal in many jurisdictions. |
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Ex-'Price Is Right' Model's $8M Award Tossed In Bias Case
A California judge on Tuesday threw out an $8.5 million jury award to former “The Price is Right” model Brandi Cochran, saying her pregnancy bias case against the show's producers should be retried because he did not instruct the jury properly on a key issue. |
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California Firing Motive Ruling Could Deflate Worker Suits
In a closely watched decision in favor of the city of Santa Monica, the California Supreme Court held Thursday that employers can’t be on the hook for damages when discrimination factors into a termination if the worker would have been fired anyway for a legitimate reason, a ruling that could quash discrimination, wrongful firing and whistleblower retaliation suits across the state, attorneys say. |
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Trump's Atlantic City Casino Accused Of Axing Older Workers
Atlantic City, N.J.’s Trump Taj Mahal has been hit with an age discrimination lawsuit filed in a New Jersey state court by 20 former employees who say they were fired for being too old. |
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'Price Is Right' Model Fired For Pregnancy
Nearly three years after she lost her job as a model on "The Price is Right," a California jury on Tuesday awarded Brandi Cochran $776,000 in compensatory damages on her claim that the game show's producers discriminated against her because she was pregnant. |
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Starbucks Has To Pay Up $14M In Tip Money
The First Circuit sided with a group of Massachusetts baristas Friday in their long-running battle with Starbucks, affirming that shift supervisors can't dip into the baristas' tip pools and ordering the coffee giant to pay the group $14.1 million in damages over lost tips. |
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Robert Half's $19M Settlement Of OT Class Action Gets OK
A Los Angeles judge on Friday preliminarily approved Robert Half International Inc.’s $19 million settlement with a class of 4,000 recruiters and other professionals who claim the staffing company failed to pay overtime and provide meal and rest breaks, among other labor law violations. |
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Worker Not Bound By Unsigned Arbitration Pact: Calif. Court
An ex-worker who never signed the Sports Club Co.'s arbitration pact but stayed on board after learning that the agreement was a condition of employment doesn't have to arbitrate her wrongful termination and sexual harassment case, a California appeals court said Tuesday. |
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Waiters at Yankee Stadium Claim Team Keeps Their Money from Tips
The NY Yankees' ownership hit fans with up to 20 percent service charges for ordering food to be delivered to their premium seats, but did not pass that money along to waiters, according to a suit filed on Friday by 32 servers seeking potentially millions of dollars in damages.
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Courts Struggle To Lay Out Social Media Discovery Limits
A CA judge's recent rejection of Home Depot's bid for broad access to social networking posts made by a former employee bringing a discrimination lawsuit shows that courts are still grappling with where to draw the line on discovery from social media sites.
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Governor Jerry Brown signs law that increases employee rights that could lead to more law suits
Governor Jerry Brown signed into law a California bill that raises the bar for an employer to deny accommodation for a worker’s religious dress, grooming or other needs. This move continues to expand employees’ rights in California and is likely to encourage more litigation over religious discrimination, attorneys said Monday.
It was approved on Saturday and set to start taking effect in 2013 under California’s Fair Employment and Housing Act.
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Verizon Workers Win Class Cert. Over Pay Stub Flubs
A California judge on Tuesday certified a class of more than 11,000 current and former Verizon California Inc. employees who claim the cellphone provider violated a state labor law by omitting their pay periods, hourly rates and other required information from wage statements. |
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Jewish Woman Accuses
Toys 'R' Us Of Religious Bias
An orthodox Jewish woman
has sued Toys “R” Us Inc. in New Jersey for
discrimination because the toy retailer
allegedly fired her because she refused to work
Friday nights and Saturdays based on her
religious beliefs. |
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Liquor Co. To Pay $3.5M For Sales Reps' Unpaid Expenses Alcohol distributor Southern Wine & Spirits of
America Inc. will pay $3.5 million to more than
800 traveling salespeople who claimed the
company didn't properly reimburse them for
gasoline and cellphone bills, according to a
proposed settlement filed Friday in California
federal court.
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ABM Security Guards Win $90M In Break Period
Suit A California state judge on Friday ordered
facilities management company ABM Industries
Inc. to pay almost $90 million in damages to a
class of security guards who alleged the company
put them “on call” during break periods. |
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Pregnant Servers Say
Casino Discriminates
PHILADELPHIA (CN) - A pair
of Pennsylvania women are claiming pregnancy
discrimination in connection with a casino's
alleged policy of transferring pregnant cocktail
servers "once their uniforms no longer fit."
Alycia Campiglia and Christina Aicher say they
worked as cocktail servers, or Parkettes, for
Parx Casino, just outside Philadelphia, and that
when they became pregnant, they were told that a
"maternity uniform" was out of the question.
"You can only continue to work as a cocktail
server up until there is no costume left to fit
you" and "You are not allowed to alter the
uniform," a human resources manager told one of
them, according to a federal suit filed Thursday
in Philadelphia. The women's only option was a
demotion to a "concession stand" position, their
lawsuit says. |
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Sara Lee Strikes $1.25M Deal In Route Sales Reps
OT Suit A $1.25 million deal to end a putative
class action against Sara Lee Corp. provides
substantial benefits to hundreds of route sales
representatives who allegedly didn't get proper
overtime pay or meal breaks and should be
approved by a California federal court, the
plaintiffs said Monday. |
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Activision Ends 'Call Of Duty' Contract Row With
Ex-Employees Activision Blizzard Inc. reached a settlement
Thursday to resolve its dispute with the
creators of blockbuster videogame "Call of
Duty,” who had accused Activision of firing them
to avoid paying millions of dollars in royalties
from the game |
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Nordstrom Can't Halt Wage Action During 9th
Circ. Appeal Fight A California federal judge ruled Wednesday that
a wage-and-hour class action by employees
against Nordstrom Inc. should continue despite
the retailer’s pending Ninth Circuit appeal of
an earlier ruling that refused arbitration in
the case |
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Calif. Assembly OKs Bill To Shield Workers’
Facebook Logins
A landmark bill that aims to protect California
employees and prospective workers from being
asked by a company to turn over their usernames
and passwords for their Facebook, Twitter and
other social media accounts easily cleared the
state Assembly on Thursday |
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Geek Squad Accuses Best Buy Of Wage And Hour
Violations Best Buy Stores LP is forcing its Geek Squad and
home theater installers to work off-the-clock
and without rest periods, according to a class
action the gadget retailer removed to California
federal court Monday. |
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Perkins Coie's Calif. Unit Illegally Deducted
Pay, Suit Says A putative class action filed in California
federal court Friday alleges Perkins Coie LLP
and its California unit illegally deducted
thousands of dollars from attorneys' paychecks
when they elected to work for the California
branch rather than join the Seattle-based
national partnership |
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Judge Limits Extraterritorial Reach Of Calif.
Wage Laws A California federal judge on Thursday trimmed a
$6 million proposed class action against an
adventure tour company over unpaid overtime
wages for its tour guides, clarifying that
California and federal wage laws would not apply
outside the U.S. |
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Muslim Woman Wins $5M Verdict In
AT&T Bias Case
A Jackson County, Mo., jury on
Thursday handed $5 million in punitive damages
to a woman who accused AT&T Inc. of
discrimination for firing her her after she
converted to Islam and began wearing a hijab to
work, according to media reports. |
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Patton Boggs Refutes Ex-Worker's $12M Sexual Harassment Suit
Patton Boggs LLP on Tuesday said
a former employee who hit the law firm with a
$12 million sexual harassment suit last month
was terminated after other employees complained
about her workplace conduct. |
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In a dispute
stemming from criticizing of the City of Baldwin
Park over budget cuts and loss of personnel, two
Baldwin Park officers have filed a Federal
lawsuit alleging that they were passed over for
promotions despite both being the highest ranked
officers listed for promotion. The two were
President and Vice President of the Baldwin Park
Police Association. Attorney Stephen Warren
Solomon of Solomon Saltsman & Jamieson noted,
“This type of discrimination against officers
who lawfully exercised their rights to free
speech has no place in City government.” |
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Twenty years’
time has not erased the memory of perhaps the
most celebrated case of work-place sexual
harassment. Southern Carolina women gathered to
remember the October 1991 Senate Judiciary
Committee hearings which witnessed Anita Hill’s
allegations of sexual harassment earlier
committed by then Supreme Court nominee Clarence
Thomas. Today, Anita Hill’s being harassed by
Justice Thomas and then attacked by members of
the Senate Committee, has became a focal point
for the protection against gender discrimination
and harassment in the workplace. In recalling
the Senate hearings, Stephen Warren Solomon of
Solomon Saltsman & Jamieson said, “The judicial
system has significantly progressed to protect
employees from gender discrimination in the
workplace.” |
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TSA manages
to generate a number of complaints and lawsuits.
Recently in Arizona a woman filed a law suit
claiming false imprisonment, false light and
intentional infliction of emotional distress
after TSA agents held the plaintiff in a glass
enclosure approximately for 40 minutes after she
requested that breast milk for her 7 month old
go through an alternative screening process to
avoid exposure to radiation. The young woman was
singled out for this harassment because of this
request and a similar request she made a week
earlier. Federal printed guidelines provide for
an alternate screening under these
circumstances. Ryan Kroll of Solomon Saltsman &
Jamieson noted, “This type of government
harassment cannot be allowed. I see a
potentially large court verdict.” |
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In a lawsuit
alleging human trafficking, slavery, unjust
enrichment and infliction of emotional distress,
a Bolivian woman claims she was enticed to the
United States by a World Bank employee. The 35
year old woman was to work as a nanny at $7 per
hour with benefits. However, her suit states
upon arrival, her employer confiscated her
passport; she was forced to work as a domestic
without pay for three years until she was
rescued by the FBI and others. During the three
years’ enslavement, her suit states, she was
intimidated, had no vacation or sick time. She
was “imprisoned.” The Prayer for Relief includes
punitive damages. R. Bruce Evans of Solomon
Saltsman & Jamieson states: “This is an extreme
case, but the Courts are here to compensate
victims of employer abuse of employees.” |
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Hospital Patient Wins $67,359,753.00 Judgment in
Sexual Assault Lawsuit
A jury awarded Courtney Rosenberg $67,359,753.00
after Encino-Tarzana Regional Hospital failed to
prevent her sexual assault by Ramon Rodas
Gaspar, a nursing assistant at the hospital. Prior
to the assault, at least four women had
complained of similar incidents involving
Gaspar. Rosenberg
argued that the hospital consciously disregarded
its patients’ safety by failing to adequately
investigate the prior incidents. Stephen
Solomon, Senior Partner at Solomon, Saltsman &
Jamieson, commented, “When the hospital received
the previous reports about Gaspar, it was on
notice that this guy posed a danger to patients
at the hospital. The
jury clearly felt that the hospital should have
done something to prevent Gaspar from harming
more patients.” |
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Former Employee Files Discrimination and Harassment Claims Against John Elway’s Manhattan Beach Toyota Dealership
Timothy Sandquist claims that he was subjected to widespread harassment and racial slurs during his 11 years of employment at John Elway’s Manhattan Beach Toyota Dealership. Sandquist, who is African American, also claims that he was paid less than his white peers and was overlooked for promotions. Ryan Kroll, Partner at Solomon, Saltsman & Jamieson, commented, “When unwelcomed racial comments and conduct are so bad and so frequent that it’s difficult to show up to work in the morning, an employee may have a harassment claim based on a hostile work environment. Racial comments may also support an employee’s claim that he or she was treated differently because of his or her race.” |
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Churches can legally fire an employee for being Un-married but living with a member of the opposite sex
Sara Henry, a teacher at Red Hill Lutheran School, was alleged to have been terminated for living with her boyfriend without being married to him. If Sara's employer was not a church the termination would likely violate California’s Fair Employment and Housing Act (FEHA). The court hearing Sara's case held that the employer-school was not subject to FEHA, and therefore could legally discriminate against Sara because, as a nonprofit religious corporation, the school did not meet the FEHA statute's definition of an "employer." Stephen Jamieson, Partner at Solomon, Saltsman & Jamieson, commented, "Workers believe that their workplace must treat their workers fairly and not discriminate against them, but the fact is that unfairness and discrimination happen every day. Whether or not in any given circumstance the worker has legal rights to enforce can depend on who or what type of business the employer is in. It is, therefore, important to immediately consult experienced legal counsel to ascertain one's rights" |
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Starbucks Sued for Disabiltiy Discrimination
A woman has filed a law suit against Starbucks after its employees told her she could not use the bathroom to tighten a screw in her prosthetic leg unless she bought something first. Janet Marx, of Stockton, CA, says that she was humiliated by the way she was treated. Marx says other patrons have been allowed to use the bathroom without first making a purchase. Ralph Saltsman, Senior Partner at Solomon, Saltsman & Jamieson, commented, "California law requires that businesses treat customers equally--including equal access to facilities--regardless of a customer's race, religion, sexual orientation, or disability." |
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IRS
Creates Tax Benefit for Re-Classifying Some
"Independent Contractors" as "Employees" Employers sometimes misclassify workers as
"independent contractors," rather than as
employees. One effect of this misclassification
is that the employer does not pay the same taxes
as the employer would if the worker were
properly classified as an employee. A new,
voluntary program initiated by the IRS gives
employers incentives to reclassify independent
contractors as employees. Stephen Solomon,
Senior Partner at Solomon, Saltsman & Jamieson,
commented, "This program has the potential to
benefit misclassified workers because employees
are protected by California and federal laws,
but those protections don't always extend to
independent contractors." |
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Are Drug Reps entitled to Overtime? The U.S. Supreme Court will determine whether
pharmaceutical sales representatives are
entitled to overtime pay under the Fair Labor
Standards Act (“FLSA”). Christopher v.
SmithKline Beecham pits a drug company against a
class of American sales representatives who
claim that the Act’s outside-salesman exception
should not apply to them. Ryan Kroll, partner at
Solomon, Saltsman & Jamieson commented, “The
outcome of this case could dramatically impact
the pharmaceutical and medical industries and
will clarify the scope of protection that the
FLSA provides.” |
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The Los Angeles Times reported that rape charges
were dismissed against a former Contra Costa
County District Attorney who, ironically,
prosecuted Sex Crimes and whose accuser was a
young prosecutor in the DA’s Office. Although
the rape charge was dismissed, it was reported
that prosecutors in the Sex Crimes Unit
regularly joked about sex, bragged about
membership in a sex club, and hosted a coed
after-work slumber party. Bruce Evans, partner
at Solomon Saltsman & Jamieson, commented,
“There is perception that sexual harassment has
been rooted out of the upper echelon
professional workplace and if it occurs at all,
it is a blue collar problem. That's wrong.
Sexual harassment continues to be a problem
throughout all levels of the workplace in
America.” |
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While the law has become more protective of
sexual harassment victims over the years,
culture has not kept pace, according to Los
Angeles Times writer, Sandy Banks. Stephen
Jamieson, partner at Solomon Saltsman &
Jamieson, commented,
“Part
of the reason for this discrepancy is that
powerful harassers throw money at their
misdeeds, victims settle with confidentiality,
and the stories of harassment never come to
light. If
our culture was exposed to disturbing details,
perhaps it would catch up with the law.” |
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Rampant Sexual Harassment Plagues
Adolescents/Teenagers
A national study found that students from grades
7-12 experienced sexual harassment during the
last school year. Out of 2,000 students polled,
a majority reported that they had been sexually
harassed, whether in person or online. Stephen
Solomon, founding partner of Solomon Saltsman &
Jamieson commented, "This study demonstrates
that sexual harassment is not just an adult
problem. And unfortunately, this generation is
particularly vulnerable because predators can
use social media as another forum in which to
harass." |
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Sexual harassment gains national
attention
Republican presidential hopeful and former head
of the National Restaurant Association, Herman
Cain, faces a third sexual harassment allegation
from a former employee. Stephen Jamieson,
partner at Solomon Saltsman & Jamieson, remarked
“There is a very interesting clash here between
Cain’s legal obligation not to comment on these
claims due to binding confidentiality
agreements, and his political incentive to speak
out." |
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Women
stand up to Wal Mart
Female
employees have sued California Wal-Mart stores
for discrimination. They claim that the
company’s “good ole boy” mentality has led to
lower pay and limited access to a variety of
jobs. Ralph Saltsman, partner at Solomon
Saltsman & Jamieson commented, “These plaintiffs
demonstrate not only that Davids can challenge
Goliaths, but that many challengers are not “Davids.” |
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Managers can't get away with
racial slurs
The EEOC has sued a Fontana-based
trucking company and its parent corporation for
widespread and racially-based discrimination,
harassment, and retaliation, according to The
Valley News. The lawsuit alleges that
management from Scully Distribution Services and
Ryder System, Inc. frequently used racial
epithets, referring to African American drivers
as "n----rs," East Indian drivers as the
"Taliban" and "camel jockey[s]," and a Latino
manager as a “spic.” Ryan Kroll, partner
at Solomon Saltsman & Jamieson commented,
“Employers are required by law to stop racism in
the workplace if they know about it. Employers
who ignore their legal obligations should pay
damages to workers forced to suffer harassment
at work because their bosses let it happen."
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Men Get Sexually Harassed Too
A male employee
has sued his female manager at the 24-Hour
Fitness club in Sherman Oaks for sexual
harassment, the Los Angeles Times
reported. According to Jonathan Prince, when he
refused his boss’ advances, including
invitations to drink and join her in Las Vegas,
and inappropriate text messages, she retaliated
by giving him a poor performance evaluation. Bruce
Evans, partner at Solomon Saltsman & Jamieson
commented,
“This
case shows that sexual harassment does not
always fit the stereotype of men harassing
woman. The law protects both men and woman from
unwelcome harassment and no one should be afraid
to assert their rights against a hostile work
environment.” |
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The Gender Nondiscrimination Act adds protective
language to existing anti-discrimination law by
including “gender identity and expression”
within the definition of “sex.” The Vital
Statistics Modernization Act enables
transgendered people to obtain birth
certificates reflecting the sex with which they
identify without having to provide proof of
surgery. Ralph Saltsman of Solomon Saltsman &
Jamieson, stated “Transgendered people face
unspeakable discrimination, physical danger, and
oftentimes, death, in our society. This gives
them the legal protection that all California
residents, indeed all human beings, deserve. |
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The
largest laser hair removal company in the U.S.
settled a sexual harassment/retaliation lawsuit
for $125,000 as reported by the Fresno Bee
yesterday. After years of harassment from the
landlord of American Laser Centers’ Fresno
office building, female employees complained to
district management. Despite the landlord’s
egregious behavior, including approaching the
employees while physically aroused and touching
them, management found that he had done nothing
wrong. A week and a half later, American Laser
fired one of the employees who had complained.
Stephen Jamieson, partner at Solomon Saltsman &
Jamieson, comments that “Employers are in a
powerful position. It is incumbent upon them not
only to create a safe and harassment-free work environment, but
to rigorously pursue and root out discrimination
when reported. Unfortunately, the very opposite
occurred here.” |
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The LA Times reported that three senior
detectives with the Los Angeles Police
Department received a $2.5 million verdict in a
gender discrimination, harassment, and
retaliation lawsuit against the Department last
week. They complained of being belittled by
supervisors in front of colleagues, forced to
comply with and promote discriminatory
employment practices, and bullied into working
when injured. According
to a recent Los Angeles Times investigation, the
L.A.P.D. was sued over 250 times between 2005
and 2010. Stephen
Solomon, founding partner of Los Angeles law
firm, Solomon Saltsman & Jamieson, commented
that 'this verdict sends a clear message to city
governments and corporate employers everywhere:
discrimination, harassment, and retaliation have
no place in the work environment.’ |
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Former law clerk turned attorney
sues Novato, California personal injury law firm
for refusing to pay him overtime wages and other
employment benefits. The plaintiff argued that
his previous employer, Brayton-Purcell
LLP, improperly classified him as a
"professional" during his post law school
graduation but pre-bar passing stage of
employment. He claimed that since he lacked a
license to practice law during this segment of
time, he was not a professional and thus
entitled to these benefits. However, the Marin
County trial court felt differently, as did the
appellate court. They held that in light of
plaintiff's law degree and the level of legal
work he was performing, he was indeed a
"professional" exempt from receiving these
benefits. |