Articles Tagged with Los Angeles employment lawyer

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 When an employer is sued by an employee, it’s natural to want to end the proceedings quickly. However, it is not legal for an employer to take any retaliatory action against a worker, especially one that is suing them. As a recent decision by the Ninth Circuit Court of Appeals demonstrates, it also may be illegal for an attorney acting on behalf of the employer to retaliate.

Retaliation-32004699-001José Arias was an undocumented alien who had been working for Angelo Dairy for a decade in 2006 when he filed a wage lawsuit. Arias alleged that he had not been paid for overtime hours and that he had not received mandatory rest and meal periods. The dairy retained lawyer Anthony Raimondo to represent them in the lawsuit. Raimondo began working on due diligence, looking into Arias’ past as well as examining other pertinent facts.

A few weeks before the trial was scheduled to begin, Arias had an appointment for a deposition. What he didn’t know was that Raimondo had gotten in touch with Immigration and Custom Enforcement, or ICE, which led the lawyer to the discovery that Arias had no legal status in the U.S. Further, Raimondo had arranged for Arias to be taken into ICE custody at the deposition. Arias learned of the plan and promptly settled the litigation.

Then, the next phase began. Arias filed suit against Raimondo for violation of the Fair Labor Standards Act. While the majority of the provisions in this law apply only to direct employers, the retaliation portions apply to employers and those who are empowered to act on their behalf. An initial court decision on the lawsuit sided with Raimondo, but Arias appealed the decision. The appeals court sided with him.

Most reputable employment lawyers are unlikely to recommend that their clients try to have an employee deported or otherwise take an adverse action against them. To do so only opens the employer up to more legal trouble, and the same is true for the lawyer who takes a direct, punitive action toward an employee. It is far better to let the courts decide.

Feel free to contact me, Richard Oppenheim with employment law questions. I may be reached at 818-461-8500 or by using the “Contact Us” box in the right column.

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A former Amazon employee is suing his erstwhile employer over not being paid overtime. In the lawsuit, he asserts that Amazon misclassified him as a salaried manager that was not entitled to overtime. However, the worker says that the duties he performed were those of a manual laborer who should have been eligible for overtime. This case is a useful reminder for all employers to review their classification and compensation packages to ensure that they don’t encounter a similar issue.

clock-overtime-110616811-001Michael Ortiz was hired as a shift supervisor at Amazon warehouses in California. His official title was “Level-4 Manager,” a position that was supposed to cover mainly supervisory duties. Amazon’s policy defines this type of job as a salaried position that is not eligible for overtime. Entry-level “associates” whose main responsibility is moving packages, are hourly workers who can be paid overtime, and that is the work that Ortiz contends he was doing.

In the complaint filed in Contra Costa County Superior Court, Ortiz says that he spent his days loading and sorting boxes or clearing up jams on conveyor belts. Similarly, he asserts that he frequently worked days that were longer than eight hours and in excess of 40 hours per week. Only a minimum of his time was spent in supervisory or managerial duties, Ortiz contends.

According to the complaint, there may be thousands of other people who are current or former Amazon employees who may have experienced a similar situation. At the heart of the story is a central question: Did Amazon knowingly misclassify workers in an attempt to avoid paying overtime? If so, then they may find themselves on the hook for multiple thousands, if not millions, of dollars in back wages.

This lawsuit is still in its early stages, and Amazon has said that they will not comment on pending legal matters. It’s fairly safe to assume that both sides of this issue are going to dig in their heels, so a long fight is all but assured. Reviewing company classification and compensation plans with an employment lawyer is advisable for avoiding a similar situation.

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A former teacher in Illinois has prevailed over his erstwhile employer in court. Bruce Vukadinovich sued the Hanover Community School Corp. for age discrimination, retaliation and violation of due process. Although the court rejected the discrimination and retaliation claims, Vukadinovich was awarded more than $200,000 for the due process claim.

you-are-firedThe story began years ago in a different school district. Back then, Vukadinovich was working for Hammond Schools when he filed a lawsuit against his employer for age discrimination. That lawsuit was settled, and the plaintiff went on to Hanover Central High School. He worked there for eight years until his contract was terminated in a workforce reduction. Vukadinovich sought answers from the district about why he was fired, but couldn’t get a straight answer. That’s when he filed the lawsuit against the Hanover Community School Corp.

The wrinkle is that a school district official who worked for Hammond Schools when Vukadinovich sued that district had recently transferred over to the Hanover Community School Corp. Vukadinovich believed that his firing was an act of retaliation over his earlier successful suit against Hammond Schools.

Several years of litigation followed, with Vukadinovich representing himself against his former employer. A jury and a judge ultimately agreed with the plaintiff that he was denied due process. In his decision, Judge Philip Simon wrote: “To put it bluntly, after several years of presiding over this litigation, including a five day jury trial, I cannot tell you why Vukadinovich was terminated.” The judge went on to say that the jury sympathized with Vukadinovich’s desire to receive a “straight-forward explanation” for his firing.

The judge also took issue with the school district’s claim that they didn’t tell Vukadinovich why he was terminated because he didn’t ask. Arguing that the situation was “not a game of ‘Guess the Reason You’re Being Fired,'” Simon pointed out that the reason should have been disclosed up front so that Vukadinovich could have defended himself.

This case demonstrates the importance of keeping documentation citing all of the reasons for an adverse employment action. Doing so may prevent a lawsuit from being filed.

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The embattled Fox News network now has another lawsuit to add to its list of legal woes. Employee Diana Falzone has filed a lawsuit in the New York State Supreme Court. In her complaint, she charges her employer with discrimination on the basis of gender and disability.

Gender-Discrimination-105366239-001Falzone was employed as a host of programming on FoxNews.com. In January 2017, she published an article that chronicled her battle with endometriosis. This difficult condition affects millions of women across the U.S. Falzone wrote and published the article at the encouragement of the medical team that treats her, feeling that sharing the story of her struggle might provide support to other women with the condition.

Falzone alleges in her complaint that her employer knew about and approved the article prior to its publication. However, three days after publishing her article, Falzone was called in to talk to her supervisor. He told her that senior Fox executives had ordered him to tell her that she would never again host her own shows and that she was no longer permitted to appear on FoxNews.com. Additionally, senior executives forbade her from conducting interviews, appearing on the Fox television network and doing voiceover work for the station.

Falzone alleges that she demanded to know several times why her activities were being restricted, but never received a cogent answer. A formal discrimination complaint filed through the 21st Century Fox hotline did not yield results. That was when Falzone hired a lawyer and filed a lawsuit.

Falzone contends that Fox executives believed that the public disclosure of her illness “detracted from her sex appeal and made her less desirable,” thus leading them to ban her from maintaining her public role with the network.

Fox News has made headlines several times over the last year, mostly with regard to various discrimination and harassment lawsuits as well as the ouster of network chief Roger Ailes. Though their example may seem a bit extreme, it still serves as a crucial reminder to organizations in all industries to ensure that they are complying with all laws related to workplace discrimination and harassment.

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In general, most employers are happy to grant reasonable accommodations under the Americans with Disabilities Act. This does not mean that there aren’t limits to which an employer is willing to go. What’s more, employers are by no means obligated to grant every request for ADA accommodation that they receive.

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As an example, consider the case of a librarian employed at Florida Atlantic University. The librarian had suffered from epileptic seizures since childhood, and she had long known that stress aggravated her condition. In an EEOC claim and a lawsuit that she eventually filed against her employer, she asserted that the university had failed to acquiesce in her requests for reasonable workplace accommodations. It seemed that the librarian thoroughly disliked her supervisor’s management style, and that the stress she suffered on the job caused her to have more frequent seizures.

Although her employer accommodated some of her requests, such as ensuring that there were no sharp corners in her cubicle, they declined to grant other requests. They denied requests related to the “rough or harsh” treatment that she alleged came from her supervisor. She demanded that he be ordered to cease the “series of hostile confrontations,” which she said that he repeatedly used with her and that the university find a way to “sensitize” him to the needs of women with epilepsy.

The university did not feel compelled to grant the requests that they believed were vague and difficult to define, and the courts agreed with them. In testimony, the plaintiff could not cite specific instances of confrontational behavior. Moreover, the court argued that it was not the responsibility of the employer to provide a work environment that was free of stress, and that it was not possible for the plaintiff to “immunize herself from stress and criticism.”

This outcome demonstrates that employers are well within their rights to refuse requests for accommodations under ADA when they are not specific and reasonable. Nonetheless, it is crucial that all such requests be thoroughly investigated, preferably under the guidance of legal counsel, to ensure that a legitimate request is not ignored.

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Getting a high-profile celebrity to endorse a product or service can be a major coup. After all, in a society that emulates famous personalities, what could be more desirable than an A-list star saying that they use a company’s wares?

Reputation-Management-105888720-001While celebrities are public personalities, this does not necessarily mean that their images can be used for a marketing campaign without their permission. Traditionally, lawsuits have sprung up around campaigns that utilized the voice or image of a famous person without their consent. These campaigns were problematic because they caused the public to believe that the celebrity was endorsing the product.

While those kinds of lawsuits still occur, a recent lawsuit that Sofia Vergara settled against Venus Concept highlights a new wrinkle in this area of law. The trouble began in 2014 when Vergara posted a photo to her WhoSay account. Vergara was undergoing a massage using a Venus machine. Venus Concept learned of the image and subsequently used it on their social media accounts, claiming that Vergara “loved” the treatments.

Unfortunately, Vergara contends that she found the treatments a waste of time and money, and that she had no intention of starring in a campaign for the company. Arguing that she had been paid $15 million for other endorsements, Vergara sued Venus Concept for that amount, which would approximate the money she would have received if she had agreed to endorse the product.

The early settlement of the suit suggests that Venus Concept backed off fairly quickly. However, their legal troubles were probably completely unexpected. It’s easy to imagine that executives at the company were eager to promote their brand and an apparent association with an A-list television star. They made the mistake of not even asking for permission to re-use Vergara’s image, let alone negotiating a deal that might have been mutually beneficial.

While it is exceptionally easy to re-post the social media commentary of others, it is not always a good idea to do so without seeking their permission. This is particularly true with high-profile personalities. When in doubt, it is always best to seek legal counsel.

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One of the questions I hear frequently is about whether we are accepting new clients.

While the short answer is “Yes”, here is some additional information which many people find interesting.

Great%20Fit%20Gears%2039896521-001.jpgOur law firm, Sylvester Oppenheim & Linde is committed to client service and quality legal representation for each and every client. That means that we only accept clients who we feel are a good match for our expertise, experience and areas of practice.

I learned a long time ago that we can’t be all things to all clients, but we can be all things to some clients: and those are the ones we welcome and serve in an exemplary manner.

The purpose of this blog is to provide helpful information to anyone who reads it. On our website, you will find another example of our “Be of Service” attitude by reading our Home Page Article “Eleven Questions to ask BEFORE Hiring a Business Attorney“. You will also find a list of our practice areas on that page.

Our clients tell us that they appreciate our honesty, accessibility and guidance. And we appreciate our clients.

Back to the question. The answer is: “Yes, we are always looking for one or two new good clients.” If you have a legal issue, I invite you to call and let’s find out whether we are a great fit for each other. I can be reached at 818-461-8500 or via the Contact form on this page.

Richard Oppenheim

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A Workers’ Compensation claim made by a woman who lost part of her leg at work has been upheld by the Commonwealth Court of Pennsylvania. The decision comes after her employer, Starr Aviation, disagreed with the decision of the Workers’ Compensation Appeal Board, which ruled that the worker was entitled to compensation.

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Modesty Colquitt was driving a luggage transporter at the Pittsburgh Airport in September 2014 when the accident occurred. The transporter overturned, pinning Colquitt’s left leg beneath it. She was taken to the hospital, where her left leg was amputated below the knee.

The case seems cut-and-dried. However, there are additional facts that are worthy of consideration. Starr Aviation argued that Colquitt was not performing her job duties when the she was driving the transport. Colquitt had forgotten her wallet and feminine hygiene products on that day. Knowing that she would need lunch and the feminine hygiene products during her shift, she called her mother to bring them to her. Colquitt obtained permission from her supervisor to take the transport to meet her mother, which is when the accident occurred.

Both the Workers’ Compensation Appeal Board and the court relied on the “personal comfort doctrine,” a rule of law which stipulates that a worker is still “on-the-job” if they temporarily leave to take medication, use the restroom or complete other small tasks that make it possible for them to perform their job. In essence, the judges felt that Colquitt would have been adversely affected by not having her wallet and the required feminine hygiene products. She simply would not have been able to perform as effectively if she did not have lunch or access to appropriate feminine hygiene products.

This decision comes despite the testimony of co-workers who offered her crackers and pointed out that feminine products were available in the restroom. However, the judge found that this testimony related to “collateral issues” rather than whether or not compensation could be claimed.

Work Injury claims are almost always complicated. This is why it is imperative for California employers to work with experienced attorneys who can offer valuable guidance and advice.  If you have any questions about business litigation or work injuries feel free to contact me, Rich Oppenheim at 818-461-8500 or use the “Contact” option in the right column.

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It’s not unusual for litigation to require months or years before settlement. Even then, it does not necessarily follow that anyone will receive timely compensation. That is where companies like RD Legal Funding step in.

Funding-61101867-001RD Legal Funding is a New Jersey company that was founded by Roni Dersovitz. Their business involves advancing money to plaintiffs who are entitled to settlement money. RD Legal provides the plaintiff with money, which the plaintiff later pays back, with interest, when they receive their settlement. There is nothing inherently wrong with this business model. In fact, numerous companies provide similar services across the U.S.

However, a lawsuit has been filed against RD Legal by the New York Attorney General and the Consumer Financial Protection Bureau. Among the allegations leveled in the complaint, RD Legal is accused of scamming 9/11 first responders and former NFL players who are suffering the after effects of multiple concussions. The CFPB and the Attorney General claim that the contracts given to clients of RD Legal were confusing and inaccurate. What’s more, many people who accepted the deals offered by the New Jersey company ended up paying interest in excess of 250 percent, which would be a clear violation of state usury laws.

The case of former NYPD Officer Elmer Santiago is one example. After serving as a 9/11 first responder, Santiago was declared disabled because of an associated respiratory illness. He was awarded a $3.9 million settlement in 2014 that was scheduled to be paid to him within 18 months. RD Legal offered to advance him $355,000 at 19 percent interest. However, when he received his settlement money, RD demanded payment in the amount of $860,000, which was apparently in excess of the contract terms.

Dozens of similar situations are detailed in the lawsuit. RD Legal Funding maintains that it has done nothing wrong while CFPB Director Richard Cordray alleges that the company is part of an “illegal scheme.”

This lawsuit is far from concluded, but it is a helpful reminder for companies to review their policies to ensure compliance with all state and federal laws.

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A December 2016 decision reached by an Administrative Law Judge in New Jersey may have implications for employers in other states where medical marijuana is legal. With the current trend toward legalization of marijuana, it’s only logical for entrepreneurs to consult with attorneys about how these laws might affect them.

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The current case involved Andrew Watson, a lumber company employee who injured his hand on-the-job. Initially, Watson’s doctors prescribed Percocet to manage his chronic pain. His doctor then recommended that he try medical marijuana. Watson legally purchased medical marijuana, and submitted a claim to his employer’s worker’s compensation insurance. An ounce of medical marijuana costs an average of $489 in New Jersey, which is one of the most expensive prices in the U.S. The insurer refused compensation.

Nonetheless, Watson found that the marijuana helped manage his chronic pain effectively and with fewer side effects than the opiates. He took his case to court so that he could continue with the treatment and have the expenses reimbursed by his employer’s worker’s compensation coverage.

After considering the situation, Judge Ingrid French ruled that Watson’s use of medical marijuana is appropriate and that the insurer should pay for the associated expenses. She notes in her decision that “the effects of the marijuana … is not as debilitating as the effects of the Percocet.” Additionally, French found that Watson had “achieved a greater level of functionality,” because of the medical marijuana use and that “his approach to his pain management needs (is) cautious, mature …”

She went on to say that whether or not medicinal marijuana is used is a matter that should be reserved for doctors and patients in states where its use is legal. While some employers expressed concern over the outcome, others say that it likely will not affect them. That’s because the requirements for qualifying for medical marijuana are so stringent in New Jersey. This, coupled with the relatively limited chances of a worker also qualifying for a worker’s compensation claim, keeps them optimistic.