California Employment Lawyers Blog

Senator Edward M. Kennedy of Massachusetts, a tireless defender of workers' rights over the past four decades passed away late Tuesday night at the age of 77. As California Employment Lawyers, we have been following Kennedy's career in the Senate of 46 years, and his legal legacy for labor and employment law in America.

As chairman of the Health, Education, Labor, and Pension Committee in the Senate, Kennedy fought aggressively to protect civil rights, implement safety in the workplace, increase minimum wage, and fight for disability rights. Senator Kennedy's legislative efforts have had an enormous impact on employment law for the worker and the employer, as well as the labor and employment lawyers defending employment lawsuits.

According to CNN, Kennedy's first major speech on the Senate floor supported the 1964 Civil Rights Act, which banned gender or race discrimination in public places, places of employment, and schools. Kennedy was also key in passing the Voting Rights Act of 1965 and the Civil Rights Acts of 1991, which worked towards continuing to improve Federal civil rights laws that protect against employee discrimination.

One of Kennedy's great legislative victories was the Americans with Disabilities Act (ADA) passed in 1990, which prohibits workplace discrimination, acting on the fundamental principle that people should be measured by what they are able to do, and not what they are unable to do. The ADA provided as Kennedy said on the 17th anniversary of the ADA, the "promise of a new and better life for every disabled citizen, in which their disabilities would no longer put an end to their dreams."

Kennedy was also one of the key architects of the Family and Medical Leave Act of 1993, which guarantees working families job protection for up to twelve weeks of unpaid leave to care for the birth of a baby, family emergencies, or personal medical issues.

During his tenure in the Senate, Kennedy fought ceaselessly for the federal minimum wage increase. Time magazine reports that during his service as Senator, the federal minimum wage was raised 16 times, even with staunch Republican opposition.

In 1970, Kennedy helped pass the Occupational Safety and Health Act, which led to the creation of OSHA, The Occupational Safety and Health Administration, whose mission is to prevent work-related injuries, illnesses, and deaths. The agency was created in 1971, and since then, occupational deaths have been cut by 62% and injuries have declined by 42%.

A longtime supporter of the Equal Rights Amendment, Kennedy recently oversaw the signing into law of the Lilly Ledbetter Fair Pay Act, a bill that extends the time period in which employees can pursue equal compensation lawsuits. This bill amends title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, modifies the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

Kennedy Championed Workers' Rights, MSNBC.com, August 26, 2009

Edward M. Kennedy, Senate Stalwart is Dead at 77, New York Times, August 26, 2009

Kennedy Remembered As an Advocate for All, CNN.com, August 28, 2009

Kennedy's Top 10 Legislative Battles, Time.com, August 28, 2009

Kennedy on the 17th Anniversary of the Americans With Disabilities Act, July 26, 2007

Related Web Resources:

OSHA

Americans With Disabilities Act of 1990, As Amended

Civil Rights Act of 1991, EEOC

The Voting Rights Act of 1965, United States Department of Justice

Lilly Ledbetter Fair Pay Act, The White House Briefing Room

U.S. Senate Committee on Health, Education, Labor, & Pensions

The U.S. Equal Employment Opportunity Commission (EEOC) filed a disability discrimination lawsuit on Monday against national retail chain Target Stores, Inc., on behalf of Jeremy Schott, a disabled Orange County employee from the Foothill Ranch Target Store. The complaint alleges that Target illegally denied Schott equal rights.

The EEOC claimed in the lawsuit that Target discriminated on the basis of disability by cutting down Schott's work hours because of his cerebral palsy, even though Target hired him in 2002 with full awareness of his mental disabilities, as well as his need for reasonable accommodation.

According to the EEOC, Schott struggled to communicate during in-person meetings, and was promised to have a job coach or parent assist in the process. Target allegedly had full knowledge of Schott's disabilities, yet failed to contact Schott's job coach or family for assistance when discussing work issues and job performance reviews in meetings. Although repeated requests had been made by both Schott's job coach and parents, Schott attended the meetings alone, and was unable to effectively communicate due to his disabilities.

The EEOC claims that Schott was a motivated and qualified employee, and that Target illegally denied Schott an equal opportunity to succeed in his job. The lawsuit accuses Target of violating Title I of the Americans With Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991.

The EEOC Press Release claims that the lawsuit was filed in the U.S. District Court for the Central District of California, after the EEOC tried to reach a settlement with Target out of court.

Target reports operation of more than 1,700 stores in 49 states nationwide, which includes 245 Super Target stores. Target is based in Minneapolis.

Target Stores Sued For Disability Discrimination, EEOC Press Release, August 24, 2009

Target Sued Over Disabled Local Worker, The Orange County Register, August 24, 2009

EEOC Sues Target for Disability Discrimination, Los Angeles Times/ AP, August 25, 2009

Target Sued On Behalf of Disabled Employee, The Minneapolis/St. Paul Business Journal, August 25, 2009

Suit Alleges Target Stores Discriminated Against Employee With Disabilities, Disabilityscoop.com, August 25, 2009

Related Web Resources:

EEOC

Continue reading "Orange County Disability Discrimination Lawsuit Filed Against Target" »

In a ruling by the California Fair Employment and Housing Commission (FEHC) last week, the owner of a Los Angeles, California taqueria chain was ordered to pay $46,000 in damages for sexual discrimination, after firing employee Marina Chavez for breastfeeding her infant during a work break.

Chavez was a cashier for Acosta Tacos, located in the Los Angeles area, and continued to work at the taqueria during her pregnancy. When the baby was born prematurely in April 2007, she took disability leave for four weeks, returning to find that her position had been replaced. Her only option was to work as a fill-in cashier, covering shifts for other employees. On the third night covering shifts, her boyfriend drove their infant son to her workplace, so Chavez could nurse the baby in the family car.

According to the San Francisco Chronicle, after the company's general manager Jamie Acosta heard about the breastfeeding incident, he told Chavez that she couldn't come back to work until she was finished breastfeeding the baby. Chavez, the main supporter of her family, claimed that she couldn't wait that long to come back to work, and pleaded for her job. Acosta allegedly fired her on the spot, citing a bad attitude.

The Department of Fair Employment and Housing (DFEH) represented Chavez, prosecuting the case before the commission. The DFEH argued that Acosta's actions violated her civil rights, and that a working mother should not be punished for needing to feed her baby. Acosta was also accused of discriminating against Chavez by not securing her position during disability leave, and giving her only pick-up shifts from other employees when she returned to work. The FEHC guarantees that a pregnant woman who takes disability will still have her job when she returns back to work.

The commission ruled that breastfeeding on a worker's break time is protected under California law and firing a female employee for breastfeeding during her break is classified as sexual discrimination.

Acosta was found liable for sex discrimination, retaliation, and failure to prevent discrimination. The commission ordered Chavez to pay $21,645 in lost wages, $20,000 for emotional damages, as well as a $5,000 fine to the state for willful violation of civil rights. Acosta must also develop a written policy prohibiting sex and pregnancy discrimination in the workplace as well as train all employees and supervisors on the policy in both English and Spanish. A notice must be posted stating that the company violated the FEHC and was ordered to pay for the damages by the commission.

Since 2002, California Law requires that employers provide lactation accommodation to all California employees, with a reasonable amount of break time to breastfeed their children. A mother also has the right to breastfeed her child in any public or private location.

Acosta Tacos is a small company, with three taquerias in Inglewood and Hawthorne. According to reports, Acosta is considering appealing the ruling, but this could lead to bankruptcy because of the damage awarded to Chavez.

Taqueria Fined $46K for Firing Mom Who Breastfed, The New York Times/AP, August 21, 2009

Breastfeeding Incident Leads to Fine for California Operator, Nation's Restaurant News, August 25, 2009

Worker Gets Damages After Breastfeeding Firing, San Francisco Chronicle, August 24, 2009

Taqueria Fined $46K for Firing Mom Who Breastfed, The Fresno Bee/AP, August 21, 2009

Fired For Breastfeeding at Work, Mom Logic.com, August 21, 2009

Related Web Resources:

The Department of Fair Employment and Housing (DFEH)

California Fair Employment and Housing Commission (FEHC)

California Laws Related to Breastfeeding, California Department of Public Health

California Labor Code Section 1030-1033

Continue reading "Sex Discrimination Damages Awarded to Los Angeles Worker Fired for Breastfeeding" »

Southern California resident Laura Meza, an employee of United Parcel Service (UPS), sued the package shipping company on Wednesday, seeking more than $100 million in compensation. Meza is accusing UPS of not paying overtime wages to account managers across the country who execute door-to-door product pitches to businesses.

The class-action lawsuit filed by lawyers for Meza in the U.S. District Court for the Southern District of California, state that UPS violated the U.S. Fair Labor Standards Act (FLSA) by not compensating the account managers for overtime wages. UPS account managers often work sixty hours a week, but are only paid for forty hours a week with no overtime rates. Meza also claims violation of California's state wage and hour laws for failing to keep detailed records of the hours these employees work, and for not providing necessary rest breaks and mandatory meals.

Meza, an account manager in Orange County, California, claims that UPS misrepresents the role of account managers, making them part of a defined sales structure, and therefore exempt from overtime pay. The lawsuit details that account managers do not make sales or perform managerial work, so they shouldn't be categorized as outside salespersons or administrative employees. The main responsibility of the manager is to deliver the UPS promotion material to local businesses in designated areas.

UPS does pay overtime to its drivers and sorters, through an agreement made between the company and the workers' union. The Associated Press reports that UPS has around 415,000 employees worldwide. The account managers are part of a sales force team of more than 5,000 people. Meza seeks to represent the thousands of account managers nationwide in this lawsuit who are in the same position that she is in-overworked and underpaid.

The lawsuit seeks damages of more than $100 million for uncompensated overtime, including all damages permitted by California and federal wage and hour laws. As a class-action lawsuit, it also seeks to represent other UPS employees in similar positions.

According to reports, the Atlanta-based UPS holds firm to the company's established sales compensation structure-where these account managers are classified as exempt and not subject to overtime.

UPS is known as being the largest shipping carrier in the world.

RPT-UPS worker sues company for overtime pay, Reuters, August 18, 2009

UPS sued for $100M in OT pay, San Francisco Business Times, August 20, 2009

UPS socked with $100M overtime lawsuit, Washington Post.com/AP, August 19, 2009

San Diego Law Firm Files Class Action Lawsuit Against UPS, I-newswire.com August 20, 2009

Related Web Resources:

United States Department of Labor: Fair Labor Standards Act (FLSA)

California Department of Industrial Relations

Continue reading "Southern California Worker Packs UPS with $100 Million Overtime Pay Class-Action Lawsuit" »

As California Employment Lawyers, we have been following the disability discrimination lawsuit against the St. Louis Rams, settled on Wednesday for $134,000. The U.S. Equal Employment Opportunity Commission (EEOC) sued the Rams on behalf of Ron DuBuque, a former assistant trainer for the National Football League team who claimed to be fired for having epilepsy. The U.S. Equal Employment Opportunity Commission (EEOC) sued on behalf of Ron DuBuque, a former assistant trainer for the National Football League team who claimed to be fired for having epilepsy.

DuBuque, an assistant trainer for eleven years with the city's NFL team, had epilepsy throughout his entire employment. The EEOC claims that DuBuque performed his job duties successfully during his tenure with the company. His trauma-induced epilepsy was diagnosed in 1984, more than ten years before he ever began his career with the Rams.

In June 2006, the team management did not renew Dubuque's contract, claiming he was a medical liability, posing a danger to the safety of both his coworkers and himself. In September of 2008, the EEOC filed the suit on behalf of DuBuque in U.S. District Court in St. Louis.

The Rams reportedly denied the claim, but have formally agreed to a compensation of $134,000 to resolve the case-$100,000 in damages, and a $34,000 for a two-year contract that will employ Dubuque as a rehabilitation specialist. This settlement also requires the Rams to provide additional training for the supervisors and managers of the team on the Americans With Disabilities Act (ADA)-providing a workplace free from disability discrimination.

The Rams' chief operating officer Kevin Demoff publicly responded by insisting that the Rams are committed to creating a supportive environment, and a fair workplace for every employee.

Rams Agree to Pay $134,000 to Trainer with Epilepsy, NBC Sports/AP Sports, August 19, 2009

St. Louis Rams to Pay $134,000 For Disability Bias, EEOC Press Release, August 19, 2009

St. Louis Rams, EEOC, and Trainer Settle in Disability Bias Case, Fox 2 Now, August 19, 2009

Rams Agree to Settle Discrimination Case for $134,000, St. Louis Post-Dispatch, August 19, 2009

Rams Settle Employee's Claim, St. Louis Post-Dispatch, August 20, 2009

Related Web Resources:

EEOC

Continue reading "Disability Discrimination Lawsuit against St. Louis Rams brings $134,000 settlement to Long-term NFL Trainer" »

In Los Angeles, California, Patricia Heaton, the actress well known for playing Ray Romano's wife on the long running CBS television show "Everyone Loves Raymond" and her husband, are being sued by former personal assistant Jennifer Lee, claiming that she is the subject of a wrongful termination.

Lee alleges in a suit filed in Los Angeles Superior Court on Monday that she was fired from her job by the celebrity actress shortly after requesting payment for unpaid and overtime wages, discussing her medical issues, and for being a parent.

The court document begins by clarifying that famous people are not higher than the law-even when hiring people to serve their every need, they must not violate California's wage and hour laws.

Lee reportedly worked for Heaton and her husband David Hunt from August 2007 until March 2009, and has filed twelve complaints for damages against the couple, including unpaid wages, overtime wages, retaliation, unfair business practices, and wrongful termination in violations of three public policies: demand for wages, medical condition and parental status.

According to the suit, Heaton and Cook fired Lee shortly after she asked for the unpaid wages, citing Lee's small child as a cause of disturbance in the work schedule. Lee is asking for at least $7,425 in unpaid wages, but the total amount will be determined upon proof at trial. Lee has requested a jury trial.

Patricia Heaton Sued by Former Assistant, Access Hollywood.com, August 18, 2009

Everyone Doesn't Love Patricia Heaton-Lawsuit Filed by Personal Assistant!, Justice News Flash.com, August 19, 2009

Actress Patricia Heaton is Being Sued on 12 Counts, Examiner.com, August 17, 2009

Related Web Resources:
California Department of Industrial Relations

Continue reading " Los Angeles County Wrongful Termination Lawsuit Against Hollywood Star" »