California Employment Lawyers Blog

As California Employment and Labor Lawyers, we have been following the recent news of a landmark settlement that tested the 2004 addition to the California labor code, where a contractor will compensate subcontractors for depriving the workers of social security, unemployment insurance, and disability contributions.

Tidy Building Services, Inc., a New Orleans-based company, has agreed to pay $100,000 to the state of California to compensate employees who worked in janitorial services in Los Angeles and San Diego Counties, after reportedly not providing proper funding to subcontractors to ensure that employees received the full benefit of employment regulations and laws. As part of the settlement, over one hundred employees will receive anywhere between $100 and $2,000 each in compensation.

California Labor Commissioner Angela Bradstreet filed the complaint in 2008, and this is the first lawsuit where Labor Code section 2810 has been enforced--making it unlawful to subcontract janitorial or other services without providing enough funding to allow the subcontractor to comply with California laws and regulations. Employees who experience violations of this California labor code are entitled to receive damages.

In 2004, Labor Code section 2810 became law, in an effort to address specific problems low wage workers were experiencing in the employment areas of construction, janitorial services, security, farm labor, and garment industries--where violations of wage and hour laws are more prevalent, and exploitation of low wage workers is often due to language barrier and immigrant status.

Continue reading "California Labor Commissioner Enforces Labor Code 2810 in Landmark Janitorial Settlement " »

As Southern California Employment and Labor Lawyers, we have been following the news announced last week that Dolly Gee, an attorney in Los Angeles, California is on her way to becoming the first Chinese-American female U.S. District Court Judge.

Gee was nominated by President Barack Obama, and her nomination was confirmed by the Senate on Christmas Eve of last week.

After receiving her law degree from UCLA in 1984, Dolly Gee has specialized in employment and labor law. President Clinton appointed Gee in 1994 to serve as an arbitrator and mediator in disputes between labor unions and federal agencies. According to the Los Angeles Times, Gee was nominated for the federal bench in 1999, but Clinton's term ended without a confirmation for her in the Senate.

Senator Barbara Boxer, (D-California) claimed that Gee personifies the American Dream. She has used her position and her career as an influential Los Angeles employment and labor attorney to promote racial tolerance in the workplace, and to fight against discrimination.

Continue reading "Los Angeles Attorney Confirmed as First Female Chinese-American Judge on Federal Bench" »

In a previous blog from October, our California Labor and Employment Lawyers discussed the Obama administration's initiative to create equal employment federal job opportunities for individuals with disabilities --opportunities that welcome the special abilities of all qualified employees and help them to grow to their fullest employment potential.

Obama proclaimed October, National Disability Employment Awareness Month, and called upon the Federal Government, the nation's largest employer, to set a positive example and implement new employment practices and policies to increase opportunities for disabled workers.

In advancing Obama's campaign to increase the federal hiring of disabled employees, The U.S. Equal Employment Opportunity Commission, (EEOC) has released a new set of guidelines to promote individuals with disabilities--made specifically for each participant in the federal hiring process in a clear, simple and straightforward way.

The EEOC-issued guides are called the five "ABCs of Schedule A" guides, and are made for applicants with disabilities, hiring managers, human resources professionals, service providers, disability program managers and selective placement coordinators. According to Christine M. Griffin, Acting Vice Chair for EEOC, agencies have to work harder to encourage the participation of individuals with severe disabilities in the federal workplace, as the participation rates are rapidly declining.

Continue reading "Guides to Promote Federal Hiring of Workers with Disabilities" »

In a post from last week, our Anaheim, California Employment Attorneys discussed the recent passing of The Genetic Information Nondiscrimination Act of 2008 (GINA)--the new law banning discrimination based on genetic information in the workplace, and the use of genetic information with health insurance.

Genetic information is defined as the information about an individual's genetic testing as well as the genetic testing and medical history of an individual's family. Information involving the disease, condition, or disorder of an individual's family members is considered genetic information because it is used to determine the likelihood of whether someone has an increased risk of developing a potential health problem in the future.

Title I of GINA addresses the use of genetic information with health insurers and group plans--where a person's genetic makeup cannot be used against them for the basis of denying coverage and setting insurance rate premiums or deductibles based on genetic information. The Departments of Labor, Health and Human Services and the Treasury are responsible for issuing all regulations for Title I.

Under Title II of GINA, it is illegal for employers to discriminate based on genetic information with any aspect of employment, from hiring, paying, promoting, layoffs or firing. Genetic testing is not allowed by employers, and employees cannot be forced to reveal the medical histories of their family--as genetic information does not inform an employer about an employee's work abilities. Title II of GINA bans the use of genetic information to make decisions based on employment, and limits the employer's accessibility and disclosure of an individual's genetic information.

Continue reading "EEOC enforces GINA--Workplace Discrimination Based on Genetic Information is Illegal" »

As California Employment and Labor Attorneys, we have been following the passing of the most comprehensive federal anti-discrimination law in almost 20 years--The Genetic Information Nondiscrimination Act of 2008 (GINA)--that prohibits employers from genetic testing, or discriminating in the workplace based on genetic makeup.

According to the new law, it is illegal for employers to hire, fire, pay, give promotions, layoffs, or any other terms or conditions of employment based on genetic information. Employers are prohibited from requesting genetic testing, or demanding employees to disclose family medical histories--because genetic information does not inform the employer about a person's ability to work. It is also illegal with this new law to fire, harass, or retaliate against an applicant or employee who participates in a discrimination proceeding or lawsuit.

Under GINA, health insurers and group plans are also unable to use a person's genetic makeup against them, for the basis of denying coverage or setting insurance rate premiums or deductibles based on possible genetic predispositions, like heart disease, breast cancer, or Parkinson's disease. The law also bans heath plans from rewarding employees for giving family medical information and histories when filling out questionnaires on health risk.

The federal government has not placed an act into motion with such comprehensive employment protections since the passage of the Americans With Disabilities Act of 1990. Stuart J. Ishimaru, acting chairman of the EEOC, stated in a press release that GINA reaffirms the American labor principle that all workers have the right to be judged according to their ability to do the job, and that an employee should not be denied a job or treated unfairly in the workplace due to genetic predisposition.

Continue reading "Historic Anti-Discrimination Law Bans Genetic Discrimination" »