California Employment Lawyers Blog

In a blog from last month, our California Employment Attorneys discussed a recent initiative introduced by the U.S. Department of Labor (DOL), to enforce child labor laws by implementing stronger penalties against employers who violate child labor laws. Secretary of Labor Hilda Solis stated that work involving children must not interfere with school, must be appropriate to the age of the child, and must be conducted in a healthy and safe work environment, as young workers are one of the DOL's top priorities.

In a recent lawsuit settlement announced this week, a Baltimore County McDonald's franchise owner must pay around $30,500 in child labor penalties and back wages as a result of breaking child labor laws and failing to pay young employees for overtime hours.

After an investigation by the U.S. Department of Labor's Wage and Hour Division, the McDonald's franchise was found to be violating the Fair Labor Standards Act's, (FLSA) child labor laws, with 14- and 15-year-old McDonalds employees working longer than the legal limit of three hours on a school day, and also working late into evenings.

The FLSA states that individuals who are age 14- and 15-years-old may not work earlier than 7am in the morning, or later than 7pm in the evening, unless they are working in the summer, from June 1 through Labor Day, in which case they can work until 9pm. Workers who are under the age of 16 are only able to legally work limited after-school hours, and the types of jobs and hours that 14- and 15-year-olds can work are also restricted by FLSA laws.

Continue reading "DOL Fines McDonald's Franchise Owner for Overtime and Child Labor Violations" »

According to U.S. Senator Tom Harkin, (D-IA) who recently discussed the issue of employee misclassification at the U.S. Senate HELP Committee hearing, over 10.3 million workers in this country are incorrectly labeled as independent contractors--which amounts to around 7.3 percent of the nation's workforce. Harkin stated that the scope of the employee misclassification problem is "staggering." The U.S. Department of Labor (DOL) supported this statement, as a recent study found that as many as 30 percent of this country's businesses misclassify employees as independent contractors.

As our Southern California Employment Attorneys discussed in a recent blog, employee misclassification is a frequent and growing problem--as misclassified workers don't receive the same protections under our laws, like minimum wage and overtime payments, meal periods and rest breaks, tax responsibilities, safety and health laws, workers' compensation, antidiscrimination protections, along with other federal and state employment laws and regulations.

Harkin claimed that employee misclassification is also costing the state and federal governments billions of dollars in unpaid revenues, and hurting businesses who are trying to comply with the law. An employer that misclassifies workers could outbid honest and lawful employers by as much as 30 percent.

Harkin reported that in Iowa's first year of operating the Iowa misclassification program, the state uncovered 182 employers who had misclassified 1,565 workers--that totaled more than $27 million in total unreported wages, $1 million in unemployment taxes due, and unemployment penalties and interest amounting to $340,000. He claims that if state and federal agencies help to solve the problem, they can recover millions of dollars from employers who aren't paying their fair share to workers and to the individual states.

Continue reading "Senator Harkin Aims to "Level the Playing Field" to Protect Workers And Businesses from Employee Misclassification" »

In a blog from earlier this week, our attorneys at HOWARD | NASSIRI, PC discussed the Department of Labor's (DOL) announcement of a grant, supporting and training women in non-traditional occupations.

The DOL made headline news again this week, announcing that employers who illegally employ children as workers will now face stronger penalties--as the department is cracking down on employers who violate child labor rules and regulations.

In a statement by Hilda L. Solis, Secretary of Labor, young workers are a priority of the state department. Solis claims that work involving children must be age appropriate, must not interfere with school, and must be conducted in a healthy and safe work environment.

According to current child labor provisions under federal Fair Labor Standards Act (FLSA):

• Workers under the age of 18 are prohibited from working in hazardous, nonagricultural occupations.

• Individuals who are under the age of 16 are legally able to work only limited after school hours.

• Individuals who are age 14 and 15 may also not work before 7am in the morning, or after 7pm in the evening, unless it's from June 1 through Labor Day, in which they can work until 9pm.

• The types of jobs and hours that 14- and 15-year-olds can work are also restricted by FLSA laws.

• With agricultural work, children under the age of 12 may be employed with consent from their parents, but only on small farms that are not subject to federal minimum wage requirements.

• Individual workers who are 12- or 13-years-old may also be employed on a farm with parental permission, or can also be hired to work on the same farm as a parent.

• On a general rule, no farm worker under the age of 16 can perform hazardous work, or engage in employment during school hours.

Under the new, tougher penalty structure of the DOL, employers who employ 12 and 13-year-olds illegally will face a $6,000 penalty per violation. The penalty will be at least $8,000 per violation If the child is under the age of 12. Under certain conditions, illegally employing child laborers under the age of 14 could be raised to $11,000 per violation.

Continue reading "Department of Labor Cracks Down on Illegal Employment of Children" »

Our California Employment Attorneys reported in a blog earlier this month about the devastating tragedy in West Virginia, where 29 miners died after a massive mine explosion. In the shadow of these deaths and the many other preventable deaths, injuries and illnesses in the workplace that happened across the country over this past year--yesterday was proclaimed by President Obama to be Workers' Memorial Day, 2010.

Workers Memorial Day 2010, marks the 40th anniversary of Occupational Safety and Health Act of 1970, and the 39th anniversary of the creation of the National Institute for Occupational Safety and Health in the U.S. Department of Health and Human Services.

This day of observance, according to the National Institute for Occupational Safety and Health (NIOSH), is important to encourage employers, lawmakers, and the public to continually achieve better health and safety in the workplace, to prevent unnecessary disasters, and to save the valuable lives of workers around the country. The theme for this year is: "Good Jobs. Safe Jobs NOW."

According to U.S. Department of Labor, 5214 workers in this country died from occupational injuries in 2008, and every year around 49,000 deaths are attributed to work-related illnesses.

Continue reading "Safety and Health in the Workplace--Workers Memorial Day 2010" »

In a blog from earlier this week, our Southern California Labor and Employment Lawyers discussed Monday's mine explosion in West Virginia that killed at least twenty-five employees, and whether looking into last month's federal safety violations could have prevented the workers' deaths in the explosion.

According to safety inspectors, the conditions at Massey Energy Company were concluded last month to contain substantial and significant risks to the health and safety of miners before the explosion on Monday happened.

In the month of March, the U.S. Mine Safety and Health Administration reportedly cited the mine for over 50 safety violations, 37 of which Massey appealed. Administration officials reportedly cited the Upper Big Branch South Mine, operated by Massey Energy Subsidiary, Performance Coal Co., for improper ventilation of the mine dust, failing to control coal dust accumulation, improper ventilation of the highly combustible methane gas, failing to maintain proper escape ways, neglecting to protect workers from roof falls, and allowing combustible materials to build up.

Scott Simonton, Marshall University's Professor of Environmental Science and Environmental Engineering stated that these violations have the potential of being very "relevant" to the explosion on Monday.

Continue reading "Could Looking at Safety Violations Have Prevented the Massey Mine Explosion?" »

Our Santa Ana, California Labor and Employment Lawyers have been following the tragic news of the massive explosion on Monday afternoon at the Upper Big Branch South Mine, in Whitesville, West Virginia leading to the workplace death of twenty-five miners--which according to federal officials and other miners, might have been preventable.

The Massey Energy Company, owner of the Upper Big Branch Mine, has reportedly received sharp criticism and fines from regulators over its environmental and safety records. Although the cause of the explosion has not been determined, some say that a buildup of methane gas is often a cause for mine blasts. As Massey Energy's health and safety records are being questioned, so are the laws governing workers in the mining industry--to find out why this disaster was not preventable.

The New York Times reported that Kevin Stricklin, an administrator for the U.S. Mine Safety and Health Administration (MSHA), claimed that from the magnitude of this explosion, it is clear that something very wrong happened here. This explosion was the worst mining accident seen in 25 years, and that all explosions are preventable.

Four people are still missing in the mine, and rescue teams have been unable to search for the miners because the high quantities of noxious gases, that could cause another explosion. Monday's mine blast is being investigated by the MSHA.

Continue reading "Deaths of Workers in Massey Energy Mines Raise Safety Concerns" »

As California Employment Lawyers, we have been following the recent news of a California appellate court reversal of the $6.2 million verdict against the city of Los Angeles--from the lawsuit filed by black lesbian firefighter Brenda Lee, who claimed discrimination, harassment, and wrongful termination in the workplace.

According to the Los Angeles Times, the 2nd District Court of Appeal made its decision today in Lee's case, where she sued the city of Los Angeles for alleged fire department discrimination. The lawsuit accused the fire department of discrimination based on gender, race, and sexual orientation and for failing to transfer her after she filed a harassment complaint.

Lee claimed in the lawsuit that her superiors put her through difficult fire department drills that neglected proper health and safety requirements, and subjected her to derogatory and inappropriate comments and actions.

The 2007 jury decision was reportedly the largest in a line of case settlements involving discrimination and retaliation against minorities and women within the fire department in Los Angeles. The cases have allegedly cost Los Angeles taxpayers more than $15 million since 2005.

Continue reading "California Court Overturns Female Firefighter's Racial, Gender Discrimination Case" »

In a national employment lawsuit that our Southern California Employment Lawyers have been following, Anderson Cooper, the well known CNN new anchor is being sued by an interior designer after enduring a dangerous fall while working to design an old firehouse that Cooper is currently turning into his new home.

According to the New York Post, Killian O'Brien, the 29-year old interior designer in Brooklyn, fell 17 feet through a hole where the station's fire pole had been removed in September of last year. The hole was reportedly removed before Killian arrived, and was never covered up, reportedly causing an unsafe workplace environment that led to O'Brien's dramatic accident.

The lawsuit lists O'Brien's personal injuries as severe and permanent, and seeks unspecified damages. O'Brien is also suing residential real-estate developer Cary Tamarkin.

From 1906 to 2006, the firehouse in Manhattan was home to the Fire Patrol, a firefighting organization privately backed by the insurance industry. Cooper purchased the house from the New York Board of Fire Underwriters and reportedly plans to convert the station into a new home. Cooper hired Tamarkin who is known for performing modern residential restorations, and O'Brien, who has worked for many interior design companies as the redevelopment team.

Continue reading "Anderson Cooper Sued By Interior Designer for Injury from Unsafe Workplace" »

According to a recent Industry Scorecard from the California Workers' Compensation Institute, that our labor attorneys at HOWARD | NASSIRI, PC have been following, agricultural claims cost the California workers' compensation system $1.46 billion in loss payments.

The scorecard provides data on claims experience among agricultural workers in California for an eight-year span of time, from accident year 2000 to 2008. The study found that agricultural workers accounted for 5.5 percent of all California job injury claims, and 5.9 percent of the workers' compensation benefit payments for the state.

The report also stated that these proportions have been growing, with recent losses of jobs in other employment sectors, and that agriculture claims have increased to up to 7.7 percent of accident year 2008.

The study found that the three most common agricultural worker injury categories are:

• Strains and sprains with back problems--medical issues that do not involve the spinal cord.
• Minor injuries and wounds to the skin
• Sprains of the shoulder, knee, arm, and lower leg.

Continue reading "Agricultural Injuries and California Workers' Compensation Claims" »

In Monday's blog, our California Employment Attorneys discussed a recent episode of the news program 20/20, that reported on a number of teenage sexual harassment lawsuits pending against fast food restaurants such as McDonald's and Taco Bell--where high school students have reported sexual advances from their bosses or supervisors.

In one case against the fast food giant McDonald's, 16 year old employee Kasey Ramirez was reportedly approached by her supervisor, and taken into a back room, where she was touched inappropriately. Ramirez stated that she was scared that he would rape her, so she ran out and reported the sexual harassment to another shift supervisor. The supervisor reportedly told Ramirez not to be so upset, because everyone knew that this particular supervisor was a "pervert."

McDonald's stated that they have a strict policy prohibiting any type of harassment in their restaurants. After the incident with Ramirez in 2007, McDonald's claimed to have responded swiftly to the sexual harassment charge and proved to have taken the necessary actions to resolve the case.

In another sexual harassment case in Memphis, Tennessee, a Taco Bell manager pleaded guilty to raping two of his high school workers who were both 16. One of these workers became pregnant from the rape. According to the U.S. Equal Employment Opportunity Commission (EEOC) the first victim worked with the manager for nearly two months before she was raped. The second victim was attacked on her first day on the job. Although Taco Bell denied any wrongdoing, they agreed to pay the teens several thousand dollars, and signed on to train managers on how to appropriately deal with teenage employees.

Continue reading "Young Workers in the Fast Food Industry at Risk--Sexual Harassment in McDonald's and Taco Bell" »

In yesterday's post, our California Employment and Labor Attorneys discussed a new report released last week by the UCLA Institute for Research on Labor and Employment, that surveyed 1,815 workers in Los Angeles County in 2008, focusing on low-wage workers who were most likely to experience some form of wage and hour violation in the workplace--workers in professions like the garment industry, service industry, construction, and domestic help. Compared to Chicago or New York, low-wage workers in Los Angeles were most found most likely to be subjected to workplace violations based on pay.

According to the Los Angeles Times, the study was geared to focus on the largely immigrant workforce that is often missed in regular employment surveys--17% of all workers in Los Angeles County, or 750,000 people. In the report, 56.4% were immigrants with no documentation, a vulnerability that is often exploited by employers. Nearly 75% of the workers in the study were Hispanic, and almost 60% of the workers claimed to not have a high school education.

According to the five-year study, workplace violations are the result of employer decisions--on whether or not to pay minimum wage and overtime, to give workers lawful meal breaks, overtime pay, pay documentation, safe working conditions, or how to respond to complaints in the workplace.

The report found that small and large employers throughout Los Angeles County are violating labor laws on a regular basis, and that certain sectors of the Los Angeles economy have allegedly built business strategies that incorporate labor law violation--especially with Los Angeles workers who have no union representation, and who are employed in service or apparel industries, and construction.

Continue reading "Labor Violation in Los Angeles and the Role of Public Policy Development" »

In a recent blog, our Southern California Labor and Employment Lawyers discussed a study released by UCLA last year that surveyed over 4,000 low-wages workers in 2008 throughout Los Angeles, Chicago and New York, examining financial discrimination and systematic violations of employment and labor laws in low-wage industries.

A new report was released last week that is part of the same study, and focuses specifically on Los Angeles County, the home of the largest population of undocumented workers in this country. The authors describe this study as a significant effort to focus on the largely immigrant workforce that is often missed in regular surveys.

The study, entitled "Wage Theft and Workplace Violations in Los Angeles," released by the UCLA Institute for Research on Labor and Employment, surveyed 1,815 workers in Los Angeles County in 2008, all in low-wage professions, where the average worker's salary was $8 per hour. The study focused on domestic workers, garment workers, service industry employees, and construction workers, and found that compared to Chicago or New York, low-wage workers in Los Angeles County were the most likely to experience some form of pay-related violation in the workplace.

The survey also found that low wage workers are often robbed of their legal rights, by being forced to work during their breaks and off the clock, subjected to a lack of payroll documentation, stealing of tips, late pay, retaliation by employers, and being forced to work with employment-sustained injuries. According to the report, in almost every case, the rates of violation are higher in Los Angeles than the rates shown in Chicago or New York.

Continue reading "New Study Reveals More Abuse of Low-wage Workers in Los Angeles" »

As California Employment and Labor Attorneys, we have been following the Jennifer Strange wrongful death lawsuit verdict, announced last week, where a Sacramento jury awarded the Strange family $16,577,118 in compensation, after Strange died within hours of participating in the station's 2007 Radio Contest.

Jennifer Strange, 28, was a mother of three children from Rancho Cordova, and died from water intoxication, after trying to win the hard-to-get Nintendo Wii video game for her children in the "Hold Your Wee for a Wii" radio station contest--where contestants competed against each other by drinking large amounts of water without urinating or vomiting.

Strange was one out of 20 contestants in the KDND-FM "The End" (107.9 FM) morning radio show contest and made it into the final round for the Nintendo Wii prize, when after swallowing nearly two gallons of water, she lost to another contestant. After coming in second place, Strange and the winner of the contest reportedly raced to the bathroom to vomit. Strange then called in sick to work, complaining of a stomachache and a headache, and was found hours later dead in her home.

The tape of the program, called "Morning Rave" on KDND-FM revealed that during the contest, the station received warnings about the potential fatal effects of this stunt, and that during the program listeners expressed concerns that drinking large amounts of water was dangerous. One DJ reportedly mentioned the 2005 death of a college student, due to water intoxication during a Chico hazing ritual. The on-air hosts reportedly laughed about the contest stating that the participants had signed waivers releasing the station for liability with the contest.

The Sacramento County Superior Court jury found the radio station KDND-FM's owner, Entercom Sacramento negligent after ignoring multiple warnings that this contest could have fatal consequences. The jury also found that by holding this contest, the DJs and the station managers acted negligently within the scope and course of their employment, and that their employee negligence for public safety harmed Strange. The parent company Entercom Communications was not found responsible, as it was the responsibility of Entercom Sacramento employees to pre-approve the contest with the legal department of the parent company--which the employees neglected to do.

Continue reading "Family Awarded $16 Million for Wrongful Death Lawsuit Against California Radio Station" »

In Southern California last week, a Los Angeles County factory employee was fatally crushed in an industrial compactor--giving the Occupational Health and Safety Administration (OSHA) great concern about the health and safety of the factory's employees.

Efren Monterroso, a 64-year old employee at the factory, was found crushed to death inside a trash compactor at the Southland factory. Investigators believe that the fatal occupational injury occured Monterroso was crushing cardboard at the factory, and ended up inside the machine when it was turned on--although the reason why Monterroso was inside the compactor when it was switched on is unknown and is under investigation. He was pronounced dead by the emergency rescue crew at the scene of the accident.

In the wake of this tragic employment fatality, questions about the safety of the machine, and the safety of workers in the factory arise. According to the California Occupational Safety and Health Act of 1973, every employer has a legal obligation to maintain and provide a safe and healthy workplace for all employees. In California, all employees have the right to work in a safe environment and not be discriminated against, or wrongfully terminated if they report safety violations. Southern California employees are protected by law, and should report safety hazards--it is illegal for an employee to be fired or retaliated against for reporting safety violations.

In a 2005 fatal occupational injury survey, conducted by the California Department of Occupational Safety and Health (Cal/OSHA), there were 38 machinery accident related deaths in California. Of these California employment fatalities, 19 workers were caught in or compressed by equipment or an object, and 6 were caught in operating equipment or machinery.

Continue reading " Southern California Worker Fatally Crushed by Cardboard Compactor" »

As Southern California Employment and Labor lawyers, we were saddened to hear that a San Diego press box staff supporter for Qualcomm Stadium died this week, after falling from the press box on Monday, three hours before the kickoff of the San Diego Chargers football game.

Walter Daniels was setting up for the game between the San Diego Chargers and the Denver Broncos, when he fell down a flight of stairs, 25-30 feet below, and landed on spectator seats and concrete. Daniels, 66, had been supporting the staff in the press box for more than 20 years, worked as an official for 42 years in amateur games around San Diego County, and served on the selection committee at The San Diego Hall of Champions.

Daniels was reportedly scheduled to have hip replacement surgery, and while walking with a cane he allegedly lost his balance and stumbled down, colliding with the seats and concrete below, sustaining a fatal personal injury. The paramedics performed CPR on Daniels, and transported him to Sharp Memorial Hospital, where he died twelve hours after the accident on Tuesday morning.

The accident delayed the opening of the game by nearly 40 minutes. In a statement by the San Diego Chargers, the team expressed great sadness at the loss of Daniels. They honored his love of working in the press box on game days, and his dedication to the job.

The California Occupational Safety and Health Act of 1973 states that in California, every employer has a legal obligation to maintain and provide a healthy and safe workplace for employees. According to the fatal occupational statistics by the California Department of Occupational Safety and Health (Cal/OSHA), there were 92 construction accident related deaths in California in 2005. Of these California employment fatalities, 59 workers died due to accidents involving falls from high elevations.

Police officials and The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), will be investigating the details of the fatal injury, and examining the current status of the stadium's workplace heath and safety to determine the cause of this accident.

If you or someone you know in Orange County or throughout Southern California has lost a loved one due to a fatal accidental in the workplace, our team of experienced California employment attorneys and professionals can help. Call us for a free consultation at 1-800-872-5925.

Chargers' Game-day Staff Worker Dies After Fall, The Los Angeles Times, October 20, 2009

Chargers' Game-day Worker Dies After Fall, Associated Press, October 20, 2009

Chargers' Worker Dies After Falling at Stadium, San Diego Union-Tribune, October 21, 2009

Fall at Qualcomm Stadium Leaves Chargers Game-day Staffer Dead, JusticeNewsFlash.com, October 22, 2009

Related Web Resources:

California Department of Industrial Relations: California Division of Occupational Safety and Health, (Cal/OSHA)

The U.S. Department of Labor's Occupational Safety and Health Administration, (OSHA)