New Ninth Circuit Ruling Applies Dynamex Decision Retroactively – Making It Hard to Say Workers aren’t Employees

The San Francisco Chronicle reported on May 2, 2019, that the California Supreme Court Dynamex decision can be applied retroactively. Dynamex changed the rules in the new gig economy – the sector of the economy that uses apps to help drive business while giving workers flexible hours. Both the Dynamex decision and...

Misclassification and Racial Discrimination Claims in Los Angeles

Ms. Jewel Gardner, a former employee of DineEquity Inc. (and formerly its predecessor, International House of Pankakes, and then IHOP), who had dedicated 22 years of work to her employer, has filed a California wage and racial bias lawsuit against the company.  As wage and misclassification lawsuits grow in number acr...

Another $1 Million for a Los Angeles Employee

Ms. Danielle Wells was a valued member of the Los Angeles Police Department for more than ten years, even being promoted to Sergeant during the time.  However, like all employees, Ms. Wells experienced complications related to her health which affected her ability to perform her duties at work.  During that time, Ms....

Wrongfully Denied Leave

Have you been wrongfully denied intermittent leave under the federal Family Medical Leave Act, or the California Family Rights Act?  Both the FMLA and CFRA provide employees with the right to take up to 12 weeks of time per year away from work in order to attend to a qualifying family-related issue, whether the time i...

Discrimination in the Workplace – Protecting All National Origins

Discrimination based on an individual’s national origin is shockingly common in the 21st century workplace.  In a state as large and diverse as California, this kind of behavior, though loathsome as it is, becomes almost inevitable.  Whether it comes in the form of a transfer, a demotion, the routine assignment of ...

Uber Set For Trial In June

An update on the ongoing misclassification class action law suit against Uber Technologies Inc. In O’Connor et al v. Uber Technologies, Inc., C.A. No. 13-03826-EMC (N.D. Cal.), a certified class of Uber drivers has sued the ride sharing company alleging that they are being misclassified as independent contractors, a...

Employee Rights Update – Accrued Vacation, Workplace Safety, & Drug/Alcohol Testing

In this segment of ‘Weekly Employee Rights Update’, we aim to provide our employee subscribers with timely educational information from recent cases and laws. Accrued Vacation: As summer commences, here are some employee rights tidbits related to the summer season. Let us begin with everyone’s favorite summe...

Whistleblower forces TSA to admit mistakes

A case brought under the federal Whistleblower Protection Act has made its way to the US Supreme Court. TSA air mrshal Robert LacLean disclosed to a newspaper that flights from Las Vegas were not properly staffed with marshalls. He was fired for alleging compromising security by making this disclosure under a provisiio...

Whistle Blower Lawsuits Explained

As California whistle blower attorneys with offices in ten major cities including Los Angeles, San Francisco and Orange County, we are intimately familiar with prosecuting federal and state false claims on behalf of our employee clients. Here's a brief Q and A of our major legal weapon, the Federal False Claims Act. ...

Work for California franchisee, sue the franchisor for sexual harassment?

What to do when you as a California employee are sexually harassed, a victim of retaliation or wrongful termination at the store in which you work, but which is itself a franchisee of a major corporation? Can you sue the franchisor for sexual harassment, retaliation or other California Government Code or Labor Code cau...