WORKPLACE SEXUAL HARASSMENT VICTIMS ARE CALLING LAWYERS & WINNING CASES

 

WHAT HAPPENS WHEN A MAN OR WOMAN IS SEXUALLY HARASSED AT WORK?

A co-worker or boss is sexually harassing them. The inappropriate comments. The unwanted contact. The gross emails. The calls. The texts.

THE VICTIM NEEDS THE JOB, THE MONEY, AND THEY CAN’T JUST LEAVE. WHAT DO THEY DO?

They fight it off. They try to avoid that person. They make the best of it. They deny that it’s happening. They keep the secret that they are victims of sexual assault.

SEXUAL HARASSMENT CAN COME IN MANY FORMS

We may think that workplace sexual harassment only looks like one type of behavior. Actually,workplace sexual harassment can occur in a number of ways, including:

  • Your boss or a co-worker making your employment dependent on sexual favors
  • Your boss or a co-worker subjecting you to Physical acts of sexual assault
  • Your boss or a co-worker requesting sexual favors
  • Your boss or a co-worker verbally harassing you of a sexual nature
  • Your boss or a co-worker making unwanted contact
  • Your boss or a co-worker making unwelcome sexual advances
BEING VICTIMIZED? ASK FOR HELP!

VICTIMS ARE BECOMING MORE EMPOWERED

Ever since the beginning of the #MeToo movement – a global movement against domestic and workplace sexual harassment and assault – the amount of sexual harassment victims that have come forward has risen and risen. Victims of workplace sexual harassment are coming forward – they are standing up!

SEXUAL HARASSMENT VICTIMS ARE CALLING LAWYERS, AND WINNING CASES….

Are you a victim of sexual harassment in the workplace? Do you feel that you are being harassed? You are not alone. Recently, there have been a number of large sexual harassment settlements that all started with the victim standing up and asking for help…

In Illinois, a jury awarded a victim $95 million in a sexual harassment suit…

Here in California, a sexual harassment victim was awarded $168 million dollars…

Even the US CONGRESS paid $18 million in sexual harassment claims…

FEEL HARASSED IN THE WORKPLACE? YOU HAVE RIGHTS!

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

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LOWER WAGE WORKERS AT HIGHER RISK OF HAVING WAGES STOLEN

IS IT SHOCKING THAT CORPORATE AMERICA IS CAUGHT STEALING?

Maybe not. However, it is quite shocking that Corporate America is stealing from the employees that help them generate billions in revenue every year. Wage theft—-when employers fail to pay employees all legally entitled wages—-impacts all employees, across all workplaces, in all states…However, as one might expect, wage theft impacts young workers, women, people of color, and immigrant workers most of all. The majority of workers with reported wages below the minimum wage are over 25 and are native-born U.S. citizens, nearly half are white, more than a quarter have children, and just over half work full time.

“Wage theft is the rule, not the exception, for low-wage workers,” said Michael Hollander, a staff attorney at Community Legal Services of Philadelphia. “Low-income workers are already in this fragile balance,” said Victor Narro of the UCLA Labor Center. “One paycheck of not being able to get the wages they’re owed can cause them to lose everything.”

Wage theft is a MASSIVE PROBLEM In the 10 most populated states in the union:

  • Workers in all demographic categories being cheated out of pay
  • 17 percent of all low-wage workers are victims of wage theft
  • Wage theft, like minimum wage violations, affects at least 2.4 million workers
  • Those workers lose $8 billion annually to wage theft, involving a variety of wage and hour violations
  • On average wage theft costs those workers an average of $3,300 per year in wage violations

EMPLOYERS STEAL BILLIONS FROM WORKERS’ PAYCHECKS EACH YEAR! BILLIONS!

According to Good Jobs First, some of the most penalized corporations include:

  • Walmart – $1.4 billion in total wage theft settlements
  • FedEx – $502 million in total wage theft settlements
  • Bank of America – $381 million in total wage theft settlements
  • Wells Fargo – $205 million in total wage theft settlements
  • JPMorgan Chase – $160 million in total wage theft settlements
  • State Farm Insurance – $140 million in total wage theft settlements

IT’S NOT ALWAYS THE HUGE COMPANIES

Recently, Brooklyn District Attorney and the New York City Department of Investigation, announced a Brooklyn construction company pleaded guilty to second-degree grand larceny for underpaying and committing wage theft against 21 employees. Let’s walk through the elements of this specific case:

According to the New York Daily News, the Brooklyn District Attorney stated that the affected workers were all immigrants,

According to the filing, the Brooklyn construction company falsely certified that it paid these workers at prevailing wage rates ($62 to $63 per hour).

In reality, the Brooklyn construction company only paid between $10 and $17 per hour and no overtime or benefits

At the end of the day, the Brooklyn construction company ended up owing the workers more than $230,000 in restitution.

DO YOU SUSPECT YOU ARE THE VICTIM OF WAGE THEFT?

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

IM our Facebook page.

Follow us on TwitterInstagramMedium, LinkedIn, or our blog.

See our videos!

Have a great day!

2018 CALIFORNIA EMPLOYEE RIGHTS WORKSHEET

 

 

 

 

 

 

 

HAVE YOU BEEN FIRED? HAVE YOU QUIT? ARE YOU OWED MONEY?Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, LinkedIn, our blog and check out our YouTube videos! Have a great day!

CALIFORNIA MISCLASSIFIED EMPLOYEES – THE LIES EMPLOYERS TELL EMPLOYEES

If you work in California, then you  know that some (not all!) employers will do just about anything to save themselves money, and not pay employees what they are owed…

One thing that employers can do to employees is to misclassify them.

Some California workers do not receive minimum wages.

Some California workers do not get overtime pay.

Some California workers do not get pay for meals and breaks.

Whether it is on purpose, or accidentally, California employers can treat certain groups of employees as exempt from overtime pay. When they do this, the employer is not obligated to pay that group of employees overtime.

Think about that.

If your employer MISCLASSIFIED you as exempt from overtime, how much money would that cost you? How much money would that cost you every day? Every week? Every pay period? Every year?

Misclassification is workplace fraud, plain and simple,” said US Secretary of Labor Thomas Perez. “It hurts workers by denying them a fair day’s pay for a fair day’s work, and it also undermines the competitiveness of businesses that are playing by the rules. At the Labor Department, through vigilant and vigorous enforcement, we are cracking down on irresponsible employers who game the system and cheat their employees — and that’s what they are: not contractors, but employees.”

Thankfully, there are solutions. There is help out there!

HOW CAN THIS HAPPEN?

Because some California employers misclassify some workers as independent contractors instead of as employees. In fact, there are and have been a number of recent cases that address just this issue.

WHAT ARE SOME EXAMPLES OF EMPLOYEE MISCLASSIFICATION?

There are many. A good recent example happened right here in California. Sav-on Drug Stores both managers and assistant sales managers claimed they had been misclassified as exempt from overtime.

These managers performed all the duties an employee would — spent their time working just lie a regular employee would — yet were allegedly still denied overtime pay.

Sometimes misclassification occurs when an employer labels an employee an “Independent Contractor.” There are certain positions that are more likely to be misclassified. Take a look at some of positions that have possibly been wrongfully classified as an “Independent Contractor:”

  • INFORMATION TECHNOLOGY WORKERS
  • COMPUTER-RELATED WORKERS
  • TRANSPORTATION WORKERS
  • FAST-FOOD RESTAURANT MANAGERS
  • RETAIL STORE MANAGERS
  • NAIL SALON EMPLOYEES
  • MESSAGE PARLORS
  • TRUCK DRIVERS
  • DELIVERY DRIVERS
  • MESSENGERS
  • HAIR SALONS
  • BARBER SHOPS
  • VETERINARY CLINICS
  • DENTAL OFFICE WORKERS

QUESTIONS TO ASK YOURSELF…

If you answered yes to any of the following questions, then you may be owed money…

  • HAS YOUR EMPLOYER TOLD YOU THAT YOU ARE AN INDEPENDENT CONTRACTOR?
  • DO YOU BELIEVE THAT YOU ARE AN EMPLOYEE RATHER THAN AN INDEPENDENT CONTRACTOR?
  • DOES YOUR EMPLOYER DENY MEAL OR REST BREAKS OR REFUSE TO PAY OVER TIME BECAUSE IT CLAIMS YOU ARE AN INDEPENDENT CONTRACTOR?

HOW DO WORKERS KNOW WHETHER THEY HAVE BEEN MISCLASSIFIED AS INDEPENDENT CONTRACTORS?

The U.S. Department of Labor has published a worksheet that describes the factors that courts generally consider under the Fair Labor Standards Act when determining whether an employment relationship exists. These include:

  • THE EXTENT TO WHICH THE WORK PERFORMED IS AN INTEGRAL PART OF THE EMPLOYER’S BUSINESS;
  • WHETHER THE WORKER’S MANAGERIAL SKILLS AFFECT HIS OR HER OPPORTUNITY FOR PROFIT AND LOSS;
  • THE RELATIVE INVESTMENTS IN FACILITIES AND EQUIPMENT BY THE WORKER AND THE EMPLOYER;
  • THE WORKER’S SKILL AND INITIATIVE;
  • THE PERMANENCY OF THE WORKER’S RELATIONSHIP WITH THE EMPLOYER;
  • THE NATURE AND DEGREE OF CONTROL BY THE EMPLOYER.

CAN EMPLOYEES REALLY FIGHT BACK?

YES!

Read what the US department Of Labor had to say about two recent cases…

Two recent and very significant legal victories for California workers send a strong message to employers nationwide: if you misclassify your employees, you will face the consequences.

National Consolidated Couriers Inc., based in San Leandro but with clients across the country, has agreed to a court judgment requiring it to pay $5 million in back wages and damages to more than 600 drivers it misclassified as independent contractors, having cheated them out of minimum wage and overtime pay.”

In another major win for workers, a federal judge ruled that drivers for Mountain View-based Stanford Yellow Taxi Cab, Inc. were also misclassified. The court’s decision allows the department to continue with litigation forcing the company to pay nearly $3 million in back wages and damages to dozens of drivers.”

MOST CALIFORNIA EMPLOYEES DO NOT KNOW THEIR RIGHTS!

That’s the unfortunate reality. Most California employees think that just because they work in an “at-will” state that they have no rights. Nothing could be further from the truth. Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

IM our Facebook page.

Follow us on Twitter, Instagram, Medium, LinkedIn, or our blog.

See our videos!

Have a great day!

SIGNS YOU MAY HAVE BEEN FIRED ILLEGALLY IN CALIFORNIA

There are many, many things that California employers can do to intentionally or unintentionally illegally fire employees. In doing so, they not only treat employees unfairly, they also may expose themselves to a wrongful termination lawsuit.

MOST CALIFORNIA EMPLOYEES HAVE NO IDEA THEY WERE WRONGFULLY TERMINATED…UNTIL IT’S TOO LATE

– When a California fast-food worker gets fired for complaining about being forced to work through meal and rest breaks, he may have been wrongful terminated.

– When a California administrative assistant gets fired for being four months pregnant, she may have been wrongful terminated.

– When a California truck driver gets fired for having a legal medical marijuana prescription, he may have been wrongful terminated.

– When a California warehouse worker quits after being harassed and demeaned by a boss, she may have been wrongful terminated.

Do you know what it’s like to be “wrongfully terminated”…?

If you do, you are way ahead of other California employees.

Most people who do get fired or quit have no idea that they have rights. And, that their termination from that employer may have been wrongful or illegal.

SOME SIGNS THAT YOU MAY HAVE BEEN FIRED ILLEGALLY…

Did your employer/workplace violate the law? If your employer violated any applicable California state employment law, federal labor laws, or even local/municipal laws, then you may be owed money.

Can you answer yes to any of these questions:

  • Were you fired because of the color of your skin?
  • Were you fired because of your age?
  • Were you fired because of your sex?
  • Were you fired because of your national origin
  • Were you fired because of your ethnic group?
  • Were you fired because of your religious affiliation?
  • Were you fired because of your sexual preference?
  • Were you fired because your employer violated public policy?
  • Were you fired because your employer retaliated against you?
  • Were you fired because your employer committed fraud?
  • Were you fired because of your gender identity or expression of gender identity (whether real or perceived?
  • Were you fired because of your military or former military status?
  • Were you fired because of your marital status (whether real or perceived)?
  • Were you fired because you requested past payroll records for review and analysis?
  • Were you fired because of your off-duty political activity?
  • Were you fired and your employer is withholding of payment, bonuses, or commissions?
  • Were you fired because you complained about wrongful treatment?
  • Were you fired due to retaliation for failing to perform illegal acts?
  • Were you fired because your pregnant?
  • Were you fired because you are taking (or you took) leave under the Family Medical Leave Act?
  • Were you fired because you asked for an accommodation for a medical condition or disability?
  • Were you fired because you were on jury duty?
  • Were you fired because you made a claim for Worker’s Compensation benefits?
  • Were you fired and owed money you have actually earned?

DID YOU ANSWER YES TO ANY OF THOSE QUESTIONS?

Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, or LinkedIn, or our blog.

Have a great day!

GIG WORKERS JUST GOT SOME SERIOUS LOVE FROM THE CALIFORNIA SUPREME COURT!

A late April California Supreme Court ruling could reclassify contractors (gig workers) as employees. What could this mean? A whole lot!

A case came before the California Supreme Court. It centered on the drivers for a California-based delivery company. Some of their job requirements involved wearing corporate uniforms, putting corporate logos on their vehicles, paying for vehicle maintenance, gas, and other job-related expenses out of their own pockets. They were, per their employer, “contract” or “gig” workers. Not employees.

The drivers contended that their work fell under full-time employee classification, and should not fall under independent contractor classification.

The case moved through the courts, and ultimately wound up in San Francisco, at the California Supreme Court.

Ultimately, in an 85-page ruling, the seven justices decided that California workers can only be classified as independent contractors by a company if they can show that the worker controls their own work, that their duties go beyond what the business normally engages in, and when the same worker “is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.”

WHO MIGHT THIS AFFECT?

Well, first, it could greatly impact any California employer that has used, “we’re unique, and the normal rules don’t apply to us” as an excuse. That may not be a viable rationale anymore. What’s yet to be seen, and could be a real threat to an entire investment model, is how this may affect entire Gig Economy business models.

More importantly, it could greatly affect California employee rights and have a wide-ranging impact on all contract employees in California. Why? Because it may require employers to provide benefit and a minimum wage for gig workers

Stay tuned.

Our employee advocates certainly will.