Lauby, Mankin & Lauby LLP

We have released a new update on psychedelics and their legality in California and beyond.
https://www.lmlfirm.com/preserving-religious-freedom-employee-rights-in-californias-psychedelics-legalization-debate/

Check out our new article about gender discrimination in the workplace.
https://www.lmlfirm.com/overcoming-gender-discrimination-in-the-workplace/

Twitter announces a new female CEO. Contact our employment lawyers today if you are experiencing gender discrimination at work!
https://www.lmlfirm.com/twitters-new-female-ceo-a-bold-move-for-equality/

Check out our new article on the dangers of being misclassified as an independent contractor in California.

https://www.lmlfirm.com/misclassified-as-an-independent-contractor-in-california/

Updated rates have been published for workers that provide their own tools for employers. Remember, is your city has a higher minimum wage then you still must be paid double that rate.
https://www.lmlfirm.com/double-minimum-wage-for-workers-providing-own-tools-in-california/

Check out our new article regarding inflation's effects on damages and settlement values.
https://www.lmlfirm.com/inflations-impact-on-lawsuits-and-settlement-amounts-a-rising-tide/

PEPSI HAS TO PAY FOR WORKER’S MEDICAL MA*****NA - A Pepsi Bottling Group employee who hurt his back while on the job is entitled to reimbursement for his medical ma*****na costs, a New Jersey state appeals court said recently. - https://www.lmlfirm.com/pepsi-has-to-pay-for-workers-medical-pot/

GIG WORKER COMPANIES PREPARE TO FIGHT RULES ON WORKERS — AGAIN - With little time to relish in a major employment win in California, Uber, Lyft and others with a similar business model are now preparing to possibly take their fight against reclassifying their gig workers as employees to the national level. - https://www.lmlfirm.com/gig-worker-companies-prepare-to-fight-rules-on-workers-again/

NATIONAL PAID FAMILY, SICK LEAVE PROPOSED IN BIDEN’S PLAN - In short, the plan would provide some $1.8 trillion in funding for education, federal nutrition programs, childcare, and extending tax credits. And to the rejoice of workers everywhere: paid family leave and paid sick leave. - https://www.lmlfirm.com/national-paid-family-sick-leave-proposed-in-bidens-plan/

CALIFORNIA FORCES EMPLOYERS TO REHIRE WORKERS - Gov. Gavin Newsom has signed new legislation to require some businesses in the Golden State to rehire workers who were laid off amid the COVID-19 pandemic. - https://www.lmlfirm.com/california-forces-employers-to-rehire-workers/

Check out our new article regarding CA fast food workers demands. - https://www.lmlfirm.com/california-fast-food-workers-unite-to-fight-for-more-labor-rights/

Virus Protection Program Aims To Help U.S. Workers

A new program aimed at helping to protect “high risk” workers from contracting COVID-19 was announced this week by the U.S. Department of Labor's Occupational Safety and Health Administration. The “national emphasis program” is designed to aid in safety enforcement efforts and comes after President Joe Biden issued an executive order about protecting worker health.

At target in the program are those employers that put “the largest number of workers at serious risk of contracting the coronavirus,” the agency announced Friday. What’s more, there are built-in safeguards to help those workers who file complaints about unsafe working conditions.

"This deadly pandemic has taken a staggering toll on U.S. workers and their families. We have a moral obligation to do what we can to protect workers, especially for the many who have no other protection," said Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick. "This program seeks to substantially reduce or eliminate coronavirus exposure for workers in companies where risks are high, and to protect workers who raise concerns that their employer is failing to protect them from the risks of exposure."

Inspections through the national emphasis program, or NEP, will take place at worksites visited in 2020 and are to “enhance” the agency’s previous coronavirus enforcement efforts. It’s set to remain in place for a year, though OSHA can change or cancel the program if the pandemic subsides.

"With more people being vaccinated and the number of infections trending down, we know there is light at the end of the tunnel. But until we are past this pandemic workers deserve a Labor Department that is looking out for their health," added Frederick.

States like California are encouraged to adopt the NEP laid out and must notify OSHA within 60 days if they decide to do so.

Coronavirus Pandemic & Employment Law: Worker Blames Remote Work Request For Firing

A California-based food supplier company is being sued in Georgia federal court by a former employee who claims he was fired for requesting to work remotely during the pandemic.

Alan Varnadoe, 66, filed the suit March 8. He was a scheduler for one of the plants owned by Golden State Foods in Georgia who suffers from an inflammatory lung disease — and survived lung cancer— so thus is at increased risk of complications from the coronavirus, should he get infected. He had worked for the company since 1994, promoting through multiple positions.

According to the complaint, Varnadoe was told that he and other employees could work remotely in March 2020— but were called back into the office about a month later.

Due to his medical issues, the worker asked to continue working from home. Days later, he was terminated.

Though told that the firing was related to the pandemic, no other remote workers he had worked with were let go. What’s more, the food supplier started hiring for a new location in Conyers, Georgia.

According to the complaint:

"After eliminating Varnadoe, GSF [Golden State Foods] has advertised the availability of, and hired for, multiple jobs at its Conyers facility including managerial positions at levels comparable to Varnadoe's former position… Though Varnadoe requested the accommodation of continuing to work remotely, he told Warner [one of his supervisors] he would return to working in person if defendant deemed it necessary."

The supervisor mentioned above, Dawn Warner, allegedly told Varnadoe that he could keep working from home until she could speak with human resources, according to the complaint. However, come April 17, 2020, he was ultimately told he was being let go because of job reductions related to the pandemic, he said.

The former employee is now seeking unspecified damages related to lost compensation, lost benefits, emotional harm and attorneys fees.

Golden State Foods bills itself as “one of the largest diversified suppliers to the foodservice industry” and is headquartered in Irvine.

Judge Drives Uber Suit Out, Says It’s ‘Clear’ What California Voters Want

In case Uber drivers in California didn’t get the message in November, a federal judge is helping drive home the message: "The will of the voters is clearly against” a group trying to sue for employee misclassification.

The drivers, represented by Ronald L. Zambrano of West Coast Trial Lawyers APLC, were pushing to continue with their suit at a videoconference hearing in February. The hearing was related to a motion to dismiss filed by Uber in light of the passing of Proposition 22-- the most expensive ballot measure in U.S. history that allowed app-based drivers an exemption from California’s gig labor law, or AB5.

"The landscape of this case has certainly changed," U.S. District Judge Phyllis Hamilton

told Ronald L. Zambrano of West Coast Trial Lawyers APLC, according to Law360.com. "The will of the voters is clearly against your clients' interest in this particular lawsuit."

Among the reasons Zambrano provided for why the claims should indeed proceed in Nicholas et al. v. Uber Technologies Inc was that the drivers have federal claims not impacted by Prop. 22. He also noted that Prop 22 is not retroactive.

The drivers originally sued back in December of 2019, nearly a year before Proposition 22 was passed by California voters. They claimed that because they were “misclassified” as independent contractors -- the very matter that the proposition settled -- they lost out on minimum wage and overtime pay. They also claimed they’d missed out on things like proper wage statements, which come with hefty fines in California.

The drivers have been taking a windy road to this point in time: many of the 48 were sent to arbitration in July, some filed another amended complaint in December and then again in January.

Through it all, Hamilton said the drivers were lacking information and support for their arguments.

Read More... https://www.lmlfirm.com/judge-drives-uber-suit-out-says-its-clear-what-california-voters-want/

COVID-19 Dangers In The Workplace: Meatpacking Safety Suit Tossed

Despite the backing of the high-powered ACLU, meatpacking workers who filed suit against their employer for claims that safety measures were not properly in place to stop the spread of the coronavirus have been blocked by a federal judge.

U.S. District Judge John M. Gerrard decided this month that the case, Alma et al. v. Noah's Ark Processors LLC, will be dismissed.

According to Law360, Gerrard said the workers don’t have a case because they no longer work for the Nebraska meatpacking plant in question.

"The people directly put at risk by Noah's Ark's alleged misconduct are the people who work there now, and the plaintiffs cannot assert their claims for them," the judge said, according to Law360. "The 'emotional distress and fear' the plaintiffs say they would suffer if their former co-workers caught COVID-19 won't suffice to allow them to sue in their own right."

The case was originally filed in November 2020 and involved four people against the company. The plaintiffs were described as “recent Noah’s Ark workers and members of the surrounding community,” including a woman who worked at the company until this past fall, another woman who worked there until late this summer, a man who worked there until this past fall and a pediatrician who treated the children of meatpacking workers.

The complaint accused Noah’s Ark of ignoring safety protocols during the pandemic:

“Workers at meatpacking plants have been hit harder than almost any other industry. Tens of thousands of meatpacking workers have become infected in major outbreaks at hundreds of plants across the country. The outbreaks have spread among workers’ families, neighborhood, and towns, upending entire communities...

Defendant Noah’s Ark Processors… stands out for its refusal to take reasonable and obvious precautions to protect its workers and the community from a new surge of COVID-19 cases.

https://www.lmlfirm.com/covid-19-dangers-in-the-workplace-meatpacking-safety-suit-tossed/

CA Meal Break Law: Supreme Court Says No ‘Rounding’ Of Time

California employers may need to adjust the way they handle keeping track of their workers’ meal breaks, thanks to a new ruling by the California Supreme Court.

The ruling, issued Feb. 25, goes back to a 2014 case filed as a class action suit by Kennedy Donohue against her employer AMN Services, LLC, a healthcare services and staffing company out of San Diego.

California Supreme Court Justice Goodwin H. Liu wrote the opinion of the court:

In this case, we decide two questions of law relating to meal periods.

First, we hold that employers cannot engage in the practice of rounding time punches — that is, adjusting the hours that an employee has actually worked to the nearest preset time increment — in the meal period context. The meal period provisions are designed to prevent even minor infringements on meal period requirements, and rounding is incompatible with that objective.

Second, we hold that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations, including at the summary judgment stage.

The judge specifically pointed to an example of a person who would be negatively affected by the timekeeping system AMN used. Their software, called Team Time, automatically rounded any time entries to the closest increment of 10 minutes. So, if someone clocked into lunch at 11:02 a.m. and out of lunch at 11:25 a.m., the system would have marked that lunch from 11 a.m. to 11:30 a.m. — a 30 minute “lunch” even though it was only 23 minutes.

According to Liu, every minute is valuable and needs to be properly recorded.

Another example he provided was of someone clocking into lunch at 12:04 p.m. and out at 12:25 p.m.. In this case, the lunch was only 21 minutes, but would be recorded as a full 30 minutes. That’s nearly a third of the employee’s break.

Read More... https://www.lmlfirm.com/ca-meal-break-law-supreme-court-says-no-rounding-of-time/

Federal Protections Could Be Coming For Paid Leave

The idea of a national paid leave program is not a new one, but it’s an idea that’s picking up traction again in the days of COVID-19. The pandemic has highlighted the need for legal protections for families who need time off from work for things like health issues, pregnancies and more.

U.S. Senator Kirsten Gillibrand (D-NY) and U.S. Representative Rosa DeLauro (D-CT) introduced legislation on Feb. 5 to help “create a permanent, national paid family and medical leave program.” Called the FAMILY Act — short for Family and Medical Insurance Leave — it is meant to ensure that workers everywhere would have access to paid leave whenever necessary.

Unlike other leave programs, this legislation would provide benefits for workers no matter the size of their employer. Those who are self-employed or only work part-time would also be eligible for benefits...

Read More Here
https://www.lmlfirm.com/federal-protections-could-be-coming-for-paid-leave/

Fernandez & Lauby is dedicated to serving our clients during these difficult times. We are currently accepting new clients and offer a number of options for consultations. Please email or call to schedule a telephone call, Zoom meeting, or even an in person meeting with an attorney. We can provide all the necessary protective equipment to keep you safe with your attorney during this crisis.

We are offering free commission pay reviews for this holiday season! Let us ensure that you are receiving full and proper compensation by contacting us today for a free review of your commission pay arrangement. 🎅 (888) 959-8508 o

We just released a new article about The Cheesecake Factory being found partly liable in a multi-million dollar wage theft case.
https://fernandezlauby.com/Articles/Cheesecake-Factory-Liable-For-Not-Paying-Overtime-and-Rest-Breaks.html

Cheesecake Factory Liable For Not Paying Overtime and Rest Breaks California is serious when it comes to ensuring employees in the Golden State are paid fairly, given their breaks and get overtime when earned. The Labor Commissioner's Office found a major restaurant chain is responsible for a slew of workplace violations involving sub-contracted employees.

We just released a new article discussing the importance of limiting the scope of employment law settlement agreements.

https://fernandezlauby.com/Articles/California-Employee-Sues-For-On-Call-Reporting-Time-Pay.html

California Employee Sues For On-Call, Reporting-Time Pay Always make sure your lawyer has defined a proper scope for any settlement agreement you will be agreeing to. Please contact Fernandez & Lauby employment lawyers today in order to have an attorney review your case or to get a free second opinion at anytime!

Check out this recent article by Patch covering some of the recent changes to employment laws. Due to recent rulings, many independent contractors could be owed substantial sums of money by their "employers".
https://patch.com/california/temecula/ca-contract-workers-face-uncertain-future-high-court-ruling

CA Contract Workers Face Uncertain Future With High Court Ruling Uber and Lyft drivers, we're talking to you.

AB168 bans employers from asking job applicants about their past earnings on job applications. The law also requires employers to provide a pay scale to applicants upon request. This statute is one of the most recent attempts by lawmakers to promote pay equality for women. This new law became effective in California on January 1, 2018. Contact us today if you have recently encountered these types of questions on job applications.
https://fernandezlauby.com/employment/past-earnings-questions.html

Southern CA Past Salary Job Interview Questions Attorney | Riverside Have you recently applied for a job where the application asked about your past earning history, such as your hourly rate or your annual income?

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Does your employer force you to go through a mandatory security check? Or are you forced to stand in a long line waiting to clock-in or clock-out? If so, you may be entitled to unpaid wages, penalties and other compensation. https://fernandezlauby.com/employment/Security-Checkpoint.html

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DOES YOUR EMPLOYER DEDUCT YOUR COMMISSION PAY FOR RETURNS OR PRICE ADJUSTMENTS? DOES IT DENY YOU PAID REST BREAKS?

IF SO, YOU MAY BE ENTITLED TO BACK PAY!

Our Attorneys Just Obtained a $12.5 Million Settlement for an Illegal Commission Practice!*

We know that employees work very hard to earn commissions, and those commissions should not be reduced unless specifically allowed by law. This article will discuss three commission practices that may entitle you to back pay and/or penalties.

1. Does your employer deduct your earned commissions for "price adjustments"?

It's very common for customers to buy an item and to later get a credit from the company because the item was put on sale after the initial purchase. This is fine. But what is not fine is when a company reduces your commissions for these price adjustments. California law prohibits the employer from deducting the employee's commission pay based on a price adjustment that occurs after the original purchase. If this has happened, you may be owed back wages, penalties, interest, and other compensation. Contact us for a free consultation.

2. Do you receive a "commission advance" that is reduced over a period of time for returns?

If you receive a "commission advance" that only becomes "earned" after a set return period (such as a 180-day return period), it is very important that the employer provide you with an updated paystub that states what you "earned" in commissions each period at the end of the return period. Why? Because some companies never inform their employees of the amount of "earned" commission that they received at the end of the return period. They leave their employees guessing how much was actually earned in commissions following a long return period.

This is a clear violation of California law, and the attorneys at Fernandez & Lauby LLP recently obtained a $12.5 Million Settlement based on this violation alone!*

If you believe this is happening to you, please contact us for a free consultation, as our attorneys are happy to review your paystubs and determine if you were not given accurate paystubs.

3. Commissioned employees must receive SEPARATE hourly pay for rest breaks!

Hourly employees in California have always been entitled to a 10-minute paid rest break for each 4-hour period worked (sometimes less). The law has finally recognized that commissioned employees should be entitled to the same rights as hourly employees!! If all of your pay comes from commissions, you must now be separately paid for rest breaks. Employers can no longer discourage commissioned employees from taking rest breaks or require them to lose commissions pay while on a free rest break. Instead, commissioned employees must now be paid separately by the employer when taking a rest break. If you are/were a commission-only employee and did not receive separate hourly pay for your rest breaks, please contact us for a free consultation. You may be entitled to pay for each rest break, plus penalties, interest and other damages.
There are many other issues affecting commissioned employees as well, so if you have any questions about commission pay, please feel free to give the attorneys at Fernandez Lauby LLP a call at 888-959-8508 for a free consultation.

* This does not constitute a promise or guarantee of an outcome for any potential matter.

It's now easier to call Lauby, Mankin & Lauby LLP.

We just released a new page detailing critical wage information for California truck drivers. https://fernandezlauby.com/employment/orange-county/truck-drivers.html

- ADVERTISEMENT - does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome.

California Truck Drivers Fernandez & Lauby LLP specializes in recovering wages for truck drivers. We are experts at negotiating with companies in order to recover the unpaid wages to which you may be entitled. Did you know that the state of California provides several protections for truck drivers living in the state? Conta...

Check out a new short article by Fernandez & Lauby regarding paid vacation benefits.

- ADVERTISEMENT - does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome.
https://fernandezlauby.com/Articles/Summer-Vacation-Know-Your-Paid-Vacation-Rights.html

Summer Vacation? - Know Your Paid Vacation Rights Once an employer establishes a policy or practice of providing paid vacation benefits, there are various safeguards in place under California law to preserve and protect this precious resource.

Our Employment attorneys discuss the details of missed meal breaks in thier recent article, Hunger Pain Blues. Explore the legal details, penalties, and required extra pay regarding missed meal breaks in California.

- ADVERTISEMENT - does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome.
https://fernandezlauby.com/Articles/Hunger-Pain-Blues.html

Hunger Pain Blues | Employees Are Entitled To Extra Compensation For Missed Meal Periods Employees Are Entitled To Extra Compensation For Missed Meal Periods. Learn more from Fernandez & Lauby, LLP.