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Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

L.A. City Council Approves $1.5 Million Payment To Police Officer Subjected to Racial Harassment

The L.A. Times has reported that the Los Angeles City Council approved a $1.5 million payment to Earl Wright, an African American police officer who alleged to have experienced routine race-related harassment while working for the Police Department.  According to the article, Mr. Wright said he was “repeatedly humiliated by co-workers who carried out racial pranks and made derogatory remarks.”  The L.A. Times further reported

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November 10, 2013

Employer Held Liable for Employee’s Car Accident During After-Work Trip for Frozen Yogurt and Yoga

In Moradi v. Marsh United States (Sept. 2013), the Second District of the California Court of Appeal considered whether an employer was liable for a car accident involving its employee who was on her way home from work and stopped to get frozen yogurt and attend a yoga class on the way–and concluded that the employer was liable for the resulting damages. In this case, company policy

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October 15, 2013

California Governor Extends Meal and Rest Break Penalties to Missed “Recovery Periods” Taken By Outdoor Workers

With narrow exceptions, existing California law requires employers to make available to hourly workers meal and rest breaks throughout the workday.  Employers who prevent hourly employees from taking legally compliant meal and rest breaks must pay a penalty of one hour of pay for each missed meal or rest break—up to a maximum penalty of two hours of pay per workday. In SB 435, Governor

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October 14, 2013

California Makes Overtime Available to Nannies and Other Household Help

In Labor Code Sections 1450-1454, Governor Jerry Brown has enacted a new “Domestic Worker Bill of Rights,” which prohibit a “domestic work employee who is a personal attendant” from working more than nine hours in a workday or more than 45 hours in a workweek unless the employee receives 1.5 times the employee’s regular rate of pay for all hours worked over nine hours in

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October 2, 2013

California Increases Minimum Wage–Tips for Compliance

On September 25, 2013, Governor Jerry Brown signed into law a bill increasing the minimum wage from $8 per hour to $9 per hour effective July 1, 2014 and to $10 per hour effective January 1, 2016. California employers who employ minimum-wage earners should put a plan into place to be in compliance with this law as of the applicable effective dates.  In addition, because

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September 30, 2013

New California Law Confirms That “Sexual Desire” is Not an Element of a Sexual Harassment Claim

Governor Brown on Monday signed into law a new bill stating that the plaintiff in a sexual harassment lawsuit need not prove that the sexually harassing conduct was “motivated by sexual desire.” The law, Senate Bill 292, is a reaction to Kelley v. Conco Companies, 196 Cal. App. 4th 191 (2011), in which the plaintiff, an apprentice ironworker, sued Conco, one of the largest concrete construction companies

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August 14, 2013

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