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Aged Teacher Sues School Administrators for Refusing to Grant Promotion

Being too old for a supervisory post tend to shun employers. Administrators argue that aged employees lack the agility and attractiveness that are vital for leadership, but are present among younger employees. Sadly, this reason may put owners into legal trouble as Title VII of Civil Rights Act prohibits such ...

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Sexual Harassment Suit Against Steven Seagal Dismissed

Sexual Harassment Suit Against Steven Seagal Dismissed

Action star Steven Seagal made the news a few months ago in the most unsavory way when a former personal assistant accused him of sexual harassment and illegal sexual trafficking. The lawsuit, which was filed against him by a former model Kayden Nguyen, asked for more than a million dollars worth ...

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David Carradine’s Widow Sues French Film Company for Wrongful Death

David Carradine’s Widow Sues French Film Company for Wrongful Death

The wife of deceased actor David Carradine has filed a wrongful death lawsuit against the French company who was handling Carradine’s film before he died. The actor had only been in Bangkok, Thailand for 3 days when he died. [caption id="attachment_270" align="alignright" width="168"] "David Carradine’s widow filed a Lawsuit for Wrongful ...

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Britney Spears’ Former Bodyguard Claims He Was Sexually Harassed

Britney Spears’ Former Bodyguard Claims He Was Sexually Harassed

Oops, she did it again. Former pop princess Britney Spears’ ex-bodyguard is now claiming that he was sexually harassed by the star during his employment. According to Fernando Flores, Spears constantly “came onto” him and walked around naked in front of him. He is allegedly considering filing a multi-million dollar lawsuit. [caption id="attachment_279" ...

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How To Survive An Office Romance Gone South

How To Survive An Office Romance Gone South

Breaking up is hard to do, especially if you’re involved with an officemate, or worse, a superior. In an era rife with sexual harassment lawsuits, many workplaces have enacted policies about prohibiting relationships between employees or managers such as Starbucks. But office rules and regulations cannot exactly stop love, especially since ...

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Know the Various Wage and Hour Claims You Can File as a California Worker

Know the Various Wage and Hour Claims You Can File as a California WorkerWage earners in California are afforded protections under the California Labor Code and the wage orders from the Industrial Welfare Commission (IWC). Under these laws, they are entitled to be paid wages rightfully and promptly by their employers. A lot of them, however, are being denied wages that are lawfully owed to them, with some employers doing so willfully. Fortunately for them, workers denied of their wages can bring claims against their employers through either the California Labor Commissioner (Department of Labor Standards Enforcement) or through civil court via the legal assistance of a Los Angeles labor lawyer.

If you are a California wage earner and you have been denied of your wages, then it is a must that you consult with the aforementioned legal counsel right away. Your wage issue against your employer might be unique, but the attorney who would serve as your legal advocate often handles various types of claims that might fit your situation. Here are some of them:

  • Claim for unpaid minimum wage. Under the labor laws in the state, you are entitled to a minimum wage rate of $9.00 per hour. In 2016, the rate would increase by a dollar, making California’s minimum wage at $10.00 per hour. If you are being paid less than the minimum wage, you need to file a claim that would enable you to collect the difference of the amount you are being paid and the amount you should have been earning under the minimum wage. Aside from the difference, you may likewise be able to claim liquidated damages, which is equal to the amount of wages owed to you.

  • Claim for unpaid overtime wages. You are entitled to overtime if you are a non-exempt employee. Under the prevailing labor laws in the state, overtime is equal to one and one half times the regular rate of pay for workers who perform work over 8 hours in a workday or 40 hours in a workweek. Make sure that you speak with your attorney when determining if you are truly entitled to overtime as a non-exempt employee.

  • Claim for double-time wages. If you are working for more than 12 hours in a workday, then you are entitled to wages that are double your regular rate of pay. It is a must that you recover any unpaid wages due to you, since it is twice the regular rate.

  • Claim for unreimbursed expenses. If you incurred mileage costs for using your personal car within your working hours, then your employer must be reimbursed for it. If not, then you are entitled to file a claim through either the Labor Commissioner or the civil court.

Posted in wage and hour claim.

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Joe Biden: Employment Discrimination against Gay is Close to Barbaric

Joe Biden

Image gives credit to AP.

In a recent effort to combat employment discrimination on the basis of gender orientation and sexual preferences, U.S. Vice President himself has called on the Congress to pass a legislation that would curb said malpractice.

For a country to debate whether to pass such measure or not is pretty outrageous for Biden. It is not something to be subjected for a debate, he claimed.

During his speech before the gay advocacy group, Human Rights Campaign, last Saturday, Biden even called the malpractice of employment discrimination against lesbian, gay, bisexual, and transgender (LGBT) individuals as “close to barbaric”.

In some states, employees can be fired or denied of employment and benefits due to their sexual orientation or gender identity.

“Imagine 20 years from now as America looked back and say ‘How in the hell can that even been allowed?’ The country’s moved on, the American people have moved on,” -Biden.

Like the other advocates of the anti-sex and gender discrimination law, Biden believes that it is the perfect time for Congress to pass the Employment Non-discrimination Act (ENDA), which is currently being impeded in Congress.

The said bill would make it illegal for employers with 15 or more workers from subjecting employees to employment discrimination on the basis of gender identity or sexual preferences. However, the law would not cover religious institutions and the military.

Ironically, despite the countless efforts of advocates and even the federal government to combat discrimination against LGBT, the result is still vague. But at least this time, the bill has made a remarkable pass in the Senate last November.


Posted in employment discrimination, Sex and Gender Discrimination.

Activists Push Obama to Sign Executive Order Banning Employment Discrimination against LGBT

Image gives credit to Washington Post and AP.

Image gives credit to Washington Post and AP.

The bill to end employment discrimination against lesbian, gay, bisexual and transgender (LGBT) employees may have gone too far, but still, it hasn’t reach the point where the entire nation would finally see it as a law.

Thus, in a recent string of effort to push the bill that aims to protect the LGBT individuals working under federal contractors from being discriminated on the basis of sexual preference or gender orientation, gay rights advocates have once again called on President  Barack Obama to sign an executive order banning LGBT discrimination.

In his statement, legislative spokesperson Ian Thompson said while at the Washington Office of the American Civil Liberties Union:

“This is the single most important thing that President Obama can do on his won in his second term to eradicate discrimination from the workplace.”

On the other hand, White House spokesperson Jay Carney said in his previous statement that the administration remains firm in pushing Employment Non-discrimination Act (ENDA), which is far similar from an executive order. ENDA focuses on reaching companies that do not do business with the federal government. The said bill would only ban discrimination based on sexual orientation and gender preference by most companies with 15 or more employees.

For the current administration, it believes that ENDA would be a legislative remedy that is more comprehensive. However, although the bill has already passed the Senate last November, Speaker John Boehner, pledged not to bring ENDA for a vote in senate this year.

Thus, the only hope the LGBT advocates hold on to so far is an executive order. However, experts have anticipated that if Obama uses his administrative power to sign an executive order, it could most likely provoke the Congress, which would only make it harder for the bill to pass.

Another reason why the administration remains hesitant in issuing such executive order is because every time Obama uses his administrative power, he is like raising expectations that he can act the same way on other pressing national issues like the immigration reform, speculated by the experts.

Thus, gay rights advocates fear that time could be running out for the president to act on the matter. While Obama loses sufficient time to address the issue, advocates as well somehow lose their last hope to end discrimination against the LGBT individuals, they claimed.


Posted in employment discrimination.

Transgender Athlete Sues CrossFit

TransgenderFor years, we have seen how the federal government struggles to fight discrimination against lesbian, gay, bisexual and transgender (LGBT) individuals, but obviously the misconduct remains to be prevalent everywhere up to present.  

An elite fitness center is now in hot water after a transgender athlete sued it for not letting her compete in the women’s division at its upcoming game event.

Media sources have it that Chloie Jonnson had filed a discrimination lawsuit against CrossFit.

In her lawsuit, Jonnson claimed that she was not allowed to compete in the women’s division by the fitness center giant in its upcoming CrossFit Games because she was born male.

Meanwhile, CrossFit reiterated in its letter sent to media that Jonnson need to compete in the Men’s Division. It argued the fact that although the athlete already had a sex reassignment procedure, she still has the genetic structure that provides both physiological and physical advantage over women, according to a news report.

Jonnson is seeking for at least $2.5 million in damages in her lawsuit.

For others, while CrossFit opens its door for transgender athletes, it apparently kills fairness and equality of the competition on the other hand.


Posted in employment discrimination.

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Former Amazing Race Contestants File Employment Discrimination Lawsuit

The former Amazing Race contestants, Idries and Jamil Abdur-Rahman. Image gives credit to the Amazing Race /

The former Amazing Race contestants, Idries and Jamil Abdur-Rahman. Image gives credit to the Amazing Race /

Two former contestants of the reality TV show the Amazing Race is currently suing a hospital for allegedly refusing to hire them due to their race and religion.

According to recent news reports, twin brothers Idries and Jamil Abdur-Rahman, both practicing obstetrics and gynecology, claimed in their lawsuits that the OSF Saint Elizabeth Medical Center refused to hire them because they are Muslim African-Americans.

Under the said lawsuit, the twins worked for Community Hospital of Ottawa, which was later renamed as the Ottawa Regional Hospital and Healthcare Center. Eventually, the said institution decided to merge with OSF Saint Elizabeth Medical Center and then changed its name again to OSF Saint Elizabeth Medical Center.

Soon after the merger, the brothers were informed that should they be employed by the company, they are required to sign an agreement which states that they will abide with the Ethical and Religious Directives for Catholic Health Care Services as physicians at the institution.

In fact, during a meeting back in July 2012, the president and a chief medical officer of the said health care institution told the brothers that they will make an impressive offer to hire the twins after a verbal assurance that they would abide by the institution’s religious and ethical directives.

However, in December 2012, the two men were informed that the institution had decided not to hire them since they are unlikely to abide by its ethical and religious directives.

Thus, the brothers sued for two counts of labor violation.

The hospital on the other side is affirmed that it remains committed to serving all who come through them with the greatest love and care according to reports.

The brothers who both appeared on Season 22 of the reality show, the Amazing Race back in 2013, are now reportedly practicing medicine at a new institution.

Posted in employment discrimination, Religious Discrimination.

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How Federal Government Tries to Combat Discrimination against LGBT through the Years

LGBTRight from the start, employment discrimination on the basis of gender preference and sexual orientation is relatively rampant across the country, and this is evidenced by the records revealed by the Equal Employment Opportunity Commission (EEOC).

In fact, during the 1990s, lesbian, gay, bisexual and transgender individuals experienced a really dark phase.

Incidentally, in an aim of outspreading equality in the entire nation, the federal government has come up with different legislations that would combat discrimination through the years.

Don’t Ask, Don’t Tell – 1993

This law only applied to members of the military and veterans. The legislation mandates service members to keep their sexual orientation or gender preference a secret unless they want to be punished by discharge.

Employment Non-discrimination Act (ENDA) – 1994

This was the year when ENDA, which would ban employment discrimination against gender preferences and sexual orientation in the workplace, was first introduced. The bill failed to pass Congress but until present, supporters of the said legislation are not yet losing hopes. In fact, the bill is always being re-introduced since then following several modifications.

The bill only gained its best chance last November, after it finally passed the Senate floor for the first time in U.S. history.

Don’t Ask Don’t Tell Repealed – 2010

Following this remarkable repeal of Don’t Ask, Don’t Tell, service members are no longer required to hide their real sexual orientation or gender identity in order to remain in service.

Defense of Marriage Act (DOMA) Repealed – 2013

The U.S. Supreme Court has made a historical change after it declared the Section 3 of DOMA as unconstitutional. Meaning, same-sex marriage is now recognized by the federal government.

Unfortunately, despite the federal government’s efforts to push comprehensive laws that would end employment discrimination against LGBT, it is still legal to fire or refuse to hire LGBT individuals on the basis of gender preference or sexual orientation in most states.

Thus, many of the Americans are likewise pushing for a law that would eventually end the workplace inequality. In fact, a recent poll has it that about third-quarters or 72 percent of Americans support anti-gay discrimination laws.


Posted in employment discrimination.

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Former Female Basketball Coach Files Wrongful Termination against SDSU

Beth Burns with an SDSU women's basketball player. Image gives credit to SDSU's official web page.

Beth Burns with an SDSU women’s basketball player. Image gives credit to SDSU’s official web page.

A former women’s basketball coach is suing the San Diego State University (SDSU) for wrongful termination.

In her lawsuit, Coach Beth Burns claims that she was fired in retaliation. She claims that SDSU fired her in retaliation for complaining about the unequal treatment between men and women’s athletics in the women’s athletics at the Division I.

Burns further specifies in her complaint that she spent thousands of her own money to aid in supporting the staff and the team. Also, she affirmed that SDSU forced the team to count male practice players as female participants in the university’s annual mandatory gender equity report.

It could be remembered that it was April last year when the news about Burns’ resignation came all of a sudden.

Previous news reports have it that she left SDSU because she was told that she must either resign, retire or get fired due to an alleged workplace violence incident involving that she was involved in, which was incidentally videotaped during a game.

Under the said video, Burns was seen hitting a clipboard that her assistant coach Adam Barrett was holding. She was also seen hitting the coach in the shoulder.

So as to save her pension, Burns opted to retire although she argued that she did not intentionally strike anyone.

Burns is also suing the university for Breach of Contract along with her termination complaint.

So far, the university is not giving comments regarding the matter.

During her career, Burns made remarkable wins than any coach in the entire history of San Diego State University women’s basketball team. She also helped the team to make seven NCAA appearances. She was, in fact, named the Mountain West Conference of the Year for two years in a row.


Posted in Wrongful Termination.

Another NFL Cheerleader Comes Out to Sue Team for Wage and Hour Claim

Image gives credit to Cincinnati Bengals official website.

Image gives credit to Cincinnati Bengals’ official website.

After the Raiders’ cheerleader first came out to sue their team for wage and hour violation, the Cincinnati Ben-Gals’ cheerleader is now next in line to file for a similar complaint against the team.

Recent news reports have it that one of the Cincinnati Bengals cheerleader, Alexa Brenneman, has filed a class action lawsuit against the said team.

In her lawsuit, Brenneman has alleged that the said NFL’s Ohio team violated the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act.

She claimed that they were only paid at most with $90 per home game of the team. She further claimed that for more than 300 hours they worked in a year for mandatory practices, public appearances, pre-game time at the stadium, promotions and pictorials, her pay rate comes out to less than $2.85 an hour.

So far, Ohio’s minimum wage rate per hour is $7.85.

Brenneman’s lawsuit comes after a string of wage and hour claims filed by two Oakland Raiders’ cheerleaders has emerged. Apparently, the latter’s previous move has prompted the Ben-Gal cheerleader to come out as well to voice out their concerns.

Meanwhile, the Cincinnati Bengals were said to respond in due course to Brenneman’s lawsuit.

Apparently, these women have just pulled the trigger. Many believe that in the next few months or even weeks, these two lawsuits would prompt more cheerleaders to seek an end to the wage and hour violation committed by most NFL teams.


Posted in wage and hour claim.

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California’s New Workers’ Compensation Law Prompts Thousand More Athletes to File Lawsuits

athletesAfter California has successfully passed a law limiting athletes from filing worker’s compensation claims in the state last year, its victory apparently has come at an unfavorable cost.

Statistics have revealed that since the approval of the new worker’s compensation law, which bars athletes who never played for a California team from filing a claim in the state, more than a thousand of players across the country have rushed to file a worker’s compensation claim prior to the September 15 deadline.

As a result of the huge influx of lawsuits, most of the nation’s top professional sports league, such as the National Football League (NFL), Major League Baseball (MLB) and the National Hockey League (NHL), are now facing hundreds of millions of dollars to settle cases.

In the data gathered by the Los Angeles Times regarding its own analysis of state workers’ compensation, it was noted that in the first two weeks of September, there were 569 claims against NLF filed by both current and retired players, while for the MLB, there were 283 claims filed. As for the NHL, there were 113 claims filed and 79 cases against the National Basketball Association (NBA).

Roughly 70-percent of the claims include allegations of head concussion caused by repetitive blows in the head, head trauma and brain injury which they sustained from the playing. Most of the claimants have never played for any California team.

As it may seem, California’s effort to reduce the surge of worker’s compensation claims in the state has only attracted more players to file a lawsuit before the new law takes into effect.

Although several sports league like the Major League Soccer (MLS) and the Women’s NBA had previously predicted a jump in the filing of claims prior the deadline, they were still shocked by the significant increase.

No one expected that the increase will be about 10 ten times higher than the average monthly levels since 2011. For further details, see Time’s database.

(kindly click on the image for a more vivid view)

Image gives credit to LA Times.

After the deadline, there were only 49 claims against all sports filed.

It could be remembered that tensions among the athletes, the owners and the league itself have started to rise in 2011, following the death of several renowned athletes that were linked to head injury or concussion but  the flow of lawsuits started to arrive as early as 2006.

For years, California has been a favorite recourse for most athletes across the nation who gear to file a claim due to the state’s extensive workers’ protection system. So far, there are more than 4,500 workers compensation claims filed in California.

Posted in Workers Compensation.

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Walmart Faces another Retaliation Complaint

Image gives credit to Francis Dean / Corbis.

Image gives credit to Francis Dean / Corbis.

Just a few days after a federal labor board slapped the world’s largest retail company with labor complaint, Walmart is now facing another legal woe.

According to the Equal Employment Opportunity Commission’s (EEOC) recent press release, the U.S. District Court for the District of New Mexico required Walmart Associates Inc., and Walmart Stores Inc., L.P. to pay $87,500.00 to settle the retaliation lawsuit filed by the EEOC.

Under the said lawsuit, the agency claimed that the retail giant’s Albuquerque store refused to hire Ramona Bradford’s son and daughter for data entry level positions despite their qualifications. Bradford had previously filed a sex discrimination charge against Walmart with the EEOC.

The EEOC alleged that Bradford is a victim of retaliation for labor complaints because her children have been denied of employment due to her previous employment discrimination complaint and her charge filing.

Through the conciliation process, both parties agreed to reach a settlement agreement, which terms include payment of monetary fine and providing other important relief.

Apparently, the past few months have been notably rough for Walmart for being the target of a series of retaliation complaints. In fact, it was only last week when the National Labor Retaliation Board confirmed that it has finally issued a formal retaliation complaint against Walmart. The labor board alleged that Walmart violated the rights of its workers who participated in the legally protected nationwide strike against the company when it fired and disciplined the participants following the strings of protest.

“Retaliation continues to be a high priority for the EEOC – it always was, and under our national Strategic Enforcement Plan, preserving access to the legal system is especially emphasized. We now receive more retaliation charges than any other kind of discrimination charges — over 42 percent of our charges contain retaliation allegations. We are pleased that this case could be resolved for the Bradfords and mandates that Wal-Mart train its managers about retaliation,” EEOC Albuquerque’s Area Director Derick Newton said.

Obviously, it is not a good idea for Walmart to still pursue in its usual employment practice since the federal labor boards are always keeping an eye on them.

Posted in Retaliation.

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