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Los Angeles Employment Law Blog

FMLA Protections Extend To Families Caring Injure Military Vets

With more than 50,000 wounded warriors returning to the United States for treatment, rehabilitation and relearning how to live with a serious injury, families throughout California and the rest of the United States have answered their own call to duty: to take care of their loved one at Walter Reed or another military hospital. But many family members have lost their jobs because of the extended time away from work required to nurse a son, daughter or spouse back to health after a battlefield injury.

Unfortunately, many do not know that the Family Medical Leave Act (FMLA) provides up to 26 weeks of job-protected leave for those who are caring for an injured soldier, seaman, airman, guardsman, reservist or other military personnel. While six months may not seem like nearly enough time for those caring for amputees or other seriously wounded warriors, it is at least a start for those employees that qualify.

Sexual Harassment, Wrongful Termination Alleged Against NBPD

Two former Newport Beach employees are suing the city for discrimination, wrongful termination, retaliation and sexual harassment. One is a former police officer and one a former police dispatcher.

In her employment discrimination lawsuit, Christine Hougan asserts that she was sexually harassed and physically intimidated by the police chief. She was fired in 2012 after 20 years of working for the City in both full- and part-time positions.

Was Age 60 The Magic Number For Age Discrimination At Lawndale High?

Roberleigh Richester began working for the Centinela Valley Union High School District in 1999. In 2008, he received the "Security of the Year" award at Lawndale High. In 2012, at age 63, he retired from the school district, claiming he had been discriminated against because of his age since he turned 60.

Richester is fighting back against his former employer. He has filed an employment discrimination lawsuit claiming age discrimination and is seeking damages for the four years of employment he lost, along with other damages. Richester had intended to retire at 67, but left the district at 63 after three years of harassment, discrimination and feeling targeted for discipline.

Is Congress Trying To Take Away Overtime Pay?

Maybe, although that's not the stated intent behind a bill that would allow employers to 'pay' workers with comp time - or additional paid time off - for hours that are now required to be paid at an overtime rate of time-and-a-half. The bill recently passed the House by a fairly narrow margin of only 19 votes.

The bill currently does not require employees to accept comp time in lieu of overtime pay rates, but does offer the choice of accruing additional time off rather than a higher hourly payout. An employee would have to affirmatively choose comp time rather than overtime pay for any hours worked over 40 hours in a week and could change the agreement at a later date if he or she chose to do so.

Former LAPD Officers Request Review For Wrongful Termination

Forty former police officers of the Los Angeles Police Department (LAPD) have taken up Police Chief Charlie Beck on his offer to review the files of officers who believe they were wrongfully terminated from the force.

Former officers should have received a letter from LAPD's Gerald Chaleff detailing the steps that must be taken to request a formal review of termination. A former officer requesting review of his or her termination must submit documentation as to why the personnel file should be reviewed within two months of receiving the letter from Chaleff.

Female Officer Wins Reinstatement, Back Pay In Discrimination Lawsuit

Just before Nichole Hanchett was scheduled to have her day in court, she and her former employer were able to reach an agreement, settling her employment discrimination case against the San Fernando Police Department. Hanchett will receive $700,000 to resolve her lawsuit that alleged she was discriminated against because of her sexual orientation and retaliated against for talking about the corrupt practices of the department.

Hanchett returned to the police department earlier this month, taking on a new role as a Detective. The settlement includes payment for:

  • Emotional distress
  • Personal injury
  • Retirement benefits, retroactive to the date of her wrongful termination, including catch-up contributions to CalPERS
  • Paid time off for sick leave, vacation and personal time off

Throughout the case, Hanchett's dedication to law enforcement was apparent; her goal was to return to the job that she enjoyed and she was able to do so.

California's Law Against Non-Competes Lets Employees Find The Right Fit

With the loss of jobs that came with the economic downturn, some states are considering banning or at least placing a moratorium on enforcement of non-compete agreements. The ability to move between jobs or to take a new job within a chosen field, free from the restrictions of a non-compete agreement, would boost employment rates some believe.

Many point to California when extolling the virtues of disallowing non-competes in employment contracts. The success of Silicon Valley may very well be in the ability of highly-skilled employees to move between companies to find the right fit for themselves and their employers, rather than being artificially restricted to one employer in the area. Employees who are able to move are also able to share ideas and spread innovation moreso than those who are restricted by a non-compete.

Law Firm Secretary Sues For Pregnancy Discrimination

Demetria Peart began working as a legal secretary for Latham Watkins in April of 2007. The fall of the same year, she learned that she was pregnant. Shortly thereafter, she was forced to take time off of work for complications related to her pregnancy. In January of 2008, she was told not to return.

Peart was approved for short term disability, but her request for time off because of pregnancy-related complications was not well received the by the Human Resources Manager. According to Peart's complaint in her pregnancy discrimination lawsuit, he told her that her pregnancy was not his problem.

Claiming To Have Built Her Brand, Former Employee Sues Shakira

Antonio de la Rua claimed in a recent lawsuit filed in California that his former employer and girlfriend, Shakira, owes him $100 million for the work that he did to launch her stardom. De la Rua began working for the singer/songwriter in 2005 and, despite the absence of an employment contract spelling out their working relationship, believes he deserves compensation for his role in Shakira's musical career.

According to the lawsuit, which was initially filed in New York and requested $250 million but was later withdrawn and refilled in California, de la Rua claims that he convinced Shakira to record her famous hit "Hips Don't Lie." That success of that song led to a $300 million deal with Live Nation. De la Rua claims that he was instrumental in building Shakira's musical brand.

Nevada Engineering Company Settles Pregnancy Discrimination Case

A husband and wife formerly employed by Engineering Documentation Systems, Inc., fought back against pregnancy discrimination and wrongful termination and recently won. The Equal Employment Opportunity Commission (EEOC) announced that EDSI had agreed to a $70,000 settlement for the employment discrimination claims and to implement anti-discrimination policies at the Nevada company.

EDSI was also required to remove any negative performance reviews from both employees' personnel files and to provide positive recommendations to future employers when asked about both the male and female's employment history.

Attorney Michael Bononi Los Angeles California Lawyer

http://www.bononilawgroup.com 800-641-5548 By representing both plaintiffs and defendants, Attorney Michael Bononi has developed a unique perspective on employment litigation. Contact him in Los Angeles, California for representation.

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