Alleged Discrimination: Female Farmers Attorney Employee Sues

June 18, 2015 - A class action lawsuit was filed by Lynn Coates against Farmers Insurance on behalf of female attorney employees containing allegations that the insurance conglomerate has policies and procedures in place that are discriminatory against women in the workplace.

Accusations made in the class action lawsuit indicate that the Los Angeles, California based insurance company was illegally paying their female attorneys significantly lower wages than their male attorneys that were performing the same work duties.

The suit claims that Farmers fails to compensate female attorneys on staff in equal measure when compared to their male counterparts performing equivalent work and that they actually systematically offer female attorneys less pay than the men. The men are also disproportionately offered higher profile work assignments, more opportunities for promotions and pay increases as well as workplace recognition for accomplishments on the job. In short, the suit claims that Farmers advances their mail attorneys’ careers much faster than that of their female attorneys. The suit even goes so far as to claim that rather than being treated equally, the female attorneys are treated more like support staff for the male attorneys.

• Coates was paid less than male attorneys who had decades less experience on the job.
• While Coates was working for Farmers, younger, male attorneys received the best cases.
• Procedures and practices discriminating against women have been in place at Farmers since the 1970s.

A previous lawsuit was filed in the 1970s by the Secretary of Labor against Farmers claiming unequal pay, Marshall v. Farmers Ins. Co., Civil Action No. 75-63-C2. In this suit, Farmers’ salary policy was found to be discriminatory. Specifically, it was found to exclude women in the workplace from appropriate promotion, etc.

Coates, the original plaintiff in the current suit against Farmers, is a resident of California. She worked in the Farmers’ San Jose branch legal office in the 1990s and again in 2010. Coates received positive reviews regarding her work and periodic raises, but even so, male attorneys on the job with decades less experience were making significantly more for comparable work. One male attorney on staff with similar experience and equivalent workload was making up to 50% more than Coates.

As soon as Coates became aware of the pay discrepancy, she attempted to discuss it with a supervisor. As a result, she was demoted from her position as an attorney to that of a paralegal. Coates states that the demotion was in retaliation for complaining about the unfair pay policies.

If you feel that there are discriminatory policies or unfair practices in place at your workplace, please get in touch with the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.

Class Action: Weitz and Luxenberg vs. Lumber Liquidators, Inc.

April 15, 2015 -Weitz & Luxenberg, P.C. filed a class action lawsuit seeking to make Lumber Liquidators home improvements retailer pay restitution. Consumers who purchased certain brands of laminate flooring discovered later that it was found to emit high levels of formaldehyde – high enough to be potentially dangerous to their health. The class action contains allegations that the Toano, Virginia based home improvements retailer was aware of the problem (that the levels of formaldehyde being emitted were unhealthy and cancer causing) and purposefully concealed the information from consumers in order to continue selling their tainted product.

California air quality standards are the most stringent in the nation. Weitz & Luxenberg claim that Lumber Liquidators went so far as to advise their customers that the laminate flooring’s formaldehyde emissions met those extremely high air quality standards when they did not.

Six plaintiffs were named in the class action filed in Manhattan in federal court. The plaintiffs named were from 3 different states: Texas, New York and New Jersey. The suit seeks financial reimbursement from Lumber Liquidators to provide members of the class who bought the dangerous flooring with a full refund for their purchase price, and associated costs (installation, delivery, removal, etc.) It has also been requested that Lumber Liquidators pay damages (as permitted by the various states) in regards to false advertising and additional violations of a variety of other consumer protection statutes.

The class action lawsuit is a civil litigation device. When compared to criminal law, it’s important to note that civil law deals with private disputes. A private dispute is one in which one party accuses a second party of some type of injury and sues for damages that occurred as a result of that injury. Injury can come in many forms: physical, psychological, emotional, or financial. Class actions are most useful in cases where you alone would be David to the other party’s Goliath. If you alone attempted to sue a major “Goliath” sized company, it would be a painful process with slim chances for success. The class action lawsuit allows all the “Davids” to get together in one suit, which allows them to obtain a “Goliath” size lawyer to fight for their case; drastically increasing the chances for the “everyday Joe’s” chance of success against major corporations and massive organizations.  

If you need additional information on forming a class action lawsuit, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Accusations of Labor Violations at TGI Friday’s

One of the nation’s most popular casual dining spots has been named in a class action lawsuit. TGI Friday’s is accused in the suit of systematically underpaying its tipped employees. Allegations made within the suit filed on April 17, 2014 in New York Federal Court include: TGI Friday’s requires that tipped workers are at work early and say late after closing without minimum wage compensation and/or overtime pay. The suit was filed by four former employees of TGI Friday’s in the New York metro area and Fredericksburg, Virginia. Plaintiffs also indicate that the restaurant management utilized a central time-keeping system that allowed them to cut hours from employee time records – requiring employees to work off the clock doing prep work and clean up before and after their shifts/restaurant hours.

No one has indicated a specific dollar amount for this lawsuit, but speculation puts it in the millions. Allegations of violations of the Federal Fair Standards Act and the New York Law were made against TGI Friday’s and Carlson Restaurants (its parent company).

TGI Friday’s has approximately 540 domestic locations and 17,700 US employees. The suit represents all current and former workers: servers, bartenders, hosts, bussers and any other “tipped” workers at the chain.

Workers are seeking recovery of minimum wages as well as overtime pay, misappropriated tips, unlawful deductions, etc.

Many employers are attempting to maximize profit by minimizing employee costs. If you are being underpaid for hours worked, get in touch with an expert wage and hour attorney at Blumenthal, Nordrehaug & Bhowmik.