Is Uber Refusing to Honor the Arbitration Clause in its Terms in Conditions?

More than 12,000 Uber drivers filed a California lawsuit claiming that Uber purposefully delayed arbitration requests. Uber drivers are considered contractors by the company. The drivers claiming that Uber is delaying arbitration requests are making an assortment of complaints, including: minimum wage violations, failure to pay overtime, etc. At the rate the complaints are being processed by the company, it would be a decade before all the complaints were heard.

Uber, like thousands of other companies, requires their drivers to sign an arbitration agreement that limits dispute resolution to company-direct handling instead of going through the court system. Uber’s 21-page terms and conditions does include an option to opt-out of the clause, but it has to be done within 30 days of signing the original agreement and it must be done in writing.

Drivers dealing with the potentially decades long delay are getting fed up with decreasing pay and their questionable status as independent contractors (instead of employees who enjoy more protections through employment law). 12,501 of Uber’s drivers have filed a California lawsuit including allegations that Uber ignored requests for arbitration. According to the suit, there have been 300 pages of partners requesting arbitration and only 47 have been appointed arbiters. Of those appointed arbiters, only six have seen the arbitration process move forward.

Legal counsel involved in the case suggest that this is a typical trend amongst corporations in this situation and has been for decades in the U.S. They insert this type of clause in a mandatory arbitration agreement specifically to block class action lawsuits. When asked about the case, Uber declines to comment. Originally, the case was brought as a class action lawsuit in multiple states addressing driver status as independent contractors vs. employees. Complaints (in numerous states) range from failure to pay overtime, to minimum wage violations, to failure to provide sick leave, etc., which would all be required if the drivers were classified as employees.

If you need to discuss how to qualify for a California class action lawsuit or if you need to file a lawsuit due to overtime violations or minimum wage violations, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

MedMen Faces Class Action Suit Listing Multiple Employment Law Violations

The Los Angeles-based company, MedMen, recently completed an acquisition in Emeryville, California and now has one of only two adult-use licenses in the Emeryville area. They are planning further expansion in 2019. The Emeryville dispensary plans to open in East Bay in 2019. In addition to eight other dispensary listings in Southern California, MedMen operates in: Arizona, Nevada (3 locations), and New York (4 locations). The company also holds licenses that give them the power to operate up to 70 facilities in 12 different states. They aggressively support progressive marijuana laws and lead the industry in terms of assets and operations in the U.S.

The company is also facing their fair share of trouble; listed as the defendant in a class action suit filed on behalf of two former employees of the West Hollywood dispensary located at 8208 Santa Monica Boulevard. The class action lawsuit could potentially include about 100 employees (current and former).

The West Hollywood location holds a medical cannabis license has been granted a temporary license to sell recreational marijuana pending the allocation of permanent recreational cannabis licenses that are scheduled for December 18th, 2018. The lawsuit alleges that the business violated a number of employment laws regarding employee work hours, wages and required breaks. For instance, the company required that their workers work overtime hours without paying them overtime wages. The company also allegedly failed to give breaks required by California state employment law. Workers also allege that the company failed to provide accurate payroll records.

The lawsuit holds the potential for fines/payouts to employees totaling $50 for their first pay period during which they were underpaid and $100 for each additional pay period during which they were underpaid. MedMen has faced similar claims of employment law violations in the past. In fact, California MedMen employees have also filed claims that the company made paycheck deductions for tips paid by credit/debit cards. In some cases, the practice even resulted in negative paychecks.

If you are not being paid overtime wages or if you need to discuss California wage and hour law with an experienced California employment law attorney, please get in touch with us at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Amazon May Have Beat the Class Action, but Still Has to Deal with Joint Employer Issue

In recent news, Amazon ended up beating the class action because the proposed driver class didn’t have enough in common, but the individual wage, overtime and meal break claims survived. Class claims were dropped in the delivery driver lawsuit that sought wages, overtime and relief for a number of different alleged labor violations. But the question of whether or not Amazon and other big businesses could be exposed to significant liability remains.

On December 6th, a federal judge found that California Amazon drivers could not seek class status because proposed class members (including current and former employees of Amazon and a number of staffing businesses subject to Amazon delivery guidelines) didn’t have enough in common. The federal judge on the case, Judge Maxine M. Chesney, of the U.S. District Court for the Northern District, did leave room to for a potential finding that Amazon is a joint employer alongside 1-800-Courier. If the curt were to come back with a joint employment finding, it would mean that both Amazon and the courier company were Jasmine Miller’s (the plaintiff) formal employers. This precedent would leave major businesses regularly depending on contracted or subcontracted labor in California facing significant implications.

The judge stated that Miller’s working conditions (as an alleged joint employee of Amazon and 1-800-Courier) may not match the working conditions of other drivers at Amazon contractors who are also allegedly jointly employed. This resulted in a failure of the test for class action status requiring that all putative class members face essentially the same experiences and conditions.

Miller is moving forward with claims that she was not paid minimum wage, overtime wages, provided required meal breaks and rest periods, and accurate wage statements. Miller has until January 4th, 2019 to amend her class complaint per Judge Chesney. The judge added that the joint employment will likely hinge on an assessment of how much control Amazon has over the working terms and conditions of employees at the courier company (or other similar companies providing Amazon with workers).

If you have questions about California employment law or if you need to discuss overtime violations, or wage and hour violations in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

$1.5 Million Awarded to Valley Med Chief Psychiatrist

Dr. Jan Weber, former chief psychiatrist, was fired from his job with Valley Medical Center in 2014. This month, he was awarded $1.5 million in damages to resolve his California wrongful termination lawsuit.

What is Wrongful Termination? The legal definition of wrongful termination or wrongful dismissal is to be in a situation where an employee’s contract of employment is terminated by the employer in a way that breaches one or more terms in the contract of employment or is in violation of employment law.

Is There a Statue of Limitations for Wrongful Termination Claims? The statute of limitations is the time limit set by law during which an individual can file a lawsuit based on a claim. If you are an employee who was wrongfully terminated from your job, and you file a lawsuit after the statute of limitations has expired, the case can be thrown out. Statutes of limitations can be set by either state or federal law.

Dr. Jan Weber headed the hospital’s child and adolescent psychiatry division for over five years. In late 2014, he was let go by the county after he complained about unsafe work conditions and young patients at the institution who were being offered substandard care.

Dr. Jan Weber took notice of substandard care provided to youth patients at the facility throughout the five years he worked there as the chief psychiatrist. At the end of his term with the medical treatment center, Weber was 49 years old and was responsible for supervising approximately eight different psychiatrists in the Valley Medical Center’s mental health department.

The case ended with a three-week-long trial. The trial included testimonies from County Executive Jeff Smith and Dr. Michael Meade, Valley Med’s chair of psychiatry. The Clara County jury came back in favor of the plaintiff in the case. They held the county liable for Weber’s past and future financial loss as well as his emotional distress.

If you need help after being wrongfully terminated or if you are experiencing other employment law violations in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLPas soon as possible.

FedEx Retaliation Case Results in Payout of Millions

Three employees (one former and two current) at a LAX FedEx location were collectively awarded millions of dollars by a jury. The jury found that the employees were wrongfully disciplined by FedEx after they came forward to report allegations that the courier giant was prioritizing profits over safety in not maintaining aircraft in compliance with FAA safety requirements. The verdict was reached on October 19, 2018 after the Los Angeles Superior Court panel deliberated for over a week.

The California retaliation suit was filed by Brian, Gruzalski, FedEx aircraft mechanic, and Stanley Langevin and Mark Collins, FedEx employees.

Awards Received by Plaintiffs in the Case:

·      Gruzalski: $855,000 in compensatory damages and $3.8 million in punitive damages

·      Collins: $260,000 in compensatory damages and $2.75 million in punitive damages

·      Langevin: $144,000 in compensatory damages and $200,000 in punitive damages

FedEx claims that Gruzalski was fired for valid reasons, citing inappropriate language in the workplace, with some of it being racially charged. The company also claims that Langevin was demoted due to alleged moonlighting on company time for other airlines using FedEx equipment and that Collins’, as their supervisor, did not use his authority to call a halt to these behaviors.

FedEx claims that while FedEx jets are older than others in the fleet, they are all flightworthy.

Langevin is 69 years old and lives in Long Beach. He has over 40 years of experience as an aircraft technician and is an Air Force veteran. He claims he was retaliated against for complaining about the condition of the FedEx aircrafts. Langevin noticed that FedEx routinely and willfully returned aircraft to service that were non-airworthy due to the need for additional repairs/maintenance that would make them compliant with federal aviation regulations. The company pushed the aircrafts back into service quickly and cheaply in order to increase profits regardless of federal aviation regulation compliance. For example, FedEx regularly failed to repair corrosion that was extensive enough to result in cracking the aircraft’s outer frame prior to putting them back in the air.

Collins is 60 years old, a Navy veteran who fought in the Persian Gulf War during Operation Desert Storm and lives in Claremont. He claims he faced backlash in the workplace for defending Langevin and voicing similar claims in his support. This resulted in a demotion.

If you have questions about workplace retaliation or if you need to discuss wrongful termination, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

$3.2M Awarded to Fired California Hospital Employee in Wrongful Termination and Discrimination Suit

On November 5th, 2018, a former warehouse employee at Loma Linda University Medical Center was awarded $3.2 million by a jury. The plaintiff, 44-year old Hugo Lizarraga, claims that he was harassed by his supervisors at the California medical facility for years until he was eventually fired due to his Islamic beliefs.

Lizarraga worked in the California hospital warehouse for 20 years. He claims that he was a victim of both religious and disability discrimination on the part of his supervisors, other employees, and the human resources department for more than six years. Lizarraga filed a California discrimination lawsuit in September 2016.

Legal Definitions:

Wrongful Termination – A situation in which an employee’s contract of employment is terminated by the employer and the termination breaches one or more terms of the contract of employment, a statute provision, or employment law.

Religious Discrimination – A situation in which an individual or entity treats a person (an applicant or employee) unfavorably because of their religious beliefs. The law protects not only those individuals who belong to traditional, organized religious, like Buddhism, Christianity, Hinduism, Islam, and Judaism, but also those who have sincerely held religious, ethical or moral beliefs.

Disability Discrimination – A situation in which an employer or other entity that is covered by the Americans with Disabilities Act or Rehabilitation Act, treats a qualified applicant or employee unfavorably because they have a disability.

According to the lawsuit, Lizarraga worked at the hospital for more than 10 years and never experienced harassment. The harassment began in 2012 after he converted to Islam, broke his thumb and had a physician place him on modified duty. At that point, Lizarraga’s supervisors started to harass him.

The Loma Linda, California hospital disagrees with the jury’s verdict and denies the allegations claiming that Lizarraga was not discharged due to his Islamic beliefs, but because reported threatening conduct. The hospital spokesperson claimed that the facility complies with federal and state laws on discrimination and harassment and does not tolerate either.

If you have concerns about what constitutes workplace discrimination or if you have been wrongfully terminated due to a disability or your religious beliefs, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Wrongful Termination Suit Results in $3M For Catholic School Teacher

A California jury recently awarded over $3.5 million to a former Catholic school teacher, Kourtney Liggins, who alleged that the Archdiocese of Los Angeles fired her from her position as the science teacher at LA’s Transfiguration School for being pregnant and unwed. Kourtney Liggins’ lawsuit alleged wrongful termination and intentional infliction of emotional distress. Transfiguration School is a Catholic parochial school that is linked with the Church of Transfiguration. The Transfiguration School was founded in 1832 by Varela. It was opened for registration to children of any religion/faith in 1969. The Transfiguration School has higher than average academic standards and was the winner of the National Blue Ribbon Schools Award in 2011. 

Legal Definitions:

Wrongful Termination – A situation in which an employee’s contract of employment is terminated by the employer and the termination breaches one or more terms of the contract of employment, a statute provision, or employment law.

Intentional Infliction of Emotional Distress – A situation in which an individual or entity acts abominably or outrageously with the intention of causing another to suffer severe emotional distress. It often occurs in the form of a vocal threat of future harm.

Major news outlets reported that jurors were in deliberation for less than a day before they announced their decision – finding in favor of Kourtney Liggins, ex-science teacher for the Catholic school in Los Angeles.

The panel of jurors found the archdiocese and Reverend Michael Tang, former pastor of the Church of the Transfiguration, liable in the case. Liggins, now 48 years old, says that when the situation occurred in 2012, she was seven months pregnant. Tang took her aside and advised her that her pregnancy would “morally corrupt” her science students there at the school. In 2013, her teaching contract was not renewed.

If you have been wrongfully terminated or are experiencing discrimination in the workplace, please get in touch with one of the California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.