Month: June 2025

Posted on

Understanding Concerted Activity Rights

Farm worker employees right to unionize.

Understanding Concerted Activity Rights and What They Mean for Employees

The right to organize, demand fair treatment, and advocate for better working conditions is a foundational labor right that’s been fought for over decades. Understanding concerted activity rights is essential for both employees and employers, yet it remains a topic many are unfamiliar with. Recent cases, such as the Redwood Empire Vineyard Management (REVM) incident, underscore the importance of knowing and protecting these rights.

This guide will walk you through the basics of concerted activity, highlight the significance of the REVM case, and provide actionable advice to help employees recognize and address violations of their rights.

What Is Concerted Activity?

At its core, concerted activity refers to actions taken by employees as a group or on behalf of a group to improve their wages, working conditions, or other employment terms. These actions are protected under the National Labor Relations Act (NLRA), a federal law passed in 1935 to safeguard employees’ rights to organize and engage in collective efforts without fear of retaliation from employers.

Examples of Concerted Activities:

  • Organizing or joining a strike to demand higher wages.
  • Petitioning management as a group to improve workplace safety.
  • Discussing wages, hours, or working conditions openly with coworkers.

Concerted activity applies regardless of union membership. This means employees in both unionized and non-unionized workplaces are legally protected when engaging in concerted efforts to address workplace concerns.

Why Does This Matter?

These protections ensure that employees can collectively address inequalities and improve workplace environments without facing undue consequences.

The REVM Case A Violation of Rights

The REVM case is a poignant example of how these rights can be breached and what consequences follow when employers violate these laws.

What Happened at REVM?

REVM, a vineyard management company in California, required its farmworkers to sign contracts that prohibited them from renegotiating their wages. When some employees participated in protests demanding hazard pay, the company retaliated by refusing to include them in future work lists and laying them off. These actions were deemed violations of the California Agricultural Labor Relations Act.

The ALRB Investigation

The Agricultural Labor Relations Board (ALRB) determined that REVM’s actions were unfair labor practices. The company was found guilty of:

  • Retaliating against employees for participating in protected concerted activities.
  • Including unlawful clauses in employee contracts discouraged workers from asking for better pay.

Settlement Outcome

REVM reached a settlement to pay $33,548 to affected employees and agreed to remove prohibitive clauses from its contracts. The ALRB also required the company to educate workers about their rights and commit to respecting their ability to organize in the future.

This case serves as a stark reminder that retaliation for engaging in collective activities is unethical and illegal.

Employee Rights in California

California employees benefit from a combination of federal and state laws that protect their rights to challenge workplace inequalities.

What Does At Will Employment Mean?

California is an “at-will” employment state, which means an employer can terminate an employee at any time for any legal reason. Similarly, employees can quit without notice. However, “at-will” rules do not permit terminations based on illegal reasons, such as retaliation, discrimination, or for participating in protected concerted activity.

Key Protections in California:

Under both state and federal regulations:

  • You have the right to discuss wages and working conditions with coworkers.
  • You cannot be fired for organizing or taking group action to address workplace issues.
  • Anti-retaliation laws protect you from being punished for engaging in protected activities.

It’s crucial for workers to know that these protections apply whether or not they are part of a union.

Identifying and Addressing Retaliation

Employer retaliation can take many forms, often subtle or disguised to intimidate employees or discourage further action. Recognizing these signs is the first step toward safeguarding your rights.

Signs of Retaliation:

  • Being excluded from work opportunities or projects.
  • Sudden negative performance reviews after participating in collective activities.
  • Demotions, loss of benefits, or changes in job responsibilities.
  • Threatening or intimidating behavior from managers or supervisors.

Steps You Can Take:

  1. Document Everything

Keep detailed records of any interactions, contracts, or changes in your employment terms following collective actions. This documentation can serve as crucial evidence.

  1. Maintain Communication with Coworkers

A group effort strengthens legal protections and presents a unified voice that employers cannot easily dismiss.

  1. File a Complaint

If retaliation occurs, file a formal complaint with the ALRB in California or the National Labor Relations Board (NLRB) for other cases. These organizations will investigate and address the violation.

  1. Reach Out to Legal Experts

Consulting with a labor rights attorney ensures you receive tailored advice and representation if needed.

How Organizations Like ALRB Can Help:

Labor organizations like the Agricultural Labor Relations Board provide education, resources, and enforcement mechanisms to protect your rights. If you’re unsure where to begin, they are an excellent first point of contact.

The Power of Collective Action

The REVM case illustrates the risks workers face when challenging unfair practices but also the power and strength gained through collective action. By standing together, these workers not only secured financial compensation but also initiated systemic changes that protect future employees.

Employers may try to silence their workforce through legal loopholes or intimidation, but your rights as an employee are backed by federal and state laws. Becoming familiar with concerted activity protections is the first step toward a fairer workplace for all.

Moving Forward and Seeking Justice

Understanding concerted activity rights is not just about reacting to workplace challenges; it’s about using collective action as a proactive tool for systemic change. Every employee who speaks up strengthens protections for others in similar circumstances.

If you’ve faced retaliation or suspect your rights have been violated, don’t wait. Contact a qualified labor rights attorney for guidance. Together, we can ensure that no worker feels powerless in advocating for fair treatment.

Take control of your rights. Speak up. Seek assistance. Stand with your coworkers for a workplace that values fairness, respect, and equality.

This post utilizes information reported by Carlos Cabrera-Lomelí

Posted on

Race and Sex Harassment Settlement Highlights Workplace Lessons

Stop Racism, race harassment, discrimination lawyers in Los Angeles, Helmer Friedman LLP.

Settlement for Race and Sex Harassment Provides Justice and Lessons for All Workplaces

Workplace discrimination and harassment are more than just violations of personal dignity; they undermine morale, affect productivity, and leave lasting scars on employees. This truth came to light in a high-profile lawsuit involving Bigfoot Energy Services and Iron Mountain Energy, who recently settled for $697,500 due to egregious allegations of race- and sex-based harassment. The settlement offers monetary compensation to the affected employees and highlights the critical importance of ensuring safe and inclusive workplaces.

This article will unpack the details of the settlement, its legal implications under Title VII of the Civil Rights Act of 1964, and the broader lessons businesses and employees can learn to prevent such violations in the future.

Understanding Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is a landmark law that prohibits workplace discrimination based on race, color, religion, sex, or national origin. It serves as a foundation for equality in American employment, ensuring that no one is subjected to discrimination or harassment at work. Specifically, it covers:

  • Discrimination in hiring, firing, and promotions
  • Harassment based on race or sex
  • Retaliation against employees for reporting discrimination

This law is enforced by the Equal Employment Opportunity Commission (EEOC). Through litigation, investigations, and outreach, the EEOC works to uphold these civil rights, as seen in its handling of the recent case against Bigfoot Energy Services and Iron Mountain Energy.

Details of the Harassment Allegations

The lawsuit against Bigfoot Energy Services and Iron Mountain Energy revealed a deeply troubling pattern of workplace misconduct. Employees reported:

  • Persistent racial harassment, including repeated use of the “n-word” and other racially derogatory language by management and colleagues.
  • Sexually degrading behavior, such as sharing pornographic images and making offensive remarks aimed at women.
  • Retaliation against those who raised complaints. For example, within days of voicing concerns about harassment, several employees were unlawfully terminated.

This series of alleged incidents reflects clear violations of Title VII, spotlighting how systemic issues, when left unaddressed, can fester and harm both employees and the organizational culture.

Legal Violations in the Case

Effective training, anti-discrimination policies, and pathways for complaining about discrimination without retaliation are essential for providing a workplace free of harassment and discrimination,” said EEOC Houston District Office Regional Attorney Rudy Sustaita.

Bigfoot Energy Services and Iron Mountain Energy were accused of violating Title VII of the Civil Rights Act in multiple ways:

  1. Race-Based Harassment: The pervasive use of racial slurs and targeting of Black employees created a hostile work environment.
  2. Sex-Based Harassment: The degrading behavior toward female employees constituted a violation of federal law prohibiting sex-based harassment.
  3. Retaliation: Firing employees for reporting harassment is strictly prohibited under Title VII. Such actions discourage others from stepping forward, perpetuating the cycle of abuse.

These violations reflect a failure not only to meet legal requirements but also to uphold fundamental workplace ethics.

Settlement and Its Implications

The settlement of $697,500 was a significant step toward justice for the impacted employees. But monetary relief was only part of the resolution. The consent decree also included actionable measures to prevent future violations:

  • Policy Overhaul: The companies must implement comprehensive anti-harassment and anti-retaliation policies.
  • Mandatory Training: All employees, including management, are required to undergo training on Title VII, workplace harassment, and retaliation.
  • Regular Reporting: The companies must provide regular updates to the EEOC on training progress and any complaints of discrimination.

Such measures underscore the importance of preventative action, demonstrating that accountability extends beyond financial compensation.

Why Reporting Discrimination Matters

One key takeaway from this case is the value of speaking up about workplace harassment. Reporting discriminatory behavior is critical for several reasons:

  • Holds Employers Accountable: It forces organizations to confront and rectify toxic cultures.
  • Prevents Further Harm: By addressing issues early, you can protect yourself and others from ongoing abuse.
  • Triggers Legal Protections: Under Title VII, individuals who report harassment are protected from employer retaliation.

Still, reporting can feel daunting, especially when fear of backlash looms large. This underscores the need for robust workplace protections and trusted avenues for employees to raise concerns safely.

Building Safer Workplaces

Employers can take proactive steps to foster inclusive environments and guard against discrimination:

  • Establish clear anti-discrimination policies and communicate them to employees.
  • Conduct frequent training on workplace diversity, sensitivity, and harassment laws.
  • Implement effective reporting mechanisms to handle complaints promptly and confidentially.
  • Build a culture of accountability where everyone, regardless of position, is held to the same standards.

These actions not only protect employees but enhance organizational reputation, making businesses more attractive to top talent and clients alike.

Take Action If You Experience Discrimination

If you’ve faced race- or sex-based harassment at work, know that the law is on your side. Contacting a discrimination lawyer is a powerful step to hold employers accountable and secure justice. Firms like Helmer Friedman LLP specialize in workplace discrimination cases, offering the expertise and advocacy you need to take on even the biggest employers.

Workplace equality isn’t just a legal requirement; it’s a moral imperative that empowers productivity, trust, and innovation. By addressing harassment and advocating for fairness, we create businesses that thrive on respect and inclusion.

Posted on

Widespread Age Discrimination

Disability discrimination, age discrimination lawyers in Los Angeles, Helmer Friedman LLP.

It’s vital to engage in open and heartfelt discussions about an issue that truly impacts many in our workforce: age discrimination. It’s particularly significant that workers aged 65 and older are now the fastest-growing segment of the U.S. workforce, with those over 75 not far behind. Acknowledging and addressing the unique challenges they face is essential. The U.S. Bureau of Labor Statistics projects a staggering 78% increase in workers aged 75 and above, and a 25% rise in those aged 65 to 74 by 2030. Yet, despite these encouraging trends, ageism continues to be a pervasive issue. A recent AARP survey found that 9 out of 10 individuals aged 50 and older feel that age discrimination is widespread, with nearly two-thirds having either experienced it personally or witnessed it firsthand.

9 out of 10 individuals aged 50 and older feel that age discrimination is widespread, with nearly two-thirds having either experienced it personally or witnessed it firsthand.

The California Civil Rights Department (CRD) highlights the importance of legal protection for workers aged 40 and above under the Fair Employment and Housing Act (FEHA). This important legislation aims to shield experienced candidates from being overlooked, to discourage biased language in job postings, and to promote a nurturing workplace culture that values age diversity.

The experience and reliability that come with age are irreplaceable assets any organization can cherish. Workers over 40 bring a wealth of knowledge and insights gained through years of navigating complex business landscapes and adapting to the ever-changing economic and technological tides. Contrary to common stereotypes, these individuals are often incredibly dependable, deeply committed, and remarkably adaptable. However, despite their valuable contributions, many face various forms of age discrimination, including unequal pay, limited promotional opportunities, biased hiring practices, and unfair terminations.

A recent court ruling serves as a poignant reminder of the real-world impacts of age discrimination. CrossCountry Mortgage was ordered to pay over $2.1 million in damages following a jury and appeals court decision favoring Cheryl Shephard, a dedicated senior accountant who was let go at age 65 in June 2022. Cheryl believed her dismissal was rooted in her age rather than her work performance. The court found inconsistencies in CrossCountry’s reasoning and acknowledged violations of the Older Workers Benefit Protection Act. This case underscores the urgent need for compassion and fairness in our workplaces.

Creating change to eliminate age discrimination calls for awareness and decisive action from organizational leadership. Companies need to embrace unbiased recruitment practices, remove ageist language from job descriptions, and cultivate inclusive environments that genuinely appreciate the strength that diversity, including age diversity, brings. Providing training for managers to recognize and challenge age biases, along with fostering mentorship and skill development opportunities, can create more equitable workplaces where everyone feels valued.

If you or someone you know has faced age discrimination, it’s important not to stay silent. Reach out to the appropriate authorities and consider seeking guidance from an experienced employment lawyer who can help you understand your rights. By standing together against age discrimination, we can foster workplaces where talent and experience are embraced and celebrated, regardless of age. It’s time to fully appreciate the immense value that older workers bring to our organizations and honor their important contributions.