Category: employment rights

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Walmart Pays Over $400k to settle Sexual harassment, Retaliation Lawsuit

The law ensures a workplace free from sexual harassment -Helmer Friedman LLP.

In a distressing yet all too familiar case, Walmart has once again found itself under the spotlight for failing to adequately protect its employees from sexual harassment and retaliation. This time, the retail giant has agreed to pay $415,112 to settle a lawsuit involving severe sexual harassment and retaliation at its Lewisburg, West Virginia store. The case highlights a recurring issue within Walmart’s vast network of over 2.1 million employees, where allegations of misconduct by managers have not only been ignored but, in some instances, led to wrongful termination of those who dared to speak out.

The lawsuit brought to light appalling behavior by a former store manager who subjected female employees to unwelcome and offensive sexual behavior. This included crude sexual innuendos, requests for sexual acts in exchange for workplace favors, and an egregious demand that a female employee expose her breasts. Despite receiving multiple complaints, Walmart reportedly failed to act decisively, leading to a female employee being fired after she opposed the harassment and filed a formal complaint.

“Employers have a duty under federal law to take prompt, reasonable action to stop sexual harassment and prevent it from happening again,” said EEOC Philadelphia District Office Regional Attorney Debra M. Lawrence. “Diligent investigations – which include considering relevant past complaints against an alleged harasser, thoroughly interviewing coworkers and others who may know about the work environment, and not demanding supporting witnesses or an admission of wrongdoing as a general prerequisite for taking action – are essential to compliance with that legal duty.”

Such conduct is a clear violation of Title VII of the Civil Rights Act of 1964, which expressly safeguards employees from harassment and discrimination based on sex. Furthermore, it protects them from any form of retaliation for standing up against such inappropriate actions. This isn’t the first instance of Walmart employees resorting to legal action to enforce these rights, and unless large settlements significantly impact Walmart’s $648 billion revenue, it may not be the last.

The settlement agreement requires Walmart to pay monetary relief and adhere to several non-monetary measures aimed at preventing future harassment. This includes barring the rehiring of the implicated manager, mandating specialized training for conducting thorough harassment investigations, and ensuring that investigations are led by personnel with no conflicts of interest.

This case underscores the critical importance of not dismissing inappropriate managerial behavior in the workplace. Every time a perpetrator manages to evade consequences for their illegal actions, it only serves to embolden them, potentially leading to repeated offenses. If you find yourself in a similar situation, do not hesitate to contact a dedicated sexual harassment attorney to protect your rights and seek justice. No one should face such maltreatment in their place of work, and speaking up is a vital step towards making a change.

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California Worker Freedom Act Explained (SB 399)

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SB399: The Worker Freedom From Employment Intimidation Act

California has long been a legislative trailblazer, driving progressive reforms that protect employees’ rights and promote workplace equity. The introduction of Senate Bill 399, also known as the California Worker Freedom from Employment Intimidation Act (the Act), is yet another step toward ensuring that employees can work free from coercion or fear.

This blog unpacks the intricacies of California Senate Bill 399 and what it means for employees across the state. Whether you’re an employee concerned about workplace protections or an employer navigating compliance, this guide helps clarify the Act’s key provisions, its impact, and its implications for the future of the workforce in California.

What Is California Senate Bill 399?

California Senate Bill 399 (SB 399) addresses a critical issue that many workers face but may not openly discuss—intimidation or coercion by employers during work hours, especially regarding personal beliefs, political activities, or unionization efforts. Championed by labor advocates, SB 399 makes it illegal for California employers to compel workers to participate in meetings or activities unrelated to their job performance, particularly if those meetings involve political or religious discussions.

Titled the “California Worker Freedom from Employment Intimidation Act,” the bill seeks to draw a line between professional obligations and personal autonomy, highlighting the state’s commitment to defending the rights of its workers.

How the Act Affects California Employees

For California employees, SB 399 represents a significant victory. Under the Act, employers are restricted from requiring workers to attend or engage in activities where political or religious positions may be endorsed or mandated. This change empowers employees with the freedom to maintain their personal beliefs without feeling pressured to conform to their employer’s stance.

For example, imagine being asked to attend a mandatory meeting endorsing a particular political candidate or initiative unrelated to your role. Under SB 399, such coercion is now prohibited, giving workers the peace of mind that their job security does not hinge on aligning with their employer’s political or religious preferences.

Key Provisions of SB 399

Here are the foundational protections and provisions of the Act:

  1. Prohibited Activities

According to SB 399, employers cannot require employees to participate in workplace meetings or discussions regarding:

  • Political issues or opinions
  • Religious beliefs or practices
  • Support or opposition to labor union activities
  1. Retaliation Safeguards

Any form of retaliation against an employee for refusing to participate in these discussions is strictly forbidden. This includes terminating, demoting, or discriminating against workers exercising their rights under the Act.

  1. Exemptions for Religious Organizations

Religious organizations are granted limited exemptions under SB 399. If an employer’s primary purpose is religious, conversations concerning faith may legally occur as part of the work environment, given that they directly relate to the organization’s mission.

  1. Employee Right to Recourse

Workers who believe their rights under the Act have been violated can pursue legal recourse. Employees may file complaints through California’s Labor Commissioner, or, in some cases, take legal action against their employer to seek compensation or remediation.

These provisions collectively aim to protect employees from unnecessary coercion in their workplace, ensuring their personal beliefs are not used as leverage by their employer.

The Legislative Pathway of SB 399

Every piece of legislation goes through a rigorous process before becoming law, and SB 399 is no different. Introduced by Senator Maria Elena Durazo, the bill garnered widespread support from workers’ advocates, labor unions, and civil rights organizations.

The California Legislature debated numerous elements of the bill, particularly its broader implications for employer-employee relationships. Proponents highlighted its role in improving workplace fairness, while critics raised questions about unintended consequences or challenges in enforcing the law. Ultimately, SB 399 was signed into law by Governor Gavin Newsom, solidifying California’s stance against workplace intimidation.

The Act’s Implications for Employers and Employees

SB 399 has implications for both employees and their employers. For employees, the Act guarantees stronger workplace protections, enhancing trust and equity. It fosters an environment where individuals feel safe to express themselves and retain their autonomy over personal beliefs.

For employers, SB 399 necessitates a careful re-evaluation of workplace policies. Conducting mandatory meetings or communicating organizational endorsements of political or religious beliefs can now present legal risks. Organizations must adapt their internal procedures to ensure full compliance with the Act’s requirements – missteps could lead to costly lawsuits or reputational damage.

Compliance and Implementation Guidelines for Employers

Employers can follow these steps to ensure smooth implementation and compliance with SB 399:

  1. Educate Leadership and HR Teams

Train leadership and HR staff to understand the nuances of SB 399. This includes clearly distinguishing between permissible workplace discussions and those that fall under the Act’s prohibitions.

  1. Update Employee Handbooks

Update company policies and employee handbooks to reflect the new rights protected under SB 399, ensuring transparency for workers.

  1. Develop Clear Complaint Mechanisms

Establish straightforward processes where employees can report suspected violations anonymously without fear of retaliation.

  1. Consult Legal Experts

Legal counsel familiar with employment law in California can assist in aligning policies with all facets of SB 399, reducing the risk of inadvertent violations.

By taking proactive steps, employers can ensure compliance while preserving an equitable workplace environment.

Future Outlook and Potential Revisions to SB 399

The passage of SB 399 sets a strong precedent for similar legislation at both the state and federal levels. Moving forward, policymakers may consider refining aspects of the bill, such as tightening its language to address potential loopholes or adding more robust enforcement frameworks.

Additionally, SB 399 is likely to spur conversations around balancing employer rights with employee protections beyond political or religious contexts. For example, as debates around workplace data privacy intensify, new legal developments could build upon the framework SB 399 has established.

Why SB 399 Matters for California Workers

California Senate Bill 399 represents a bold step forward in safeguarding worker freedoms. Far too often, the boundaries between professional obligations and personal beliefs can blur, creating environments where employees feel pressured to compromise their values. This Act affirms the rights of California workers to uphold their individuality without fear of retaliation or coercion.

By aligning workplace practices with this new legislation, California employers have the opportunity to lead by example and foster environments that respect diversity and encourage authentic employee engagement.

If you’re a California employee seeking further clarity on your rights or an employer looking to implement compliant practices, seek guidance from reputable legal professionals or labor organizations.

Chamber of Commerce Lawsuit to Stop Enforcement

The California Chamber of Commerce’s lawsuit to block SB 399 highlights the friction between protecting workers’ rights and preserving long-standing employer practices. The Chamber represents numerous business interests and has historically opposed legislation perceived as limiting employer authority or imposing new compliance burdens. Captive audience meetings, which the legislation seeks to restrict, have remained a tool for employers to disseminate messaging, particularly during union organizing efforts or discussions on workplace policies. By challenging SB 399, the Chamber aims to preserve these employer-led forums, which critics argue can coerce employees into engaging with one-sided rhetoric. This dynamic underscores the Chamber’s vested interest in maintaining practices that enable employers to control workplace narratives, often to the detriment of unbiased employee decision-making.

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Achieving Equality: A New Era in Fire Department Culture

Women firefighters also fight for equality. Workplace discrimination and harassment lawyers Helmer Friedman LLP.

The Journey of Women Firefighters: A Tribute Amidst the Mountain Fire

As the Mountain fire continues to put our brave firefighters to the test, we take a moment to shine a light on our women firefighters and their journey over the years. Despite the raging fires, we stand in awe of the slow yet steady progress in the world of firefighting as it opened its doors to women.

Historical Milestones: From Molly Williams to Judy Brewer

From Molly Williams, held in slavery, bravely serving as a firefighter in the early-1800s, to Judy Brewer, the first full-time career female firefighter hired in the United States, women have slowly but surely carved a place in this profession. Today, the fire service in the United States boasts around 15,000 women serving as career firefighters and an additional 78,000 volunteers.

Current Landscape: Women in Firefighting Today

The Challenges Ahead: Addressing Gender Disparities in the Fire Service

However, there is much terrain yet to conquer. Women still only account for 4% of career firefighters and 11% of volunteers. We recognize the existing challenges and the necessity for further inclusion in the fire service workforce. But the story is not just about numbers.

The Impact of Discrimination: A Case Study of Rebecca Reynolds

Discrimination and harassment at least partially explain why women firefighters have only increased by 0.3% over the past 25 years. One example of such harassment is why The Kansas City Council’s finance committee is poised to approve a record $1.3 million settlement for firefighter Rebecca Reynolds, who alleges years of harassment from male colleagues due to her gender, sexual orientation, and age. Incidents included questioning her authority and an alleged act of a colleague urinating on her belongings. Reynolds plans to drop two pending discrimination lawsuits in exchange for the settlement, which represents the largest ever in a fire department discrimination case. The settlement follows the city’s history of addressing harassment claims, with recent settlements totaling $2.8 million in the past two years alone.

Progress and Change: Making Fire Departments More Inclusive

Celebrating Leadership: Women Breaking the Glass Ceiling in Firefighting

Over the years, laws and norms have changed to make fire departments more inclusive and family-friendly. Station designs have been reconsidered, grooming standards revisited, and there is an ongoing effort to make uniforms and Personal Protective Equipment more accessible for women. Women have broken the glass ceiling in leadership roles, leading large departments as chiefs, and serving in prestigious positions like the U.S. fire administrator and the superintendent of the National Fire Academy.

The Importance of Diversity in the Fire Service

We salute our women firefighters for their courage, resilience, and their contribution towards building a better, more inclusive fire service that celebrates diversity. Each step forward not only benefits women in the service but all firefighters, and the community they valiantly serve.

Looking Forward: Honoring Women Firefighters and Pushing for Equity

As women continue to strive for equality and inclusion within the firefighting profession, it is crucial to be aware of the resources and support systems available to them. Experiencing discrimination or harassment in the workplace can be daunting, but it is important to take action and seek the guidance of an experienced employment attorney. Legal professionals specializing in employment law can provide invaluable assistance, helping to navigate complex legal systems and ensuring that rights are protected. Taking this vital step not only serves the individuals affected but strengthens collective efforts toward a more inclusive, respectful, and equitable environment for all firefighters.

Let us remember, as the fires rage on, the progress we’ve made and the challenges yet to overcome. We stand with our women in firefighting, honoring their past, cherishing their present, and pushing for a more inclusive, equitable future.

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Absent Employer Policy Employees May Have Privacy Interest in Emails Over Employer’s Email System

Employees may have a right to privacy at work.

Absent Employer Policy Of Either Monitoring Individual Email Accounts Or Prohibiting Use Of The Company’s Email Account For Personal Communications, Employees May Have Privacy Interest In Emails Over Employer’s Email System

Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)

Shauneen Militello, Ann Lawrence Athey (Lawrence), and Rajesh Manek were the co-owners of Cannaco Research Corporation (CRC), a licensed manufacturer and distributor of cannabis products. All three individuals served as officers of CRC until Lawrence and Manek voted to remove Militello from her position. Militello sued Lawrence, Manek, and others, including Joel Athey, Lawrence’s husband, in a multicount complaint alleging causes of action for breach of contract, breach of fiduciary duty, fraud, and other torts.

Lawrence moved to disqualify Militello’s counsel, Spencer Hosie and Hosie Rice LLP, on the ground Militello had impermissibly downloaded from Lawrence’s CRC email account private communications between Lawrence and Athey, protected by the spousal communication privilege (Evid. Code, § 980), and provided them to her attorneys, who then used them in an attempt to obtain a receivership for CRC in a parallel proceeding. Militello opposed the motion, arguing in part Lawrence had no reasonable expectation her electronic communications with her husband were confidential because she knew Militello, as a director of CRC, had the right to review all communications on CRC’s corporate network. Militello also argued disqualification is not appropriate when a lawyer has received the adverse party’s privileged communications from his or her own client. The trial court granted the motion, finding that Militello had not carried her burden of establishing Lawrence had no reasonable expectation her communications with her husband would be private, and ordered the disqualification of Hosie and Hosie Rice.

The Court of Appeal affirmed the finding that Lawrence reasonably expected her communications were, and would remain, confidential. And while the Court of Appeal acknowledged that disqualification may not be an appropriate remedy when a client simply discusses with his or her lawyer improperly acquired privileged information, counsel’s knowing use of the opposing side’s privileged documents, however, obtained, is a ground for disqualification.

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SB 1162: Expanded Pay Data Reporting and Mandatory Pay Scale Disclosures

If you feel you were paid less because of gender, national origin, or race contact Helmer Friedman LLP.

Effective January 1, 2018, California’s Equal Pay Act prohibited employers, with one exception, from seeking applicants’ salary history information and required employers to supply pay scales upon the request of an applicant.

SB 1162 expands upon these pay transparency measures and counters workplace discrimination by requiring employers of 15 or more employees to: (i) include the pay scale for a position in any job posting; (ii) provide pay scale information to current employees and to applicants upon reasonable request; and (iii) maintain employee records, including job titles and wage rate histories, through the term of each employee’s employment and for 3 years after their employment has ended.

SB 1162 also expands covered employers’ pay data reporting obligations. Since 2021, California law has required private employers who have 100 or more employees and who must file a federal EEO-1 to file an annual pay data report with the California Civil Rights Department (formerly the California Department of Fair Employment and Housing) on or before March 31 of each year. SB 1162 broadens these obligations in several significant ways.

First, the bill expands who must file a pay data report so that all private employers with 100 or more employees will be required to file a pay data report regardless of whether they also must file a federal EEO-1, and private employers with 100 or more employees hired through labor contractors will be required to submit a separate pay data report regarding these contracted workers.

Second, in addition to demographic and pay band information, employers’ pay data reports will also need to identify, within each job category, the median and mean pay rate for each combination of race, ethnicity, and sex.

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SB 1126: CalSavers Retirement Planning Expansion

Age Discrimination lawyers in Los Angeles safeguard your rights to a workplace free from age discrimination.

 

SB1126 expands the CalSavers Retirement Savings Trust Act to define an “eligible employer” as a person or entity engaged in a business, industry, profession, trade or other enterprise in the State that has at least one eligible employee, excluding certain government entities and entities employing only their business owners. The Act previously covered only employers with 5 or more employees. Eligible employers must establish or participate in a payroll deposit retirement savings arrangement prescribed by the Act.

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Board of Directors of Bet Tzedek Legal Services

Gregory D. Helmer selected to Board of Directors of Bet Tzedek Legal Services



October 20, 2010 – Helmer Friedman is pleased to announce that Gregory D. Helmer has been selected to serve on the Board of Directors of Bet Tzedek (House of Justice) Legal Services Foundation. One of the nation’s premier legal services organizations since 1974, Bet Tzedek provides free assistance to more than 10,000 people of every racial and religious background in the Los Angeles area. Recently, Bet Tzedek’s employment rights project won a significant human trafficking case in which the victim, an Indonesian woman, was brought to the United States and forced to work without pay and under inhumane living conditions. In addition, Bet Tzedek’s Holocaust Survivors Justice Network has assisted survivors of the holocaust in seeking and obtaining reparations from the German Government.