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LAW FIRM REVIEWS

 

“Class Counsel displayed skills beyond those that might be expected of attorneys of comparable expertise or experience.”

- Honorable Jeffrey Hamilton, Jr.

 

“The stipulated class has been adequately represented by competent class counsel from the law firm of Blumenthal, Nordrehaug & Bhowmik.”

- Honorable Nancy W. Stock

 

“Class counsel has extensive experience in class action matters.”

- Honorable Irma E. Gonzalez

 

“If You Feel You’re Being Cheated By You’re Current Or Former  Employer This Is Law Firm For You. I Submitted An Email Too There Website  And Within A Few Short Hours I Got A Response… Its Nice To Know In Theses Troubling Times There’s A Law Firm Like Blumenthal Nordrehaug & Bhowmik That Will Stick Up For The Rights Of The Blue Collar Worker. Thanks Again ”

 

- David LaRue

 

“My experience dealing with Blumenthal, Nordrehaug & Bhowmik was fantastic. They understood the nature of my complaint, they had experience in dealing with similar cases and were extremely helpful and quick to respond throughout the process. I would not have wanted to go through this without having someone like AJ Bhowmik on my side.”

 

- Former Client DWalsh

 

“When I first emailed Blumenthal, Nordrehaug and Bhowmik, I did not expect a response that same day… They have been extremely responsive to my complaint and is moving forward in a timely manner.”

 

- Former Client MartinH

 

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PPC LANDING PAGES
Wednesday
Nov192014

The National Labor Relations Act of 1935 vs. Your Boss’s Request to Never Disclose Your Salary

It goes without saying that your boss doesn’t want you to talk about your pay with your co-workers. Why does it go without saying? Because…they’ve probably said it. The majority of American workers from fast food workers to administrative assistants to dental hygienists have been advised by their superiors/employers not to discuss their pay with their co-workers. It’s so commonplace that when employers make the request most workers don’t bat an eyelash or question the validity of their employer’s right to make such a demand.

If you consider this request in terms of employment law, any time an employer requests or demands that you keep your pay rate or salary a secret from your co-workers they are breaking the law. 

According to the National Labor Relations Act of 1935 (NLRA), all workers are provided the right to exhibit “concerted activity for mutual aid or protection” as well as to “organize to negotiate with [employers regarding their] wages, hours, and other terms and conditions of employment.” In six states, the law goes further and actually states that workers retain the right to discuss their payment rate.

Employers insisting that you not discuss your pay rate with co-workers are in violation of the law, regardless of whether the request/demand/threat was made verbally or in writing and regardless of what the consequences are of ignoring the often unspoken rule. Sometimes it results in firing, but sometimes consequences are more subtle, i.e. a cold shoulder from supervisors/management.

Gag rules are currently thriving in the American workplace. According to a recent study by the Women’s Policy Research, approximately 50% of the American workforce (across all industries) is not to discuss their pay with their co-workers (either explicitly prohibited or strongly discouraged). The percentage is higher in the private sector (closer to 61%). Gag rules violate fundamental labor rights and create workplace environments that support discriminatory pay structures. Reforms are necessary.

President Obama did recently sign two executive actions that address transparency and accountability in the workplace. These will assist those who work for federally contracted employers, but others are currently on their own. Another bill, the Paycheck Fairness Act, would address the situation for the rest of America’s workers, but it has not yet been passed.

If you have questions regarding the gag rule and wrongful termination, please contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Monday
Nov172014

Wrongful Termination Court Case Against the Children’s Hospital of Central California

October saw a victory for plaintiffs who filed a wrongful termination case against the Children’s Hospital of Central California. Children’s Hospital of Central California is a pediatric hospital that can be found just north of Fresno in California. 

This particular case was based upon a long standing 18-year old employee of the Children’s Hospital of Central California who was improperly drug tested on his day off; which was eventually found to be in violation of the employee’s constitutional right to privacy.

In the state of California, drug testing of current employees is subject to a more stringent analysis by the legal system in comparison to pre-employment drug testing. Employers who drug test current employees must identify a compelling reason that supports their decision to drug test, i.e. a reasonable belief that an employee was intoxicated on the job. This type of situation would strengthen the argument that drug testing the employee was a reasonable action.

Testing an employee during their off-duty hours is seen as particularly invasive and is more likely to be found as invasive by the courts.

It would seem that juries support the courts general opinion on the matter as the jury made its decision on this case on October 16, 2014 after both sides presented their arguments. They found that the employee’s privacy had been violated and that this violation of his rights had resulted in his wrongful termination, which is in violation of California employment law. As a result the plaintiff was awarded $1,035,000.00.

If you feel you are being bullied or mistreated by your employer, please get in touch with one of the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik today.