Mexican Farm Workers Strike: Demanding Overtime Pay, Breaks, Water and Healthcare

April 28, 2015 - The Associated Press states that the average farm worker will make between $8-10 for a full 10-hour day of labor. Supporting yourself on such an income is difficult. Supporting your family on such an income is close to impossible. The Baja, California Mexican farm workers strike involves fifty thousand. Their strike is an aggressive method of protesting low wages, poor living/working conditions as well as general right abuses.

As the Mexican farm workers and the growers attempt to come together to resolve the issue, millions in crops have rotted in the field as the two play tug of war over the operations/property. It has been reported that workers have been witnessed throwing rocks and burning tires as they attempt to increase the attention given to the alleged mistreatment of the workers who farm millions of dollars worth of produce including strawberries and tomatoes in Baja. While the dispute was escalating, workers on strike blocked the main north-south highway and the Transpeninsular Highway. It’s also notable that additional strikes are breaking out in the surrounding area.

Workers are on strike demanding overtime pay, health care, water, breaks and time off. They also seek an end of arbitrary firings, and other abuses including sexual abuse. Workers (who are typically paid $8-10 per day) are requesting an increase to $20/day for long days in the sun or hothouse.

The farmers are being urged to return to work before the destruction of the crops leads to a destruction of jobs. Many could be affected by the ripple effect this would have on the region’s economy. During the course of the strike, over 200 protestors have been arrested for various activities including: riots, vandalism, rock-throwing, etc. To protect themselves and their livelihoods, businesses have boarded up their windows. More than 1,000 police officers have been dispersed throughout Baja, California area to control the situation.

If you are looking for information on hostile workplace conditions, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.

Lawsuit Claiming Bias in Firing: Former Athletic Director vs. St. Francis

April 27, 2015 -Sacramento native, Kolleen “Koko” McNamee was recently banished from the St. Francis Catholic High School campus. Prior to her banishment, she was the athletic director. The school was her alma mater (as well as that of her three sisters and her aunt). She spent 11 years as the schools athletic director. She even had plans for her own three daughters to attend her beloved alma mater. She was a very unlikely candidate for banishment. 

McNamee was fired from her position as athletic director in August of 2012. A guard watched as she packed her few belongings and then she was escorted off campus. Later that year McNamee sued the Roman Catholic Diocese of Sacramento (the school’s owner), two former administrators, and one administrator still actively involved at the school. In her suit, McNamee claims she was subjected to gender discrimination as well as defamation and workplace retaliation. She filed suit in order to obtain monetary damages of an unspecified amount.

The diocese requested the lawsuit be thrown out. Federal Judge Morrison C. England, Jr rejected the request. As is the case in many such cases, there are multiple characters and numerous stories and details that can make determining what actually happened difficult. McNamee claims that she saw “ugly” behavior from the varsity basketball coach at the games. When she reported the behavior as inappropriate, is escalated into her being fired and banned from campus. The varsity basketball coach, Vic Pitton, still works at the school.

Pitton denies claims that he has been seen as exhibiting negative behavior, but his story conflicts with not only McNamee, but also the school’s principal who said that he was “removed” from his position because his behavior was contrary to how she wanted the school to be perceived. She described his behavior as volatile and mentioned that he would go into rages during the games, yell at the referees, etc. Other documentation supports this information from another leader at the school: Vice Principal Urhammer.

For more information on bias in firing, retaliation and other discrimination in the workplace, contact your southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik.

Protection for Transgender Inmates: Elton John calls the Issue to the Public’s Attention

April 24, 2015 -Claims that a transgender woman was mistreated at a Georgia prison inspired Elton John to call for equal rights for transgender inmates. In a recently released statement, John stated that transgender women housed in male prisons should be afforded the equal right to protection from violence and abuse while in prison, but that they somehow continue to be put in situations where they must endure horrific injustices.

The Justice Department responded to the situation by assuring the public that prison officials must approach inmate gender identity condition the same as they would any other medical or mental health condition. Attention was brought to the subject after a lawsuit was filed by the Southern Poverty Law Center in February against Georgia Department of Corrections officials. The suit was on behalf of a transgender woman named Ashley Diamond. 

In the February lawsuit, it is alleged that prison officials did not maintain proper treatment for Ashley Diamond, a 36-year-old prisoner with gender dysphoria. Allegations were made that Diamond was forced to go without hormone treatment for three years, that her body suffered as a result of the halted hormone treatments, and that she was both sexually assaulted and ridiculed as a result of her situation while in prison.

Elton John, founder of the Elton John AIDS Foundation, stated that in many cases, assaults such as those that Diamond suffered go unreported because the perpetrators are prison guards, wardens or other staff members. It sends a horrible message that violence and discriminatory behavior is not only allowed, but also sanctioned by the prison system when in relation to trans people.

A judge ordered California’s corrections department to make sex-reassignment surgery available to a transgender inmate. This is the first time such an operation has been ordered by the state of California.

For additional information on transgender discriminatory behavior, contact the southern California discrimination attorneys at Blumenthal, Nordrehaug & Bhowmik.

California Class Action Lawsuits Over BYOD (Bring Your Own Device) Expense Reimbursement

April 23, 2015 - Some are expecting a wave of California employee class action lawsuits to show up any day with demands for expense reimbursement in relation to BYOD (Bring Your Own Device) policies. Last year a California court ruled that when employees use their personal mobile phone for work (resulting in phone call charges), they must be reimbursed by their employer.

The ruled that when California employees have to use their personal mobile phones for work related purposes, California law (Labor Code section 2802) requires that employers provide reimbursement. The specifics of the employees cell phone plan (unlimited minutes vs. limited minutes) shouldn’t change their right for reimbursement, but reimbursement for BYOD policies should be a reasonable percentage of their total cell phone service bill.

Based on the decision in Araiza v. The Scotts Company, LLC, in which plaintiffs demanding reimbursement for employee business expenses, other employees are starting to file class action lawsuits in California courts seeking similar reimbursement. This isn’t the first time a class action lawsuit has been filed in an attempt to obtain reimbursement for like expenses, but this decision has California employers studying their policies and California workers considering the legality of their own employer’s Bring Your Own Device policies. 

This trial could set in motion a new trend in class action lawsuits. The BYOD discussion lends itself to a number of devices – some are even pointing towards home WiFi. Almost everyone has WiFi in his or her home, but many use it to access their corporate network after hours or simply out of office. Those who see this as an issue limited to California should consider that other states have similar wording and language in their state labor laws. A lot depends on the ruling in this case, but even if it doesn’t end in the plaintiffs’ favor in California, it’s likely that someone else will use what they learned from watching the case play out in California and file a similar suit in another area.

If you are unsure whether or not you should be eligible for a BYOD expense reimbursement from your employer, contact the southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Class Action Suit Against DirecTV: Justices Will Need to Decide Whether Customer Agreements Require Court

April 22, 2015 - The Supreme Court took up a class-action lawsuit against DirecTV. The suit was brought in California and calls into question early termination fees for customers who end their service prior to the agreed upon period. In brief order, the justices stated that they would need to come to a decision regarding whether or not the customer agreements between the company and their customers require private arbitration or a group lawsuit/court proceedings. They are determining how best to obtain a resolution to the dispute.

Plaintiffs would prefer a group lawsuit as they feel that conducting private arbitration behind closed doors would leave them at a disadvantage. Plaintiff counsel claims private arbitration is stacked in favor of the companies while businesses claim the process is an effective means by which litigation costs can be controlled and customer disputes can be resolved more efficiently.

In a string of cases, the Supreme Court has held that Congress sought to encourage arbitration in passing the Federal Arbitration Act.

DirecTV’s customer contract contains a clause that a California state appeals court stated made the arbitration clause unenforceable, but the Ninth U.S. Circuit Court of Appeals in San Francisco allowed that federal arbitration law enables DirecTV to move the dispute into arbitration.

The case will be heard in the fall of 2015.

For more information on the latest news on southern California class action lawsuits, visit Blumenthal, Nordrehaug & Bhowmik often. For answers to your questions regarding southern California law and filing a class action lawsuit, contact one of our experts today. 

US Class Action over Children’s Online Facebook Purchases

April 21, 2015 - Facebook, Inc. faces a nationwide class action lawsuit that seeks refunds for purchases children made on Facebook social media company’s website without parental permission. San Jose, California’s U.S. District Judge Beth Labson Freeman said plaintiffs numbering in the hundreds of thousands should press their claim against Facebook to change their online policy regarding purchases by minors.

The judge also stated that plaintiffs would need to seek individual refunds because any refunds would differ for each case making it impossible to seek group compensation/refunds under U.S. Supreme Court precedent. A trial date was set for October 19^th.

Facebook responded to the lawsuit stating that they think the case lacks merit. They will be defending themselves wholeheartedly.

According to details outlined in the 2012 lawsuit against Facebook, the social media site allows minors to use their parents’ credit cards to purchase Facebook Credits (online, virtual currency). When parents complained about the purchases made without their permission, Facebook declined their requests for refunds pointing towards their “all sales are final” policy. The suit claims that this response violates California law. Judge Freeman stated that state law offers protection for parents as children sometimes have a lack of judgment when it comes to purchases. Facebook responds that plaintiff claims are too disparate – that they won’t be addressed by an injunction.

The Facebook Credits previously mentioned were discontinued in 2013. The new system in place is called Facebook Payments. The lawsuit was brought by a set of parents and their children. Many wait to see how the case will end and wonder if there will be a possibility that it will set a precedent regarding the treatment of “minor” members of social media sites.

For additional information on becoming a class member or what warrants a class action lawsuit, contact the experts at southern California’s 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.