Wage and Overtime Allegations Aimed at Korean BBQ Restaurant

A Korean BBQ restaurant in San Francisco is facing wage and overtime allegations from three former employees who filed suit citing wage theft, wrongful termination in retaliation for complaining about the company’s labor law violations. The lawsuit was filed against YakiniQ, Inc., the restaurant’s owner, Daeho Hwang, and the restaurant’s manager, Bruce Lee. The lawsuit was filed in San Francisco County Superior Court July 27th.  

The Plaintiffs: Michael An, Joshua Kim & Seung-Jae Yim

The plaintiffs who filed he wage and overtime lawsuit against the restaurant were servers at various times for YakiniQ. Termination dates vary, but fall between September and December 2015. All claim that their employer promised that they would be paid minimum wage plus tips that were left by customers of the restaurant.

The Defendant/s: YakiniQ, Inc., Daeho Hwang & Bruce Lee

Lee and YakiniQ are accused of withholding wages and keeping cash tips left by customers for themselves. The Defendants are also accused of regularly requiring their employees to work shifts that were longer than eight hours without providing overtime payment.

Employment law is in place to prevent employers from taking this type of action in order to “cut corners” when providing employees with their rightful wages.  

Activities included in the plaintiffs’ common duties:

·       Greeting customers

·       Seating customers

·       Taking orders from customers

·       Serving food and drinks to customers

·       Delivering bills to customers

·       Bussing tables

·       Cleaning the restaurant after close of day

Allegedly, the restaurant owner/manager prohibited the plaintiffs from taking their rest and meal breaks as required by law under California Labor Code. According to the lawsuit, when plaintiffs were allowed to eat, they were not relieved of job duties completely. They were required to respond to requests from both customers and their employer as needed even while eating. Servers were also, allegedly, financially penalized as a group for individual mistakes on the job. If one server forgot to include an item in a customer’s bill, the cost of the item was divided up amongst servers on the shift so the restaurant could avoid absorbing the cost. Michael An states that when he complained about the unlawful action on October 4th, 2015 he was fired.  Plaintiffs seek a jury trial and compensation for lost wages/unpaid overtime.

If you have questions regarding unpaid overtime or lost wages, please get in touch with one of the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

Yahoo Confirms 500 Million Accounts Stolen

In recent news, Yahoo confirmed that 500 million user accounts were stolen in late 2014. This one instance of data loss is said to constitute the largest cyber security breach in history. Yahoo has publicly stated that they believe that someone who was acting on behalf of the government was actually responsible for the data breach. They have gone so far as to describe the individual as being “state-sponsored.”

Quick Facts On the Yahoo Data Breach: Largest Cyber Security Breach in History

Data Involved in the Breach: Information accessed during the data breach include: names, email addresses, phone numbers, birthdates, partial passwords (referring to passwords presented while hashed and with bcrypt), as well as some security Q&As.

Data Believed NOT to be Involved in the Breach: Bank account numbers and credit card data are believed NOT to be included in the stolen information.

Yahoo Recommended User Response: Yahoo encouraged users to alter their passwords and security questions as well as review their accounts for any suspicious activity.

Yahoo advised the public that they would continue to work with law enforcement to address the data breach. Rumors of the large-scale data breach started circulating in August when a hacker (“Peace”) claimed to be selling data pulled from 200 million online Yahoo users. Previously Peace claimed to sell account information stolen from LinkedIn and MySpace. When rumors began to circulate, Yahoo claimed they were aware of the situation and were conducting an investigation. It turns out the situation was even worse than rumors indicated.

The hack is being described by experts as “massive” and is expected to have a ripple effect online for years. In response to this and other, similar, situations, U.S. Senator Richard Blumenthal is calling for tougher legislation to require companies to provide prompt notification to consumers in the event customer data is compromised.

For more information on customer database breaches and appropriate notification of breaches as required by law, please contact the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik. 

Sexual Harassment Lawsuit: Diocese of Stockton Begins a Legal Battle

In recent news, a lawsuit has been filed that alleges sexual harassment and retaliation by a pastor at the Roman Catholic Diocese of Stockton. The pastor accused was placed on administrative leave after the lawsuit was filed.

The sexual harassment lawsuit was filed in San Joaquin County Superior Court and makes allegations that Monsignor Lawrence McGovern sent photographs described as “sexually explicit” to the victim. The victim was a pool maintenance contractor. When the pool maintenance contractor reported the incident, McGovern terminated his employment.

Legal representation for the victim, who is to remain unidentified, describes the situation as a class case of sexual harassment and retaliation. He stated that Monsignor McGovern texted a graphic photograph to the victim and then terminated the victim’s employment after the incident of the “lewd” photo was reported to the police. The victim’s representation also noted that while this conduct is a clear violation of the law when engaged in by any employer, it is particularly disturbing as this employer was a member of the clergy. When the victim asked McGovern why he sent the photograph by stating, “I thought you were celibate, Monsignor,” McGovern allegedly replied, “Celibate means not married.”

The diocese oversees Catholic parishes in multiple counties: San Joaquin, Stanislaus, Calaveras and Tuolumne. The statement issued in response to the allegations was simply to announce that McGovern had been placed on administrative leave and that it was the first time they learned of employment related allegations against Monsignor McGovern, the Pastor of Presentation Parish in Stockton. It was also noted in the diocese’s statement that their decision to place Monsignor McGovern on administrative leave was in accordance with the Canon Law of the Church and that it was pending a full a complete investigation.

Over a period of 20 years, the diocese has paid $14 million in judgments, settlements and legal expenses in a variety of cases of clergy sexual abuse. In January 2014, the diocese filed for bankruptcy after paying out millions to settle years of child sex abuse lawsuits. McGovern served as vicar general of the diocese during a time when the diocese was inundated with sex abuse accusations and lawsuits. In fact, he served as a key witness in several cases against former priests Oliver O’Grady and Michael Kelly.

O’Grady served as the subject of a documentary entitled “Delivery Us From Evil.” He served time in prison for child molestation, was deported back to his native Ireland in 2001 and served more time there after being found with child pornography.

Kelly fled the states to his native Ireland in April 2012 after being found liable in a civil lawsuit of sexual abuse. The victim, Travis Trotter, was awarded a $3.75 million settlement. Kelly was later indicted by a grand jury on four counts of child sexual abuse prompting the judge to issue a $175,000 warrant for his arrest. He has not returned to face charges.

Monsignor McGovern stood as a witness for these men, denying any knowledge of sexual improprieties despite living with them for years and contrary to victim statements.

If you need to discuss potential sexual harassment charges or wrongful termination with an experienced employment law attorney in southern California, please get in touch with Blumenthal, Nordrehaug & Bhowmik as soon as possible. 

In-House Lawyer Lays Out Discrimination Claims Against Apple

A former in-house attorney at Apple, Inc. going by the name of “Jane Doe” to shield her identity has accused Apple of age discrimination, gender discrimination and wrongful termination – all in violation of California labor laws. The complaint was filed June 1st in Los Angeles Superior Court.

Jane Doe alleges that men were offered more flexible work schedules and that supervisors at Apple gave her conflicting directions that forced her into a “no-win” predicament. The case has been assigned to Los Angeles Superior Court Judge Michael Johnson. Jane Doe was hired by Apple as global product safety counsel in February of 2014. At the time she lived primarily in Los Angeles and worked out of affiliate offices in accordance with an arrangement her original supervisor approved. Within a few months, Jane Doe got a new boss, senior director of products law, Michael Miramontes, due to reorganization at Apple.

Miramontes (Defendant) allegedly asked Jane Doe (Plaintiff) to move her family to Northern California. After further discussion, he eventually agreed to allow Jane Doe to work from Los Angeles on Fridays. In comparison, plaintiff alleges that there were male attorneys in the same department with deals to work from Sunnyvale for only 2 days of the work week or working out of state one week a month, etc. Jane Doe also received reprimands on the job for not “flying to Korea” to handle a product safety issue. Based on this reprimand, Jane Doe later offered to visit a Chinese manufacturing facility to handle safety issues in connection to a line of Bluetooth speakers by Apple Beats Electronics unit. She was then criticized for offering – creating a “no-win” scenario for Jane Doe. She was fired in January.

Johnson has already denied a request by Apple to have the lawsuit moved to Santa Clara – where they may have been hoping for a more tech-friendly venue. Downtown L.A. has a reputation for being fairly realistic regarding work situations and the inequities that occur, especially when dealing with one of the most powerful companies in the modern world.

If you need to know more about wrongful termination or if you fear that you have been a victim of wrongful termination yourself, please get in touch with us as soon as possible. Blumenthal, Nordrehaug & Bhowmik is the home of southern California’s favorite employment law attorneys. We have the experience and the knowledge to take your case from start to finish. 

Alleged Hack: Fired Employee Sues SF State for $1M

Mignon Hofmann, a former information security officer at San Francisco State, filed a lawsuit claiming that she was fired by the university in an attempt to sweep a 2014 hack involving significant exposure of student records “under the rug.” The student records that were involved in the breach included both financial records and password reset functions. Hoffman claimed that while there had been minor cases during her time at the university, the alleged 2014 hack was the most severe case she had ever seen.

The suit was filed in January in San Francisco Superior Court. Hofmann accused San Francisco State and the Board of Trustees of California State University of both wrongful termination and whistleblower retaliation. According to court documents, Hofmann is seeking over $1 million in lost pension, lost earnings (past and future) and emotional distress.

While the University did confirm that there was a “security incident” and that “information that was publicly available was potentially accessed,” they denied that there was a breach of personal data claiming that as such, students were not notified and there is no cause for concern. Both the university and the Board of Trustees of CSU have issued a general denial of all allegations connected to the case.

Experts in the field acknowledged that situations in which IT professionals are fired to avoid breach disclosure as required by California state law do exist, but that it’s very difficult to determine or estimate how common the occurrence is because most are settled out of court in order to avoid the public discussion and entering of information on the public record.

In order to determine the validity of the case, the court will need to determine the extent of the breach and the information involved as both sides are making claims that vary widely from each other.

If you need to discuss California labor law or wrongful termination in more detail with an experienced southern California labor law attorney, please get in touch with Blumenthal, Nordrehaug & Bhowmik as soon as possible. 

Burns v. SDSU in Wrongful Termination Lawsuit

In recent news, Beth Burns, the former women’s basketball coach, took the stand in the trial for her wrongful termination lawsuit against San Diego State University (SDSU). Burns was the coach of the San Diego State women’s team prior to her abrupt termination in April 2013. She was advised not to speak about the incident publicly by her legal counsel so when she took the stand, many were waiting to hear what she had to say on the subject. She was the first witness in her wrongful termination lawsuit against SDSU.

In speaking to the jury of seven men and five women in the San Diego Superior Court, Burns stated her case for 45 minutes. Judge John Meyer, presiding, adjourned court for the day and scheduled Burns to take the stand again for further testimony the following Wednesday, at which point, the university’s attorneys would be able to take the opportunity to cross-examine (either Wednesday or Thursday).

By the time the trial is completed, it is expected that four weeks will have passed and dozens of witnesses will have had their say (including Elliot Hirshman, SDSU president, Jim Sterk, athletic director, and Steve Fisher, men’s basketball coach). Many expect that the rare glimpse the proceedings will provide into the goings on of a college athletic department may not be very flattering.

Burns was with SDSU for 16 years. She was the all-time “winningest” women’s basketball coach. At the time of her termination (April 2013), she had just completed a school record 27-win season with her team. Burns claims she was fired without cause (breach of contract) and whistleblower retaliation based on claims that she was seeking equal opportunities for the women’s basketball program at the time of her abrupt termination. When she was fired, Burns was in the first year of her five-year contract extension. She was being paid $220,000 annually (before bonuses). Due to her termination, she had to take a different job that resulted in a drastic decrease in pay. She now works on Cynthia Cooper-Dyke’s staff at USC making $150,000 per season.

Burns seeks $1.5 million in damages for breach of contract. She also seeks $3 million for the whistleblower retaliation and punitive damages.

According to the university’s legal counsel, Burns was unable to control her emotions and the University felt that none of its employees should have to go to work “concerned about being confronted by their out-of-control boss.” The conflicting views of the case presented by opposing counsel is predictable, but it will still be an interesting case to watch unfold.

If you need to discuss wrongful termination with an experienced southern California employment law attorney, get in touch with Blumenthal, Nordrehaug & Bhowmik. We can assist you in determining the appropriate legal action for your specific situation! 

San Gabriel Police Officers May Be Headed to the Supreme Court to Talk Benefits

In 2013, former San Gabriel Police Officer Danny Flores (joined by 14 other current and former officers) sued the city citing allegations of unfair calculations of overtime pay rates. After District and Federal courts ruled in favor of the police officers on the issue, they could be headed to the Supreme Court to discuss police benefits as the city looks to appeal.

In June 2016, the U.S. Ninth Circuit Court of Appeals ruled in favor of the current and former San Gabriel Police Officers who sued over the way the city factored their benefits program into their overtime pay. Regardless of the ruling, the city of San Gabriel announced they would keep fighting the allegations. The city filed a petition for a rehearing of the case, but the petition was denied. On June 21st, the City Council agreed that they would appeal to the Supreme Court. This is the final step on the judicial ladder. The Supreme Court has not yet decided if they will take up the case.

The Facts of the Matter: Flores v. City of San Gabriel

The officers cited the city’s cash-in-lieu-of-benefits provision as a violation of employment law. The provision states that the city of San Gabriel employees can collect pay rather than health benefits. For instance, a city employee who already has health benefits can receive additional pay instead of the benefits their city job offers. The officers argue that the additional pay was not factored in during the city’s overtime pay rate calculations and that doing so could result in $5-10 per hour differences for city employees.

The Ninth Circuit Court of Appeals decision written by Judge Andre Davis held that the City did not show that it attempted to comply with Fair Labor Standards Act, which left the plaintiffs eligible for liquidated damages.

If you need more information about the Fair Labor Standards Act or if you need to discuss overtime pay calculations that you suspect could be in violation of employment law, please get in touch with one of the experienced southern California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.