Riot Games Agrees to Pay $10M to Female Employees Due to Discrimination Claims

Video game company, Riot Games, recently agreed to pay $10 million to settle a gender discrimination lawsuit. Women employed at Riot Games over the last five years were included in the class. 

The gender discrimination class action began with plaintiffs Gabriella Downie, and Jessica Negron filed suit against the company. The plaintiffs claim that Riot Games employed business practices that violated labor law.

Riot Games is Accused of Several Employment Law Violations: 

According to the lawsuit filed by Downie and Negron, the video game company violated numerous employment laws and standards. 

• Paying female employees less than male employees in similar positions at the company. 

• Assigning women lower-paying positions at the company, even when they are equally as qualified as men assigned to higher-paying jobs. 

• Promoting men in similar job positions and with comparable qualifications more often than their female co-workers. 

• Assigning or demoting female employees to lower-paid positions in comparison to similarly situated men at the company (even when the women’s qualifications were equal to or greater than the men receiving promotions).

• Creating, sustaining, and even promoting a hostile work environment where female employees were exposed to harassment, discrimination, and retaliation based on their gender. 

The plaintiffs brought causes of action for violations of the Equal pay Act and the Fair Employment and Housing Act, referencing several specific employment law violations, including unequal pay, retaliation, discrimination, and harassment. 

Reaching a Settlement with Riot Games: 

The suit resulted in intense negotiations. The negotiations included several days of mediation, after which the parties were able to reach a settlement agreement resolving all claims. The settlement agreement was reached on November 14, 2019. The settlement attempted to strike a balance between the risk of continued litigation and fair compensation. According to the terms of the agreement, no class member will receive less than $500, with the majority of class members receiving a minimum of $5,000.

If you need to discuss discrimination in the workplace or if you need to file a discrimination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Delta Facing Age Discrimination Lawsuit

Former Delta Airlines flight attendant, Ida Gomez Llanos, 79 years old, filed a wrongful termination lawsuit alleging age discrimination after she was fired (Gomez Llanos v. Delta Air Lines, Inc.). 

Gomez filed the wrongful termination lawsuit on November 15, 2019, in California Superior Court. Gomez claims she started work as a flight attendant for Delta in November 1962. Additionally, Gomez claims the airline terminated her employment on June 6, 2019.

Delta Faces Employment Law Violation Allegations:

According to the lawsuit, Gomez Llanos faced both age discrimination and a hostile work environment at Delta Airlines.

Gomez Llanos was allegedly fired following numerous allegations: 1) that she stole company-owned items from one of the Delta aircraft for her personal use, 2) spiked her coffee with alcohol, and 3) failed to fill her assigned position on the job (specifically paying another flight attendant to cover her shift on an international flight). Gomez Llanos was the company’s most senior flight attendant; as such, other employees resented the privileges and salary that the seniority granted. Other employees allegedly voiced their resentment by lodging official complaints to management.

Did Delta Welcome Complaints Against Senior Employees Like Gomez Llanos?

Gomez Llanos also alleged in the lawsuit that Delta welcomed any complaints against senior employees as it supported their efforts to get rid of their most senior flight attendants. By welcoming any criticism of their oldest employees, they could justify the eventual termination of their employment.

According to the lawsuit, Gomez Llanos went above and beyond in her job as Delta flight attendant. She claims she continued to receive commendations and awards from the airline for her exemplary behavior throughout her years of service. The plaintiff’s legal counsel intends to hold the airline responsible for their intolerable actions and alleged discrimination, retaliation, and harassment violations.

Delta’s Response to the Age Discrimination Allegation:

Delta’s spokesperson insists that the airline stands by its decision to terminate Gomez Llanos’ employment. The airline claims that when company policy is identified as violating employment law or when inappropriate conduct is reported, the airline conducts a thorough investigation and determines the most appropriate response. The airline considers several factors, including overall performance and length of employment. 

If you need to file an age discrimination lawsuit or if you need to discuss other employment law violations, don’t hesitate to get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago. 

The Number of California Small Businesses Facing Employment-Related Claims Continues to Increase

Large corporations frequently face allegations of discrimination, retaliation, and wrongful termination, but these employment law claims are not unique to large corporations. The headlines are full of discrimination lawsuits against big names like Coca-Cola, Wal-Mart, and Ford and the associated multi-million dollar settlements. Yet under California state law protections, workers at smaller, California businesses can file suit alleging employment law violations. Many of these small business lawsuits are filed against dental practices. 

More California Workers Employed at Small Businesses Are Alleging Employment Law Violations:

 California workers enjoy protections under state law, and they are turning to these protections more and more often. In 2017, California ranked 3rd in the nation for employment lawsuit risk to small to medium-sized businesses specifically (Hiscox “Guide to Employee Lawsuits”). The Hiscox publication pulled data from both national and state agencies. So, according to the data, smaller California businesses faced a 46% chance of facing an employment law allegation compared to the significantly lower 10% national average.

Any business with at least one employee runs the risk of facing an employment law allegation or a wrongful employment claim.

Do Dental Practices Face a Higher Risk of Employment Law Violation Allegations?

The Dentists Insurance Company (TDIC) recorded 82 employment law-related claims in 2018. This number is up from the 66 employment law-related claims received in 2017. Experts attribute the increase to the growing number of legislative actions designed to protect employees from workplace discrimination and harassment. Additionally, changing legal views and interpretation of wrongful termination and the increasing number of employees seeking justice and retribution through legal measures add to the overall rising claims trend.

Employment Law Violations & California Small Businesses:

Large corporations generally survive costly litigation. However, the same is not true of California's small businesses. A small business facing a lawsuit can be quickly overwhelmed. A lawsuit alleging employment violations may ruin a small business entirely by draining them of both financial resources and employee morale.

One type of “small business” that faces this danger is dental practices. Most dental practices do not have general counsel on staff. Additionally, many do not have a human resources department to manage claims. The time investment to address allegations of employment law violations can take a toll on the dentist and create the potential for decreased quality of care. The average employment law violation claim (according to the 2017 Hiscox report) requires 318 days to resolve with an average settlement of $160,000.

If you need to discuss employment law violations or if you need to file an employment lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

California Caterers Sue LA Airport for Unpaid Overtime

Caterers working at Los Angeles International Airport airlines filed suit against Sky Chefs in December 2019. The California workers claim they are owed hundreds of thousands of dollars in unpaid overtime.  Sky Chef workers allege they were shortchanged wages earned from January 1, 2019, throughout the entire year. The plaintiffs seek class-action certification. Sky Chef responded by advising those seeking information that they do not comment on pending litigation.

The employees filing suit claim that Sky Chefs uses a standard practice to calculate overtime for workers at LAX that bases overtime pay rates on a wage below the legally required minimum wage. The practice is described as “systematic, widespread, and flagrant” in the lawsuit. If the allegations are true, the employment law violations were both widespread and flagrant.

Examples of Alleged Employment Law Violations:

One plaintiff included in the lawsuit alleges that Sky Chefs failed to provide him full payment for overtime, underpaying him by $3.74 per hour for all overtime hours worked. The plaintiffs’ legal counsel estimates the number of affected Sky Chefs employees to be between 500 and 900 workers assigned to various facilities adjacent to LAX. Plaintiffs seek damages equal to their underpaid overtime hours plus interest, attorney’s fees, and costs. It is estimated to total at least a few million dollars.

The California Overtime Lawsuit Follows Living Wage and Affordable Health Care Protest:

The Sky Chefs California overtime lawsuit followed the protest staged by Sky Chef workers the month prior at the Los Angeles airport. The protest called for a living wage and affordable health care.

If you need to discuss how to file an overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago. 

California Workers File a Class Action Lawsuit Against Cannabis Companies

Casey Denning and Natalia Cole filed a California lawsuit suing Cannabis harvesting company Loud Buddha LLC and Pura Cali Management Corp, a cultivation contractor associated with Loud Buddha. The companies allegedly violated provisions of the FLSA (Fair Labor Standards Act) and California labor law. According to the lawsuit, the companies forced workers to work long hours in an oppressive workplace with no overtime pay or meal breaks. They also allegedly failed to provide accurate wage statements. The plaintiffs filed on their own behalf as well as others in similarly situated positions with the cannabis companies.

According to Plaintiffs: Workers’ Duties Were Dangerous & Included:

• Cultivating marijuana plants

• Harvesting marijuana plants

• Bucking marijuana plants (removing buds and stems)

• Hanging marijuana plants

• Placing marijuana plants in large commercial freezers to be transported

According to the lawsuit, over 50 workers completed these job duties to total multiple tons of cannabis each year from the Pura Cali marijuana farm.

The Complaint Against Loud Buddha & Pura Cali: What Were the Alleged Violations?

1. Employees forced to work 12-hour days every day of the week.

2. Workers were expected to stay on the job site in a remote location, sleeping on cots. Workers were threatened with discipline if they failed to comply.

3. Employers failed to keep track of workers’ time accurately.

4. Employers failed to provide required meal breaks and rest breaks.

5. Workers were not reimbursed for work expenses (i.e., meals, travel, etc.)

6. Employers allegedly failed to provide overtime pay, paying workers $15/hour in cash.

7. Time records kept by the employer were allegedly unreliable and inaccurate – depriving workers of earned wages and failing to comply with FLSA record-keeping requirements.

Workers employed by the cannabis company are often referred to as “trimmigrants.” The trimmigrants are typically young and often undocumented seasonal workers. The abusive, arguably dangerous conditions endured by the trimmigrants working in Northern California’s Emerald Triangle have been going on for years. The chronicles of their situation include tales of murder, sexual assault, and disappearances.

If you have questions about how to identify employment law violations or if you need to file a California class-action lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

The Fight Over California’s Gig Economy Law Escalates: Drivers Sue Uber for Back Pay

A group of Uber drivers recently filed a class-action lawsuit. The lawsuit filed against Uber at the end of 2019 seeks retroactive pay, benefits, and overtime for Uber drivers. Pay, benefits, and overtime would be retroactive to April 2018, the time at which the Dynamex ruling was issued by the California Supreme Court that set new standards for when companies are expected to provide benefits to workers.

Uber Drivers Alleged Violations of Labor Law:

The lawsuit was filed in the U.S. District Court for the Northern District of California. In the suit, plaintiffs argue that Uber improperly classifies drivers as independent contractors instead of employees with access to employee benefits and employee protections. The legislation was signed by Gov. Gavin Newsom in September 2019 and codified the Supreme Court ruling into law. Assembly Bill 5 creates an ABC test for contractor-employee distinction based on three factors.

Uber Claims Their Practices Do Not Violate Labor Law:

When asked for a comment on the suit, Uber did not immediately respond, but later stated that they do not plan to make changes to their practices to comply with the law because they maintain their driver classifications are correct. Together with other gig economy powerhouses (Lyft, Doordash, etc.) Uber is also floating a ballot measure that could allow them to continue the practice of classifying drivers as independent contractors.

The suit names three dozen Uber drivers as representatives for current and former Uber employees. Class size is an estimated 50,000 to 75,000 drivers that opted out of arbitration clauses. The plaintiffs claim that drivers should be classified as employees and be eligible for minimum wage, overtime pay, mileage reimbursement, cell phone usage, and additional reimbursement for expenses.

AB 5 Increases Misclassification Lawsuits:

With AB 5 taking effect as of January 1, 2020, more lawsuits are expected throughout the year as workers learn about their newly granted rights. Assemblywoman Lorena Gonzalez, D-San Diego, championed AB 5 and also encouraged California attorneys to file lawsuits over misclassified employees.

In response to the drivers’ fight against the gig economy’s practice of classifying them as independent contractors, two other groups have sued in a challenge to the legal claims insisting that it would dramatically decrease their ability to earn a living.

If you need to talk to someone about misclassification or if you need to file a misclassification lawsuit, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

New California Labor Laws: Are Changes Coming to Your Workplace?

Are new California labor laws bringing changes to your workplace? Have you already seen the new laws take effect at your place of employment? 2020 is said to be a year of reckoning for California businesses with sweeping new California labor laws going into effect to curb longtime employment practices that generate economic inequality and keep the power in the hands of employers.  

Many California companies will be forced to reclassify hundreds of thousands of independent contractors as employees in 2020. Doing so will leave the workers with access to broad labor law protections. Another new California labor law should prevent employers from forcing workers to sign closed-door arbitration proceedings to protect the employer from potentially expensive lawsuits and court proceedings. 

Other notable employment law changes California workplaces will need to embrace in 2020 include: 

A law requiring employers to offer workers a place for mothers to pump breast milk (other than.a bathroom). 

A law designed to make it easier for first responders to obtain workers’ compensation for post-traumatic stress disorder (PTSD). 

A statute banning discrimination in the workplace based on a hairstyle. For example, Afros, dreadlocks, cornrows, etc. 

A statute that grants organ donors additional guaranteed leave. 

An extension of whistleblower rights and protections to patient rights advocates assigned to county mental health centers. 

The changes to California’s employment law intend to improve job quality for the state’s workforce by addressing day-to-day issues on the job. Look for additional changes to California’s minimum wage law, corporate diversity, and discrimination labor law standards. California leads the way in labor law and is working to prevent employers from going around the set standard.

If you have questions about California labor law violations or how new changes to California labor law may affect you, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.