Current and Former Carta Financial Tech Company Workers Allege Workplace Retaliation

Financial tech start-up company, Carta, intended to transform the way workers get paid. The company believed working for a paycheck was an evolution of indentured servitude and serfdom that needed to change. Carta believed the next evolution was employees owning a stake in their companies – they wanted to create more “owners.” 

Do What I Say Not What I Do: Did Carta Actually Treat Employees Like “Owners”?

While Carta openly declared their “ownership for all” theory, its standard operating procedures didn’t seem to reflect the published mission. The company allegedly acted inequitably to a large number of their 838 employees. Current and former employees of the hot Silicon Valley company say that if they spoke up about workplace problems, they were belittled, excluded, and disciplined. The experience was nothing short of workplace retaliation.

Workplace Retaliation: Employees Who Complain See Negative Response

When an employee voices a concern about the workplace or their job environment, some employers respond negatively. Carta employees claim the company responded by making the employee who spoke up feel like they were at fault for their own mistreatment. Speaking up at Carta allegedly resulted in being sidelined, demoted or passed over for deserved promotions, or even seeing a cut in hours or pay cut. One woman was fired after she had an emotional outburst in a meeting. Another woman was pushed out of the company after she voiced regulatory concerns. 

Former Carta Fintech Workers Push Back: 

Some of the former Carta employees are pushing back. Three different former employees sued Carta in the last year alleging wrongful termination, one of which was the former top operations executive. Last month, a former Carta marketing executive, Emily Kramer, sued Carta alleging gender pay discrimination and retaliation. According to Ms. Kramer’s lawsuit (and other other lawsuits), Mr. Ward set the tone at the company by denigrating employees and being dismissive of valid concerns. Ward’s blunt management style generated loyalty with some, but alienated others.  

Carta’s Workplace Experience Directly at Odds with Their Public Crusade Seeking Fairness for Workers

The group of current and former Carta employees involved in the lawsuit insist that the workplace they experienced at Carta was directly opposed to the fintech start-up’s crusade seeking fairness for workers and more equality in the workplace for women. Mr. Ward founded the Palo Alto, California start-up, Carta, in 2012 (initially calling the company eShares). Carta software is used by many investors, start-ups, and employees to manage, issue and value their equity with Carta receiving a fee for the use of the valuation systems. 

If you need to discuss workplace discrimination or if you need to file a wrongful termination 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 Simpsons’ Composer’s Discrimination Lawsuit Moves Forward

The Simpsons is preparing to reach new audiences on Disney+, but that’s not the only news the long-running Fox show is generating. Legal tensions between the show’s producers and the show’s longtime composer, Alf Clausen, are also drawing attention. 

Simpsons Composer Files Discrimination Lawsuit Against Popular Fox Show:

LA County Judge Michael L. Stern issued an order allowing The Simpsons composer to move forward with his discrimination lawsuit against the show’s producers. 

Hollywood Music Giant Files Discrimination Suit Against The Simpsons Producers:

Alf Clausen, the 79-year-old Hollywood music giant, handled the music for the popular Fox show from 1990 until he was fired in 2017. Clausen won two Emmys and is the most nominated composer in Emmy history with a record 23 Emmy nominations during his career. Before his work on The Simpsons, Clausen composed for a number of different tv shows: The Donny & Marie Show, The Mary Tyler Moore Hour, Little House on the Prairie, Fame, and Moonlighting. He also worked on a number of successful feature films like Weird Science, Ferris Bueller’s Day Off, The Naked Gun, and Mr. Mom. 

Identifying the Cause of Termination: Why Was Clausen Fired? 

The litigation regarding Clausen’s termination is based on why he was fired. Clausen claims wrongful termination based on age discrimination and disability discrimination (he’s diagnosed with Parkinson’s disease) in his lawsuit. Clausen also claims he is the victim of intentional infliction of emotional distress. In contrast, The Simpsons producers claim that their decision to fire Clausen was not related to his age or disability. They claim they fired Clausen because of deficiencies as a composer. The defendants insist that Clausen was delegating composition to his team inappropriately. They also claim he wasn’t able to capture their vision for certain types of music. 

Moving to Strike the Complaint at an Early Phase of Litigation:  

The defendants, Fox, Disney+, etc. argued that the lawsuit was Clausen’s frivolous attempt to infringe on their right to free speech. As such, they argued that they had a statutory right under California’s Anti-SLAPP statute to move to strike at an early phase of litigation. Judge Stern considered the defendant’s argument and found that the plaintiff, Clausen, met his burden of proof for disability discrimination and wrongful termination claims, but not for age discrimination or intentional infliction of emotional distress claims. In doing so, Judge Stern allowed Clausen’s case to move forward to the discovery process. 

If you need to talk about employment law violations, or if you need to file a California wrongful termination lawsuit, we can help. Get in contact 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.

Are California Employers Retaliating Against Low Wage Workers Insisting on Covid-19 Safety Accommodations?

In June, a California employee at a Boyle Heights McDonalds location, Lizzet Aguilar, went on a four-day strike demanding that the company provide workers with appropriate protective equipment and put social distancing regulations in place at the fast-food restaurant to help fight the spread of coronavirus. Aguilar’s supervisor allegedly responded harshly, escalating adverse treatment towards her after the strike, and insisting that she work faster while telling her co-workers not to assist her.

Are California Employers Retaliating Against Workers Concerned About Covid-19 Safety?

Aguilar claims that her supervisor was tougher on her after she demanded changes for Covid-19 safety. According to Aquilar, the supervisor was stricter and yelled at her more on the job. The surge in California coronavirus cases fueled by the reopening had many California businesses escalating their safety protocol, implementing stricter social distancing measures, etc. However, other California employers failed to respond actively. While public health officials state that making workplaces safer is an essential element to slow the spread of coronavirus, many low wage workers are not voicing safety concerns in fear of workplace retaliation.

Essential Workers and Low Wage Workers Worry About Their Jobs

The pandemic is taking its toll on California’s essential workers. A significant number of California’s essential workers working in factories, retail establishments, hotels, hospitals, or agricultural fields throughout the state are wary of voicing Covid-19 safety concerns. Some fear voicing their concerns because they are in the country illegally and don’t qualify for unemployment benefits. If they lose their job, they may not find another. When working for a California employer who doesn’t provide proper protections, they’re forced to choose between risking their job security or risking their health and safety.

California Labor Law Protects Against Workplace Retaliation:

California law protects workers from retaliation in response to voicing safety concerns or refusing to engage in work that could be hazardous. Suppose a California employee is targeted by their employer or a supervisor on the job because they voice safety concerns. In that case, they should contact a California employment law attorney as soon as possible. Many companies are already facing legal action for failing to enforce mandates on masks and physical distancing to slow the spread of Covid-19, and experts believe that only a fraction of the claims have been filed. Many of the workers who already filed complaints are essential workers – some undocumented workers.

If you need to discuss how to file a workplace retaliation lawsuit or if you have questions about identifying California Labor Law violations, 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.

Café Rio Allegedly Violates PAGA: Failed to Provide Meal and Rest Periods

San Bernardino's Blumenthal Nordrehaug Bhowmik DeBlouw LLP filed a class-action lawsuit against a popular restaurant, Café Rio, Inc. The class action alleges that Café Rio violated PAGA (Private Attorney General Act) and failed to accurately calculate and pay California employees' overtime as required by law. The Café Rio class action lawsuit (Case No. CIVDS2011822) is pending in San Bernardino County Superior Court claiming the company did not provide employees with mandatory meal and rest periods.  

Café Rio Class Action: Case No. CIVDS2011822

According to the plaintiff in Case No. CIVDS2011822, off the clock meal breaks and rest periods were consistently interrupted by work assignments. As a result of being forced to complete work off the clock, the plaintiff and other Café Rio employees were shorted pay. The inaccurate recording of hours worked resulted in employees regularly working without compensation at the legally required minimum wage and overtime wage rates. According to California state law, employees must be paid overtime and meal period premium wages at 1.5x the employee's regular pay rate.

Café Rio Allegedly Violated Numerous Employment Law Regulations:  

1. Requiring Employees to Work During Unpaid Breaks: This is often referred to as 'off the clock' work because employees work while they are clocked out or not being paid to work. These seemingly inconsequential moments of working during break periods can add up to hours of unpaid work. 

2. Inaccurate Wage Statements: Requiring employees to work during unpaid breaks means their time spent working is not recorded accurately as required by law. 

3. Violating Minimum Wage Requirements: By not paying employees for some of the time the work, many companies end up providing their employees with hourly wages that fall below the minimum wage requirements, which violates labor law. 

4. Violating Overtime Pay Requirements: By basing overtime pay calculations on inaccurate records of hours worked, many employees may be shorted overtime pay. 

If you have questions about how to identify California labor law violations or if you need 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.

FTG Aerospace Inc. Facing Class Action After Alleged Meal & Rest Period Violations

According to allegations in a recent class-action lawsuit, FTG Aerospace Inc. failed to provide required meal and rest breaks for California employees. Blumenthal Nordrehaug Bhowmik DeBlouw LLP filed the class action lawsuit (Case No. 20STCV28767) in the Los Angeles Superior Court of California. 

Did FTG Aerospace Inc. Violate California Labor Law? 

The recent California class action alleges FTG Aerospace Inc. engaged in numerous California Labor Law violations: 

1. Failure to provide required meal breaks

2. Failure to provide mandatory rest periods

3. Failure to provide employee wages when due

4. Failure to pay employees minimum wage

5. Failure to provide employees with overtime pay

6. Failure to accurately record meal breaks and rest periods

7. Failure to provide employees with accurate itemized wage statements

All of the above alleged actions are violations of California Labor Law and Wage Orders. The alleged violations could result in civil penalties. 

What Is an Act of Unfair Competition?  

Acts of unfair competition are typically actions, processes, or standards characterized by deceit, bad faith, fraud, or oppression that leave the victim prevented or otherwise inhibited from engaging in trade or business successfully. The FTG Aerospace Inc. class action includes allegations that the company’s company-wide policy generating a standard for overtime recording and calculation resulted in inaccurate overtime pay calculations and a failure to pay employees for all overtime hours worked accurately. The company’s intentional disregard of their legal obligation to accurately record overtime hours and calculate overtime pay rates left many employees underpaid. This is the type of company-wide policy or standard of operations considered an act of unfair competition.  

California Overtime Pay Requirements: 

California law requires employers to pay nonexempt employees daily overtime according to a specific overtime pay calculation: one and one-half times the employee’s regular pay rate. Overtime pay rates should be provided for any hours worked by non-exempt employees over 8 in one day, up to and including 12 hours in one workday. Overtime pay should also be provided for the first 8 hours worked on the seventh consecutive day worked in one workweek. 

If you need help with unpaid overtime pay, unpaid commissions, wrongful termination, or other California Labor Code violations, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP today. 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.

Cigna Faces Class Action Lawsuit Alleging Wage and Hour Violations

A California wage and hour class-action lawsuit alleges Cigna Health and Life Insurance Company failed to pay employees accurately. 

Did Cigna Fail to Provide Workers Minimum Wage and Overtime?

According to the wage and hour class action, Cigna violated numerous California Labor code provisions when they allegedly failed to provide accurate pay and overtime pay. California state law protects workers against employers who try to increase profits by underpaying their workers, requiring unpaid work (i.e., mandatory unpaid training, off-the-clock work, etc.), or failing to calculate overtime pay accurately. Blumenthal Nordrehaug Bhowmik De Blouw LLP filed the class action complaint (Case No. 283609) that is now pending in the Tulare Superior Court of the State of California. 

Cigna Allegedly Failed to Pay Minimum Wage & Overtime Wages

The class action complaint outlines multiple violations of California Labor Law: 

1. Failure to pay minimum wage

2. Failure to accurately record and provide employees with mandatory meal breaks and rest periods

3. Failure to provide employees with accurate itemized wage statements

4. Failure to reimburse workers for required business expenses

5. Failure to provide wages to workers when due

Additional Allegations: Did Cigna Commit Acts of Unfair Competition? 

The Cigna class action also alleges that the health and life insurance company committed acts of unfair competition that violated California’s Unfair Competition Law. For example, according to the class action, the company allegedly held a company-wide policy and standard procedure that failed to accurately calculate and record the correct overtime pay rate for workers. As a direct result of inaccurate overtime pay calculation standards and processes in place at Cigna, the company also allegedly failed to provide accurate overtime pay to workers. 

What Happens When California Employers Violate Labor Law? 

Most California businesses are subject to several regulatory and legal requirements (Federal, state, and local levels). The labor law requirements are designed to protect America’s workers. The state of California takes employment laws seriously, even when complying with the law may be difficult for California employers, so violating labor law can result in severe consequences for California employers.                              

If you need help collecting unpaid overtime, or if you need to file a California overtime pay 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.

Workplace Dangers in Meatpacking Industry Increase Amid Covid-19 Pandemic

Meatpacking workers typically work eight-hour shifts, six days a week, and are frequently injured on the job. Common injuries lead to knee replacements, shoulder injuries, nerve damage, and many other health issues. Workplace injuries are abnormally high in the meatpacking industry (i.e., an average of two amputations occur each week). Workers are almost 10x more likely to die on the job than workers in other industries. The effect of the Covid-19 pandemic only increased the risks of working in the meatpacking industry.

The Effect of Covid-19 on the Meatpacking Industry:

Meatpacking plant supervisors sped up production lines in response to the increase in sick days taken by regular employees as Covid-19 spread throughout the state. Employees who couldn’t keep up with the increased production rate and those who were unable to put in overtime hours were disciplined or fired. Meatpacking industry workers not only fear exposure to the virus, but they fear being injured as they are expected to increase production amid increased employee shortages.  

LA’s Meatpacking Industry Shows 2nd Highest Number of Infections After Nursing Homes:

Fifty-three thousand food workers throughout the nation tested positive for Covid-19 since April 2020, and more than 200 of those died due to Covid-19. Most of them worked in the meatpacking industry. LA’s meatpacking industry showed the second highest number of Covid-19 infections, second only to nursing homes. The numbers may be higher since some businesses are slow to report positive cases, delay testing employees, and fail to report apparent outbreaks to the appropriate organizations.

Foster Farms Meatpacking Factory Outbreak: Accurate Reporting for Employee Safety

The Foster Farms factory was shut down so they could conduct a deep cleaning after officials discovered that eight Foster Farms employees died after they got the virus. Three hundred fifty-eight other employees tested positive for Covid-19. However, Foster Farms reported only one Covid-19 death in 2020. An internal memo noted a contradictory total of nine Covid-19 employee deaths in 2020. Employers are legally required to report work-related severe injuries, illnesses, or deaths, yet the Livingston Foster Farms facility failed to do so. As of August 2020, Cal/OSHA received reports of 122 fatalities and 494 injuries or illnesses related to Covid-19. Many believe the numbers are significantly higher due to failures to report accurately similar to the Livingston Foster Farms facility situation.

If you have questions about California labor law violations or how employment law protects you against the adverse effects of the Covid-19 pandemic, 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.