Los Angeles Employment Lawyer Blog

Sexual Harassment in the workplace is often less direct than your employer touching you, demanding sexual favors, or making unwanted advances in or out of the office. Sexual harassment can also appear when your employer or fellow employees create a hostile workplace. A hostile workplace is one where you are uncomfortable due to other’s unwanted actions or words, emails, pictures, or other offensive activities.

Sometimes it can be your coworker opening illicit webpages or email in your presence. Or it can be as simple as posting flyers around your office with offensive pictures or descriptions. Even cards or pictures on someone’s desk that you are forced to see everyday can create a hostile work environment. These actions and activities are not appropriate for the work place, and they can also be illegal. If you are faced with offensive or illicit materials or comments in the office, then you should report them to your direct supervisor. But if the activities continue and your supervisor does not stop them, then they are also responsible for creating and fostering a hostile workplace.

In one workplace in California, co-workers displayed nearly nude pictures of women in a flyer for a medical disability fundraiser. Though the cause was good, and the event was to raise money for a cure, the offensive pictures were posted throughout the workplace. Another situation involved dishwashers in the back of a restaurant bringing in laptops to watch illicit material during their wash breaks. Both of these situations are inappropriate for a work environment, and can create a hostile work place. An experienced employment lawyer can help you get back to work without having to endure offensive and inappropriate conduct.

If you are in a hostile work environment in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: WORKPLACE HARASSMENT

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With bustling populations, positive job growth and an endless supply of actors, directors, editors, post-production workers, writers and more, workers in cities like North Hollywood, Burbank and Studio City make up a large percentage of the entertainment industry. But with all the positive job growth, there are many more incidents of workplace discrimination, harassment and violations of employment law. Many industry workers work long hours, often for up to seven days a week. Even more do not have health insurance, paid time off, or many other advantages that other employment opportunities give. With so much work, and such taxing hours, wage per hour claims, and underpaid employees often go unnoticed.

But the attorneys of Greenberg & Rudman LLP will fight for entertainment industry workers. With over 50 years combined experience, the attorneys of Greenberg & Rudman LLP are experienced in handling a variety of employment claims for workers in the entertainment business. Our experience includes:

• Recovering unpaid overtime, wages, or paychecks


• Claims against your employer for unsafe business practices


• Sexual Orientation, Racial, Gender, Age, and Disability Discrimination in the workplace


• Harassment in the workplace including harassment for sexual identity, disability, or race and national origin


• Reasonable accommodations for disabilities in the workplace


• Wrongful termination suits


• Discriminatory hiring and employment practices

If you work in North Hollywood, Studio City or Burbank and you have had an employment problem, call the attorneys of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

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Modern technology has allowed for many advances in the workplace. One of these advances is allowing those who are visually impaired or fully blind to work in many more opportunities than ever before. With state of the art voice technology, visually impaired workers can navigate the internet and handle computer software with ease. However, many employers are still discriminating against those with visual impairment or offering reasonable accommodations for their disability.

According to Federal and State law, reasonable accommodations must be made to allow for a person with a disability to adequately perform their job duties. It is also illegal to refuse to hire someone or to fire someone simply due to their impairment. Reasonable accommodations for the blind include (but are not limited to):

• Having a guide dog in the workplace


• Providing a safe and accommodating work space (without physical obstacles or clutter)


• Allowing a visually impaired worker more time to work on complex tasks that involve using voice software


• Allowing a visually impaired worker to attend training for new software opportunities in the workplace


• Time away from work for doctor’s appointments


• Allowing Braille and other accommodations to allow you to be more productive at work

If you are not given these or other reasonable accommodations for your visual impairment, or you have been wrongly fired or denied a job due to your disability in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Wage claims in California are a common dispute. Often they arise when an employee discovers unpaid overtime, unpaid sick or vacation time, or even being forced to work through Federally mandated meal and rest breaks. These claims arise in offices, restaurants, carwashes, factories, grocery stores and the entertainment industry. You work hard only to discover that your paycheck is missing hours or wages, and sometimes the paycheck never comes at all. Not being paid for your work hours is illegal and many Federal and California State laws protect workers from being taken advantage of by their employers.

If your claim is small, you may be able to resolve the matter directly with the Labor Commission of California. However, often these claims can run into thousands of dollars of lost or unpaid wages over the course of a year. With labor penalties (a penalty assessed against your employer for withholding your wages) this amount can be even greater.

If you have discovered that you are not being paid what you are owed, or that you have been cheated of overtime, meal or rest breaks, or even your hourly rate has been changed, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation in California regarding your legal rights and how one of our experienced employment lawyers may be able to help you. The experienced attorneys of Greenberg & Rudman LLP have extensive experience in handling wage disputes and fighting for your hard earned paychecks.

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Posted In: EMPLOYMENT CLAIMS

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In addition to Federal Law, many classes of individuals who work in California receive greater coverage for discrimination, harassment and other employment related suits. The law is the Fair Employment and Housing Act (“FEHA”) and it includes the following categories (but are not limited to):

• sex


• gender


• race


• ancestry


• national origin


• color


• sexual orientation


• religion


• medical disability (including HIV/AIDS diagnosis)


• marital status


• age (40 and over)


• medical conditions; and


• refusal of family care leave

There are other protections which are not listed here which may offer you more protection under Federal or other State Laws. Our general website: http://www.discriminationattorney.com discusses many of these protections at length and offers more general information.

If you believe you qualify as one of these classes and you have been the victim of harassment, discrimination, wrongful termination or other employment issues in California, please call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: WORKPLACE DISCRIMINATION

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A female police officer in Whittier, California proved that she had been the victim of discriminatory evaluations in her performance review as opposed to the male police officers. Further, she was demoted, and when she blew the whistle on her Division, she claimed retaliation. After trying to report to an outside authority, the discrimination grew worse, and she filed a discrimination suit against the Division. After two trials, the Appellate court upheld her claims, and ordered over $1 million in compensatory and non-economic punitive damages.

While discrimination based on sex is hard to prove, it is still illegal. If you are a woman and are being treated in a derogatory manner by your bosses or counterparts, you have the right to file a claim and end the harassment. You are also protected in going to a third agency to blow the whistle (tell of their supposedly illegal actions) without the fear of retribution. If at any time during this process things get worse or you are terminated from your position, you should seek the guidance of an experienced employment lawyer to protect your rights.

The attorneys at the law firm of Greenberg & Rudman LLP have over 50 years combined experience in gender harrassment and sexual harassment and discrimination. Our attorneys know how to fight your case both in and out of the courtroom. If you believe that you are a victim of sexual harassment or discrimination in your California workplace call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION

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Medicine has been making new grounds in the way of genetic testing for precursors to many illnesses including breast cancer, diabetes, heart disease, and more. But more and more workers have concerns about getting preventative and early detection genetic tests for fear of retaliation from their bosses or losing their health insurance. The bill, started in the 1990s, has been toted as a great advancement to personal medicine and health care. Scientists agree that if you can detect one of these markers at an early state, the patient has a much greater chance of recovery.

So isn’t why then isn’t this just a quick pass? GINA would make it illegal for health insurers to raise premiums or deny coverage based on the information found in the tests. It would also prohibit employers from discriminating against employers based on the information, such as in decisions to hire, fire, promote, or other job duties. But the contenders have said this will do nothing about those who already have the disease and are discriminated against both by their insurance coverer and their employer.

However, this bill is meant mostly to prohibit employers and individual health insurance companies from discriminating against individuals based on the results of the test. There are already many state laws that make it illegal to prohibit groups from insurance based on their test results. Advocates of the bill argue this is the next step in protecting the advancement of personal medicine and less discrimination in the workplace based on personal disabilities.

If you suspect that you have been discriminated against at work for a genetic test, or have been refused benefits due to your medical disability in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Santa Clarita has over 177,000 residents and is one of the top growing areas in California. With so many types of employment and the varying size of employers, not all employers are knowledgeable or aware of California Labor Codes. Some examples are whether a worker should be classified as an employee (who receives a W-2 form for taxes and the employer withholds taxes to be paid to the government) or an independent contractor (who receives a 1099 form for taxes and must pay their own). The differences may seem slight, but when it comes to benefits and unemployment benefits – the differences are vast.

The Attorneys of Greenberg & Rudman, LLP have over 50 years combined experience in settling and litigation employment disputes in the greater Los Angeles Area, including Santa Clarita. If you have an employment claim regarding your employment status, wages, harassment or discrimination, you should call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. Our experienced and winning attorneys know how to handle your case from settlement or through extensive litigation. With state of the art exhibits, expert trial witnesses, and knowledge of Federal and State Laws, our attorneys may be able to help your case.

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Posted In: WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

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Narcolepsy is a medical disability that causes the sufferer to experience disrupted sleep. Many times they do not receive the proper amount of REM (or deep rapid eye movement) sleep during the night, and as a consequence, experience periods of extreme fatigue and even falling asleep at very inconsistent times. Often, a narcoleptic may have had the necessary seven to eight hours of sleep the night before, but still finds that they have fallen asleep at their desk at work, or while sitting still watching a video.

Narcolepsy is a medical disability that is protected under State law and Federal Law. While many treatments exist, some of the best treatment is allowing brief periods that are planned throughout the day to take a short nap, so as not to simply fall asleep at a much more inconvenient or inappropriate time. As Narcolepsy is a protected medical disability, those suffering from this disability have rights under both Federal and State law.

For example, Narcoleptics qualify for reasonable accommodations in the workplace with their employer. Reasonable accommodations may include (but are not limited to): setting aside 20 minutes periods throughout the day to take a planned nap so as not to fall asleep during other periods of the workday, time off of work for medical appointments, and an area where the person can take these naps undeterred and without disruption.

Your employer must make an effort to accommodate your medical disability, they cannot simply fire you if you have a qualified medical disability. Further, you are protected from law from being harassed and discriminated against due to you disability. If you suffer from Narcolepsy, and you are experiencing harassment, discrimination, or are not receiving adequate accommodations for your disability, INA would make it illegal for health insurers to raise premiums or deny coverage based on genetic information, and would prohibit employers from using such information for decisions on hiring, firing, promotions or job assignments.

If you or a loved one have been fired or discriminated against at work due to narcolepsy, you should speak to an attorney as soon as possible. Call the Law Offices of Greenberg & Rudman LLP in California now for a free and confidential consultation at 1-800-252-9776. We are experienced attorneys who can help you learn your rights. You may be suffering from a disability, but you are not alone.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Although one Supreme Court Justice, Justice Stephen Breyer, will sit out the decision, (apparently due to owning stock in the Defendant corporation) – an age bias suit from New York went before the highest court in the land this week. The suit is trying to determine who bears the burden of proof on age bias suits, the over-40 workers who claim they were fired due to age discrimination or the employer who must show there was another legitimate reason aside from age.

If the court stays as it is, the decision will remain with the lower court, leaving the decision unbinding on other courts. What does this mean? That age bias and discrimination cases continue to be controversial even in our highest courts. The burden of proof in age discrimination cases is harder than in many other types of discrimination cases, as there can be many legitimate reasons for any firing. However, many of these suits end up as class-actions showing that there was a policy or a corporation-wide discrimination against those over 40 years of age.

What does this mean for you if you are over 40? It means that you must be very careful to document and pay attention to the actions of your employer against you and your fellow older workers. With courts split on the issue, it does make it a harder burden for the plaintiff. However, that does not make discriminatory actions by your employer legal or justified. If you suspect your employer of engaging in age bias or discrimination in any part of the employment process in California: hiring, firing, promotions, pay raises, training opportunities, social activities, etc., call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

AP, The New York Times 04/24/2008

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Posted In: WORKPLACE DISCRIMINATION

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There are many types of arthritis, whether it is Rheumatoid arthritis, psoriatic arthritis or even Septic arthritis. All kinds of arthritis can be debilitating and disabling when it comes to common tasks in the workplace. However, this does not mean that your employer has a right to discriminate against you or fire you due to your disability. Under Federal laws and California State Laws, Arthritis is a medical disability that is protected from discrimination. As such, you have a right to reasonable accommodations in the workplace that allow you to complete the tasks of your work, while accepting your disability.

To start with, you must disclose your disability to your employer. Your employer cannot help you if they do not know about your disability. Start by arranging for a meeting with your direct supervisor to tell them about your Arthritis and how it affects your work. This may mean that you complete tasks more slowly, or that you need breaks from repetitive motions such as typing or filing. Even adjusting your desk space and using a wrist bar when typing can be accommodations for your Arthritis. You should then arrange for an accommodations request with your employer. This means that you both discuss and arrange simple accommodations that will allow you to complete your job adequately, while taking into account the disability. Your employer is bound by law to make reasonable accommodations including missing work for doctor’s appointments, and giving you more time to complete painful tasks.

As long as your accommodations do not place an undue burden on your employer, they must make a reasonable effort to help you. If they do not, or you find that they are harassing you about your work, your disability, or even retaliating against you after you disclose your medical disability, you may be the victim of discrimination and harassment. If you have had problems after you tried to make your reasonable accommodations request to your employer, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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