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Nearly $2 Million in Wage Theft Violations

(THIS CASE WAS NOT HANDLED BY OUR FIRM) On February 16th, the California Labor Commissioner’s office affirmed the citation of a Long Beach drywall contractor for nearly $2 million in wage theft violations. According to the report "A hearing officer has upheld the Labor Commissioner’s wage theft citations of nearly $2 million to a Southern California drywall contractor affecting 472 laborers who worked on 26 construction projects throughout Southern California... In 2018, the Labor Commissioner’s Office cited Fullerton Pacific Interiors Inc. $1,964,679 for wage theft violations and civil penalties. The workers who did taping and drywall installation at hotel, recreation centers and casino projects in Los Angeles, Orange and San Bernardino counties from August 2014 to June 2016 were paid a daily rate that did not properly compensate them for overtime hours and rest breaks, and 28 workers were paid less than minimum wage." If you have been a part of wage theft violations by your current of past employers. Please reach out to the Law Offices of Devon K. Roepcke, PC, so we can help you recover the money that you are rightfully owed.

COVID-19 Violations for Employers

We all know that we've been going through though times during the COVID-19 pandemic. News rules and regulations are being implemented to ensure employee rights are being protected. Recently (on Feb. 4, 2021) Cal/OSHA issued Citations to multiple employers for COVID-19 violations. In a news release Cal/OSHA says: Oakland —Cal/OSHA has cited multiple employers for not protecting workers from COVID-19 during inspections in various industries throughout the state. Violations were identified in industries including health care, restaurant, retail, fitness centers, correctional institutions and more. Cal/OSHA opened the inspections after learning of COVID-19 fatalities and illnesses, after receiving complaints and during targeted inspections. The full list of employers cited for COVID-19 violations is posted on Cal/OSHA’s website. The full report can be read here: NEWS RELEASE California Department of Industrial Relations helps employers with understanding their requirements to protect workers from COVID-19. In doing this, Cal/OSHA has created resources, which includes a written COVID-19 Prevention Program, COVID-19 information page and free webinars. If you're an employer, please take note of the requirements to keep your employees safe.

January 1, 2021 - California Minimum Wage Increase

A reminder to all employers (and employees) in California. As of January 1, 2021, the Statewide minimum wage will increase to $13.00 for employers with twenty-five or less employees and $14.00 for employers with at least 26 employees, in addition to additional increases set by local ordinance. Here is the full schedule for minimum wage increases: Schedule for California Minimum Wage rate 2017-2023. Date Minimum Wage for Employers with 25 Employees or Less Minimum Wage for Employers with 26 Employees or More January 1, 2017 $10.00/hour $10.50/hour January 1, 2018 $10.50/hour $11.00/hour January 1, 2019 $11.00/hour $12.00/hour January 1, 2020 $12.00/hour $13.00/hour January 1, 2021 $13.00/hour $14.00/hour January 1, 2022 $14.00/hour $15.00/hour January 1, 2023 $15.00/hour If you have an overtime or wage dispute with your current or former employer, please contact the Law Offices of Devon K. Roepcke today.

Do I Have a Wrongful Termination Case for Racism?

Racism is a very divisive topic in our society today. Racism becomes even more problematic when a person is fired from their job based on race. Proving that you were fired based on race is a difficult thing to do in the legal system; however, employees should never feel that the law is not ready to support them. There were over 15,000 Employment based claims in 2016, many of which were based on Racism in the workplace. In California, Employees are protected from Racial Discrimination in the workplace by multiple laws, such as California Government Code §12940. This code prohibits employers from discriminating against employees based race. Technically, any person who believes they have been discriminated against in the workplace, and has any proof or testimony to back up that claim up, has a valid good faith claim for wrongful termination based on race. However, in order to win a case racial discrimination in the workplace in court, a person demonstrate by the majority of the evidence that they were in fact discriminated in the workplace based on race, and that racial discrimination caused harm to their careers. Discrimination based on race in the workplace is different from a Hostile Work Environment based on race, which is another legal claim. In order to successfully prove a case of racial discrimination against an employer, the following three things must happen during the trial process: (1) The Employee must make an initial show of proof that they were discriminated against. This is not a difficult step to overcome, and is designed to merely filter out frivolous cases. Any evidence can be used to demonstrate that an employee has been discriminated against, including alleged statements, emails, witness statements, or employer memorandums. Once an employee has made an initial showing of proof that they were in fact discriminated, it is up to the employer to justify their actions. (2) The employer is given the opportunity to justify the legitimate reason for their alleged discriminatory actions. An employer must provide a legitimate reason for their alleged discriminatory actions that are not based on race. If the employer cannot provide a legitimate reason, then the employee will likely win their case. However, employers and their legal teams almost always provide some excuse for the employers potentially racist actions. (3) The Employee must show by the majority of the evidence that the excuse their employer provided was not true. This stage of trial is where the rubber meets the road. Here, the employee must show a jury or judge that they were in fact discriminated against. Preparing for this stage is very extensive, with legal teams on both sides spending a lot of time and resources to make their cases. Normally, an employee, through their legal team will interview on the record many of the employees that work, or worked, at the job. These interviews include regular employees and managers alike. Furthermore, unlike in a criminal trial, the people must answer the questions asked because there are no Fifth Amendment Protections in civil cases UNLESS the case could eventually lead to a criminal prosecution. The employer is also required to turn over all emails, paperwork, or memorandums that the employee’s legal team determine might be relevant to winning the employee’s case. Settlements for Racial Discrimination in the Workplace The trial process is time and resource consuming. Cases that go to trial are often take over one year to conclude. Most cases for racial discrimination settle before they go to trial because it saves both sides time and money. However, the amount of the settlement is based on factors such as (1) the outrageousness of the employer’s conduct, (2) the career impact that the employee suffers, (3) the amount of resources that employers can dedicate to their legal defenses, and (4) the amount of resources employers have to pay any settlement claim they offer. Wrongful Termination Due to Race – Conclusion California is a very employee friendly state, and there are many laws that protect employees from racial discrimination in the workplace. An employee who feels they have been wrongfully terminated due to race can and should defend their rights. If an employee can prove by the majority of the evidence in court that they were discriminated against, they will likely win their case. That is why choosing the right legal team is very important for any person wishing to bring a lawsuit in California. (Click Here if you are in need of a lawyer to assist you in pursuing your wrongful termination case)

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