Judge Green Lights Bag Check Class Action Against CVS

Los Angeles Superior Court Judge Richard Rico indicated he will certify a class of more than 40,000 Caremark CVS Corp. employees who were not compensated for time spent in security inspections/getting their bags checked.

The law in this regard is clear that employees must be compensated for all of the time that they are “subject to the control of the employer.” CVS has had a policy of having their employees clock out and wait near the front of the store for a manager or loss prevention agent to check their bags before they can leave the store. This time that they spent waiting and having their bags checked was not compensated and violates California law. Continue reading “Judge Green Lights Bag Check Class Action Against CVS”

Exxon Mobile’s Discriminatory Hiring Policies

Two nearly identical resumes were recently submitted to Exxon Mobile’s HR hub located in the state of Texas to “test” the companies purportedly non-discriminatory hiring policies.  The gay rights group known as Freedom to Work submitted these two fictional resumes, with only slight differences between the two: one applicant’s resume clearly demonstrated  that she was a gay rights activist, and the other was not.  Continue reading “Exxon Mobile’s Discriminatory Hiring Policies”

If You’re Not Salaried, You’re Not Exempt

Although most of the focus in determining whether an employee is exempt from the requirements of overtime and meal and rest periods is usually focused on the duties the employee performs, California’s Sixth Appellate District recently reminded us that there is another, equally important factor to consider.  In order to be “exempt,” an employee must be paid “a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Continue reading “If You’re Not Salaried, You’re Not Exempt”

“Cultural Differences” Don’t Justify Racial Discrimination

Paula Deen, long-time cooking show host and author of numerous cookbooks, recently learned that the Food Network can’t stand the heat and is kicking her out of the kitchen for racial discrimination.  Deen is famous for her deeply Southern, often sweet and fatty comfort foods.  Deen’s Southern roots have landed her in the fryer this time, as she has been accused of racism and discrimination by a former employee.  Continue reading ““Cultural Differences” Don’t Justify Racial Discrimination”

Albertson Pregnancy Discrimination

An Alberston’s manager, Reyna Garcia, filed a pregnancy discrimination lawsuit against the grocery chain for failing to accommodate her high risk pregnancy with light duty.

After she became pregnant Reyna Garcia told her store manager that she had a history of pre-term delivery and asked that her pregnancy be accommodated through lighter work. The store manager’s response was “I thought you said nothing was going to change?” Her requests to be moved to the deli counter or customer service were turned down. In fact, Ms. Garcia requested reasonable accommodations three times, but the requests were ignored. She had no choice but to continue working because she could not financially afford to stop and needed the health insurance due to her pregnancy. Continue reading “Albertson Pregnancy Discrimination”