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Employment Law Blog

How will Title IX changes impact college campuses?

Earlier this month, Betsy DeVos, the secretary of education announced changes to college and university sexual assault regulations under Title IX. The regulations change many aspects of the current sexual assault reporting and investigation process. Colleges must adhere to the new regulations by Aug. 14, 2020.

The U.S. Department of Education is looking to create a fair system that equally protects the accusers and the accused, but will they achieve their goal?

Workers can still face sexual harassment even if they are working from home (WFH)

Remote work or working from home (WFH) is now the norm for many people. It’s true that it can provide workers with freedom and flexibility. However, there are some burdens of office life that they can't always escape.

As managers and workers rely more on apps like Slack and Microsoft Teams to execute projects, people still have to engage with their work colleagues. Depending on the circumstances, some workers can still face sexual harassment – even in isolation from their homes.

Know Your Rights! Facebook Livestream

Allred, Maroko & Goldberg is pleased to announce that it has launched a new Facebook Livestream initiative called, "Know Your Rights! with Gloria Allred" on April 23. A panel of our firm's attorneys will answer frequently asked questions on a series of topics directly relevant to our firm's practice areas. You can watch their discussions LIVE on Gloria Allred's Facebook page on Thursdays at 12pm (English speakers) and 2pm (Spanish speakers), which can be found here.

Federal act temporarily expands employee protections amid COVID-19 crisis

As the number of confirmed COVID-19 cases continues to rise in the United State, more and more people are affected each day. Sick employees may be unable to work and earn an income for several weeks. Healthy employees may need to stay home to care for sick loved ones.

The Federal Government passed emergency legislation in March to protect these vulnerable persons. The Trump administration passed the Families First Coronavirus Response Act (FFCRA) to expand the existing Family Medical Leave Act (FMLA) and paid sick leave protections. This Act remains in effect from April 1, 2020 – December 31, 2020.

Can my employer force me to come into work during a Covid-19 lockdown?

The novel coronavirus (which causes the disease Covid-19) is creating concerns for workers across the country, and in particular New York and California. According to recent reports, the number of coronavirus cases in California has surged past 3,000 cases and New York has more than 33,000 cases. Governors in both states have ordered all “nonessential” businesses to close and advised residents to stay at home.

Because of these “stay-at-home” orders, you may be wondering whether your employer can require you to physically come in to work regardless of statewide restrictions. The answer depends on what industries you work in and whether you are considered “essential” or not.

Why is racial discrimination now more difficult to prove under Section 1981 claims?

A recent Supreme Court ruling made it more difficult for plaintiffs to win racial discrimination lawsuits. Byron Allen, an African American man, founded the production studio Entertainment Studios Network (ESN) in 1993. In 2014, Allen started negotiating with the media conglomerate Comcast to have them host ESN's channels, but the two parties were unable to reach a final agreement.

WeWork faces gender and racial discrimination lawsuit

WeWork has been beset by multiple employment actions that suggest a change in culture is overdue. Claims for gender, racial and pregnancy discrimination have all been filed against the commercial real estate company in recent years. 

A former human resources employee, Ayesha Whyte, recently filed a lawsuit against WeWork that alleges gender and racial discrimination. WeWork initially offered Whyte, an African American woman, the position of Director of Employee Relations along with a salary of $195,000. 

Wells Fargo no longer requires arbitration in sexual harassment claims

 

Until recently, Wells Fargo required all employee claims of sexual harassment to be resolved through arbitration. This means employees are forced to give up their right to file a lawsuit in court and have a jury decide the outcome of their claims. Instead, companies such as Wells Fargo pay for private arbitration, which is overseen by a private individual who decides the employees’ claims as well as the amount of discovery to allow. Arbitration helps employers keep allegations of harassment and other misconduct out of the courts, news, and the public’s eye.

Are women in positions of power more vulnerable to harassment?

A recent study released by the Swedish Institute for Social Research at Stockholm University shows that female supervisors face the highest rates of sexual harassment. 

Researchers evaluated data taken from female employees across the United States, Sweden and Japan. Overall, female supervisors were 30 to 100 percent more likely to be sexually harassed at work than female employees who were further down in the company hierarchy.

California Extends Childhood Sexual Abuse Statute of Limitations Effective January 1, 2020

This year, California gave many survivors of childhood sexual assault the opportunity to seek justice. As of January 1, 2020, survivors of abuse have a three-year window to file civil claims that could not be filed under previous laws. The new laws do not impact the criminal process or deadlines.

Contact Us for a Confidential Review of Your Case

Do you believe you are a victim of an employee rights violation or other injustice? Contact our firm for a case evaluation. Ask about our experience with confidential pre-litigation settlements and our previous courtroom successes.
We can be reached in Los Angeles at 323-302-4774 and New York at 212-202-2966.
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