Allred, Maroko & GoldbergBest Employment Lawyer | Employee Rights Attorney | LA & NYC2024-02-13T22:01:16Zhttps://www.amglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203801/2023/02/cropped-AMG-site-icon-32x32.pngOn Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=499982024-02-09T18:26:56Z2024-02-09T18:26:56Zfor employees experiencing reproductive loss events. The groundbreaking piece of legislation went into effect on January 1, 2024.
It marks a crucial step in recognizing the emotional and physical toll reproductive losses take on individuals and their families.
What is reproductive loss?
California law defines a reproductive loss event as a miscarriage, stillbirth or other instance of pregnancy loss.
Per this legislation, the purpose of these 20 days (about 3 weeks) is to give the individual who suffered the loss of time to recover. It also addresses any necessary medical or psychological needs.
Changes for employers
California employers must now grant eligible employees their stipulated leave without adverse consequences.
Those facing reproductive loss events need time to recover. The new law allows this time without the fear of workplace repercussions.
The new law encourages employers to foster a compassionate and supportive work environment. Employers must understand the needs of their employees, including events like reproductive loss.
A broader societal shift
These changes reflect a shift toward addressing individuals’ mental health and emotional well-being.
It also acknowledges that reproductive loss is a traumatic experience. Such an event requires support from the community.
Through this piece of legislation, the state is communicating to employers that they should value and prioritize their employees’ emotional and physical health. The new law places a high priority on the well-being of those who experience reproductive loss.
Whatever actions other states may take, California’s new law is a significant move toward creating a more understanding society. Let’s hope other states follow suit.]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=499992024-01-26T17:30:36Z2024-01-26T17:30:36ZPayouts and Promises to Play Fair
In a gender discrimination case, Activision Blizzard agreed to pay a $50 million settlement over complaints of workplace discrimination against women. The California Civil Rights Department (CRD) initiated the lawsuit after a two-year investigation into discrimination claims. The case centered on accusations that the video game giant consistently underpaid and denied promotions to female employees, alongside tolerating sexual harassment.
The settlement addresses the unequal treatment and pay disparity women faced, promising reform and monetary relief for those affected between 2015 and 2020. However, the company made a statement highlighting the fact that the investigation did not confirm claims of systemic and widespread sexual harassment.
How These Cases Affect Workers
This case is about more than just one company. It’s important for all workers, especially women who have the same struggles, for a few reasons:
Validates Experiences: The settlement validates the experiences of many women who face discrimination in silence.
Sends a Message of Accountability: It sends a powerful message, holding large corporations accountable for workplace equity.
Serves as a Catalyst for Change: The reforms promised by Activision Blizzard can inspire other companies to address inequality proactively.
This settlement and others like it show that things can change when people speak up.
Moving Forward Together
The situation with Activision Blizzard is a reminder that we all need to do our part. Businesses need to stop unfair treatment, and women should keep standing up for what is right. If we keep bringing attention to these issues and holding people responsible, we can make work a place that’s fair for everyone.
]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=500002024-01-12T17:35:51Z2024-01-12T17:35:51ZSexual Assault
Combs is accused of serious crimes, including the sexual assault of a 19-year-old college student in 1991. Prior to this lawsuit, Combs and another individual who accused him of rape, abuse, and sex trafficking agreed to settle their matter out of court.
Besides both cases above, other individuals have come forward alleging the music mogul sexually assaulted them.
Revenge Porn
Additional women are also coming forward and accusing Combs of revenge porn, which is the unauthorized sharing of explicit or intimate content intended to harm the person depicted.
Drugging
Sadly, that is not the end of Combs’ legal troubles. At least one individual accused Combs of drugging them, using substances to incapacitate them without their knowledge or consent.
Aftermath Of The Adult Survivors’ Act Continues
Combs is among various public figures facing legal issues in the wake of the Adult Survivors’ Act’s passage. Thanks to this act, more than 2,500 sex abuse suits were brought in New York, many of which involved prominent figures such as former President Donald Trump, comedian Russell Brand, and actor Jamie Foxx.
Though the Adult Survivors’ Act limited time period has now ended, anyone who has suffered abuse should reach out to an attorney and see if they may have a case or some other way to hold their abuser accountable.]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=500012024-01-05T17:47:45Z2024-01-05T17:47:45Zlearning the science behind this phenomenon.
Because there is often this time gap between the traumatic event and our ability to process it, it is not uncommon for a large period of time to pass before recognition of wrongdoing or developing the courage to come forward. This can make it difficult for victims to hold their abusers legally accountable as many laws have time limits on when a victim can file a claim.
States throughout the country are taking steps to remove this hurdle and help support these survivors, and California is one of them. Governor Newsom signed AB452, which goes into effect January 1, 2024. Although previous laws have expanded the state’s support for sexual abuse survivors, this goes even further.
What were previous changes to help support survivors of abuse?
In 2019, California lawmakers passed a law that extended the time sexual abuse survivors have to build a legal claim against their abusers from 26 years old to 40 years old to file a claim against their abuser.
The law also allowed for a three-year look-back, from 2020 through 2023. During that time, people could file lawsuits against their abusers regardless of the date of the abuse. Various organizations, like churches and schools, found themselves facing an onslaught of lawsuits. Critics argued these organizations could not afford the cost of litigation while victim advocates note the cost of litigation is an important means of encouraging these organizations remain accountable and take allegations of abuse seriously.
What is the most recent change?
As of January 2024, California will eliminate the statute of limitations for those who file child sexual assault lawsuits. This means that there is no longer a time limitation.
It is important to note that the law is not retroactive and only applies to instances of abuse that occur after its passage. This is likely due in part to the criticism of the previous change noted above, that the cost of potential litigation was too high.
What are my options if I was the victim of child sex abuse?
Those who are the victims of abuse are wise to seek legal counsel to discuss their options. Legal remedies are available depending on various factors, such as the date of the abuse. Allred, Maroko & Goldberg has experienced lawyers specializing in this niche area of law who can review your case and discuss your options. Taking this step is important for two reasons. First, it provides you as the victim the opportunity to hold your abuser accountable for their wrongdoing. Second, it helps work towards the removal of the risk that the wrongdoer will harm others and can also serve as a deterrent, ultimately helping to increase the safety of your community.]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=500022023-12-20T17:46:56Z2023-12-20T17:46:56ZUnveiling the Act’s impact
The Act provided a legal opportunity for long-muted survivors to seek justice. Allegations resurfaced against well-known personalities like Bill Cosby and Cuba Gooding Jr., reigniting scrutiny and paving the way for countless others to share their silenced stories. This surge of accusations shattered the glamorous facade of Hollywood, revealing a distressing reality of pervasive sexual assault.
The ripple effect
Beyond the elite circles, it empowered a collective voice, emboldening survivors to step forward and share their experiences. This ripple effect initiated open discussions, challenging the stigma often associated with survivors and compelling Hollywood to confront its deeply rooted issues.
Momentum beyond expiry
While the Act may have expired, its impact lingers. The multitude of accusations during its tenure shifted power dynamics, giving survivors a platform and amplifying their voices. This momentum remains potent, raising pertinent questions about Hollywood’s accountability and the possibility of substantial, lasting change.
The lapse of the Adult Survivors’ Act didn’t just close a legal chapter; it thrust open a new one. The floodgates haven’t merely unlocked; they’ve been obliterated. Hollywood and society at large are now confronted with a critical decision: confront the past, dismantle structures enabling abuse, and pave the way for a future where safety and the voices of all are valued.
This isn’t just a legal battle; it’s a cultural revolution. The echoes of the Adult Survivors’ Act will reverberate for years, challenging industries to reckon with their histories, reimagine their structures, and strive for a world where everyone feels safe and heard.]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=492452023-11-29T20:08:50Z2023-12-05T20:07:50Zabout to change. As of January 1, 2024, the code will take a step to expand protections for workers’ rights. The new law empowers workers to speak out about wrongdoing within the workplace and will help better protect working families throughout the state.
What is current law?
There are certain actions that employers are not allowed to take against workers, including retaliating against an employee for engaging in what is considered “protected conduct.” Three forms of employee protected conduct in California include:
Unpaid wages.Section 98.6 of the California Labor Code states companies cannot retaliate against an employee for filing a claim with the Labor Commissioner to recover unpaid wages or for reaching out to request payment of said wages.
Discussion of wages.Section 1197.5 makes it illegal for an employer to penalize workers for discussing wages or speaking out about disparate employee pay scales.
Unlawful activity.Section 1102.5 prohibits retaliation against a worker who refuses to agree to participate in what they reasonably believe is illegal activity or for disclosure of such activities.
The new legislation updates the rules for all three forms of protected activity in two important ways. First, it shifts the burden to the employer by creating a rebuttable presumption in favor of the employee if an employer fires, demotes, suspends, or takes another adverse action against an employee within 90 days of the employee engaging in protected conduct. This strengthens the employee’s position when making a claim as it will require the employer to establish that it had a legitimate reason for the adverse action against the employee in order to defeat a claim of retaliation. In addition, with respect to conduct covered by Section 1102.5 (the third category above), the new law provides for a penalty payment to the employee directly of up to $10,000 for each violation, as opposed to having the employer make the payment to the state.
What are the legal remedies for a retaliation claim?
If the employee builds a successful retaliation claim, they can receive reinstatement as well as compensation for lost wages and benefits. Those who believe they are the victims of illegal retaliation are wise to seek legal counsel to discuss their options.]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=492442023-11-03T13:30:13Z2023-11-14T17:28:49ZWhat is defamation?
Defamation is a legal claim that an individual made a false statement with the intent of injuring one’s reputation. An abuser may attempt to use this legal strategy to attack the victim, to claim the victim is making false statements.
What role does defamation play in assault and harassment cases?
Those accused of sexual abuse may attempt to assert a counterclaim of defamation against the victim. In the past, this could mean additional expense and legal hurdles for the victim.
What has changed?
Although still possible, California lawmakers have taken steps to raise the bar to help better ensure victims have financial protection when facing these types of counterclaims. The bar is raised, so to speak, by adding requirements for an abuser to establish defamation.
On October 10, 2023, Governor Gavin Newsom recently signed AB Bill No. 933, which expands current defamation law and requires those who make allegations of defamation related to a sexual assault, harassment, or discrimination case to establish malice or ill will to move their case forward.
If the case fails, the individual who made the defamation claim must pay the sexual assault, harassment, or discrimination victim’s attorney’s fees as well as costs related to building a defense to the claim. The court may also require additional treble damages for any harm caused by the allegations.
Those in favor of the new law are hopeful it will expand beyond California and that similar protections will pass in other states in the near future.
What are my options if I am a victim of sexual assault?
Those who are the victim of sexual assault in California can see this new law as a sign of support. In addition to support, it can also provide financial security if there is fear that the abuser may push back with a defamation claim. An attorney experienced in this area of law can review your case and provide additional guidance.]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=492432023-10-17T19:24:39Z2023-10-31T19:23:51ZIs there bias in AI?
Research into the issue has found the algorithms used within AI are often subject to bias. There is evidence that AI models have already provided results that discriminate based on sex and race. This fact leaves employers to ask whether the use of these models is worth the risk.
Does this pose a problem for businesses?
One business serves as an example for those who choose to take that risk. A tutoring company out of New York used AI to help in recruitment efforts. Applicants argue that the system was programed to automatically disqualify older workers. More specifically, it removed from review applications for women over the age of 55 and men over the age of 60. A group of older applicants challenged the business alleging age discrimination and the tutoring company chose to settle the case. It agreed to pay the workers behind the complaint $365,000 to settle their claims. Despite the risks, this business is not the only one choosing to use AI. A recent survey conducted by the Society for Human Resource Management (SHRM) found almost 80% of employers use some form of AI to aid in recruitment efforts. Additional uses include:
Performance management. 38% of respondents state that they use AI to aid in performance management decisions.
Productivity monitoring. 18% use AI to review worker output.
Promotion decisions. 4% of respondents stated that they would look over AI generated information to aid in promotion decisions.
The case highlighted above shows that employers cannot blame AI for potential discrimination issues. The employer is likely responsible.
What if I think my employer abuses AI?
This is an evolving and complex field. It is likely a good idea to reach out to legal counsel experienced in employee rights to review the issue and provide guidance. An employment law attorney can discuss how the law may apply to your situation.
]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=492422023-10-17T19:21:19Z2023-10-17T19:21:19Zis seeking $500,000 and attorney fees.
This is not the first lawsuit against the famous restaurant chain. Other employees have previously accused the restaurant of failure to pay employees for hours worked, failure to provide legally required breaks, and failure to pay for overtime. It is important for workers to take action whether the victim of sexual harassment, discrimination, or failure to meet other rights.
What should I do if my employer violates my rights?
If the issue is sexual harassment, it is important to document and report the behavior to a supervisor or to Human Resources. If the issue continues or if the Employer fails to take prompt remedial action, it is generally wise to seek legal counsel to review your options.]]>On Behalf of Allred, Maroko & Goldberghttps://www.amglaw.com/?p=492412023-10-03T14:48:56Z2023-10-03T14:48:56Zheaded to Governor Gavin Newsom’s desk for final approval.
Why is this bill unique?
There is no other law like it in the country. The closest comparison is a ban on caste discrimination in India. Caste discrimination is most common in South Asian cultures, such as within Hindu communities in India.
California is not the only part of the country considering such protections. Seattle passed a similar rule, though this level of protection is only available at the city level. If Gov. Newsom signs off on the bill, it will provide protection at the state level.
What does the bill do?
The bill makes it illegal to discriminate against an individual based on their caste. Examples of illegal acts would include the loss of a job and housing opportunities.
Lawmakers wrote the law to include caste within the term ancestry. The bill defines ancestry to include lineal descent and heritage as well as parentage and caste. It then defines caste as a person’s perceived position within a system of social stratification on the basis of their inherited status. The inherited status can include the restriction on marriage, segregation, discrimination, and other forms of social exclusion based on perceived status.
Although the bill has received a great deal of support, critics have voiced concern that it could unintentionally result in racial profiling targeting those of Indian descent.]]>