Two car washes located in Los Angeles-Silver Lake Car Wash Inc. (3539 Beverly Blvd.) and Catalina Car Wash Inc. (4000 Beverly)- will be required to pay more than $1 million to employees. According to the claims coming from a number of car wash employees, they were paid as little as $4.50 an hour. Overall, the car washes will be required to pay the following:
- Between $17,000 and $40,000 in back wages
- $519,027 in civil penalties
- $35,996 in legal fees
As mentioned above, the car wash employees claimed to only receive $4.50 an hour. Their workdays were often 10 hours long, resulting in receiving only about $40 for a whole day’s worth of work. In addition to the unreasonably and unlawfully low hourly rate for car wash employees, the employer also failed to provide break periods and overtime pay. The car washes consistently falsified their payroll information-underreporting the hours that their employees were working.
The settlement resulted in approximately 60 employees receiving the wages that they were owed. The car washes will also be strictly monitored for a total of four years-to ensure that they consistently comply with California’s wage laws.
Overview of California’s Employment Laws
California has a number of employment laws that protect employee wages. Consider the following laws-all of which were violated by the Los Angeles car washes:
- California employers with 26 or more employees are subject to an $11.00 minimum wage rate.
- California employers with 25 or fewer employees are subject to a $10.50 minimum wage rate.
- California employers must provide overtime pay at 1.5 times the employee’s hourly rate for the hours worked in excess of the normal 40-hour workweek, 8-hour workday, or 7th day of consecutive work.
- California employers must provide double pay for overtime pay for the hours worked in excess of 12 hours or in excess of 8 hours on the 7th day of consecutive work.
- California employers must provide their employees with a meal period (unpaid) of at least 30 minutes when working more than 5 hours.
- California employers must provide their employees with a 10-minute break period (paid) for every 4 hours worked.
Unfortunately, many employers are quick to take advantage of their employees-especially if their employees are unaware of their rights in the workplace. If you were the victim of wage theft, you must speak up as soon as possible and seek legal assistance. Discussing your current situation with an employment attorney could provide you with the tools that you need to understand your rights as an employee and your rights to pursue a lawsuit to recover the wages of which you were cheated.
California Labor Law Employment Attorneys Group-Your Right to Sue
Do you believe that you were the victim of wage theft? If so, you might have grounds to pursue legal action against your employer. Many people believe that their employers will never act wrongfully against their employees; however, many employers are quick to take advantage or hardworking employees-especially when it comes to wages. If you believe that you are among the victims of wage theft, do not hesitate to contact California Labor Law Employment Attorneys Group at your earliest convenience.
If you were deprived of the wages that you rightfully earned, you might have grounds to pursue a claim against your employer and recover compensation. California law protects workers-do not hesitate to allow our employment experts to handle your claim and hold your employer responsible for their unjust actions towards you and other employees.
California Labor Law Employment Attorneys Group is an employment law firm dedicated to fighting for the rights of all victims of wage theft. If you find yourself in need of legal assistance, do not hesitate to contact our law firm and request to speak to our knowledgeable employment attorneys. Our lawyers will be available to answer all of your questions and address all of your concerns. Our employment experts will provide you with all the information that you need to pursue a successful claim against your employer. California Labor Law Employment Attorneys Group offers both free consultations and free second opinions. It does not matter if you are interested in beginning your claim or if you are looking to redirect your claim after dealing with an incompetent lawyer; you could trust the attorneys at California Labor Law Employment Attorneys Group to provide you with the legal assistance that you need.
Our free legal services are available as part of our Zero-Fee guarantee -a guarantee that you will never be required to pay any upfront legal fees for any of our legal services. California Labor Law Employment Attorneys Group is also strictly based on contingency; therefore, you will not be required to pay anything until your claim reaches a successful outcome. If you do not win, you will not pay. If you would like to discuss your wage theft claim with the employment experts at California Labor Law Employment Attorneys Group, do not hesitate to contact us as soon as possible.
Steps to Take If You Are a Victim of Reverse Race Discrimination
Employers have to consider two things when making employee-based decisions: an employee’s qualifications for the job, and the employee’s ability to perform the essential job functions – those tasks that make that job necessary and why it exists in the first place. If your employer uses things like your race, age, sex against you, and you belong to a majority group (such as white males), you may have the grounds to file a lawsuit against your employer for discrimination – the vernacular among the majority groups being “reverse discrimination.” The California Labor Law Employment Attorneys Group are lawyers in Los Angeles that can provide you with your reverse discrimination lawyer to help you get the compensatory damages to which you may be entitled.
Race discrimination occurs when a disadvantaged group is discriminated against because of their race, color, and physical characteristics that are associated with a certain race (like the color of their skin, the texture of their hair, facial features, and other such things). The term “reverse discrimination” refers to a kind of discrimination which may occur in the workplace wherein members of an advantaged group or majority (such as white males) are discriminated against because of the color of their skin, gender, age, or other protected characteristics that are normally protected under anti-discrimination laws. The term “reverse discrimination” is also often used in a negative connotation by members of that race (such as white males) to describe programs that are meant to help advance members of a disadvantaged and address inequality in the workplace, like affirmative action.
Reverse discrimination is not included in any of the laws meant to protect historically disadvantaged groups of people, many of the lawsuits that arise and claim “reverse discrimination” often cite Title VII of the Civil Rights Act of 1964 and other statutes.
The anti-discrimination laws that exist were signed into law in order to protect and prevent discrimination against minorities and other groups that were (and are) historically disadvantaged and denied many opportunities in the workplace, there exists some notion that these laws do not protect those members of majorities. But the truth of the matter is that these laws make it unlawful for employers to do all forms of discrimination. Employers cannot discriminate against protected characteristics, including those characteristics that are associated with a majority group.
The term, then, “reverse discrimination” normally arises when employees describe the kinds of cases where members of a majority group are claiming that they were discriminated against on the basis of their race, age, gender, and other such protected characteristics.
The California Labor Law Employment Attorneys Group’s employee discrimination attorneys help people like you who have suffered from reverse discrimination. We help answer questions that have to do with a person’s next moves and explain their rights. Examples of such questions include:
- What is reverse discrimination?
- Can I sue for racial discrimination if I am white?
- What is reverse discrimination? Can my employer discriminate against me because of my race?
- Can I sue for race discrimination if I am Caucasian?
Here are a few things you need to know about reverse discrimination in the workplace, and you.
How Do I Know I’ve Experienced “Reverse Discrimination?”
Federal law does not actually state “reverse discrimination” – when members of a majority and advantaged group are discriminated against – anywhere in its laws. The term is normally brought up when a member of a group that has always had an advantage and is part of the majority (such as a white man) has been discriminated against because of something else that is protected by anti-discrimination laws. Common examples of such cases brought by majority groups can be a white male who is discriminated against in favor of a minority, or perhaps a white man suing because a woman got preferential treatment at work because she was a woman. Affirmative action normally serves to give opportunities to those who have been disenfranchised and have disadvantages, but they also may get too close to the sun and run the risk of breaking discrimination laws despite their historic justifications.
Below are a few examples of what “reverse discrimination” may look like:
- Making employment decisions (like hiring, firing, promoting, etc.) in favor of someone who is a minority and belongs to a protected class, despite the experience/seniority of the white male, or other majority applicants;
- Hiring or promoting a woman just because she is a woman despite there being more qualified males in the workplace;
- Refusing to hire persons under 40 years-old and being in favor of hiring someone over 40 years of age;
- Rejecting an applicant for school while admitting a minority on the basis that the minority is part of protected class.
What Does the Law Say About “Reverse Discrimination?”
It is not easy for the courts to decide on out-of-the-ordinary discrimination cases, and reverse discrimination is among them. Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against things like race, sex, religion, national origin, sexual orientation, and other such things, regardless of who the victim is. Under Title VII, employers cannot create policies or programs that would lead to disparate impacts on employees. Disparate impacts happen when a policy that is meant to be neutral affects only individual members of a group.
Even discrimination claims that are brought by minorities and other protected groups are hard to prove. Reverse discrimination faces the same hurdle: they are difficult to prove. The plaintiff has the burden of proof and has to show that actual discrimination took place. The plaintiff – the person who has experienced reverse discrimination and is making the lawsuit against their employer – must prove the following below:
- Evidence that they are a member of a protected class (like race, sex, age, religion, disability, sexual orientation, etc.);
- People who are similarly situated at your place of employment receive more preferential treatment than the plaintiff;
- Evidence which shows that the employer normally, or usually, discriminates against privileged or majority groups;
- That the plaintiff in questions performed the job admirably and had the qualifications (if the discrimination is promotion or employment-status based).
Can I Sue My Employer for Reverse Discrimination?
If you believe that you have been discriminated against, and believe that discrimination to be reverse discrimination, you may have the legal grounds to file a reverse discrimination lawsuit against your employer for discrimination, or “reverse discrimination.”
Since it is reverse discrimination, is there a different procedure that you must follow in order to file a lawsuit? No. You use the same procedure as any other person who files a discrimination lawsuit.
In order to file a claim against your employer, you must first file a charge with an employment government agency. There are two available, the federal and state agencies: the Equal Employment Opportunity Commission (EEOC) and the state of California’s Department of Fair Employment & Housing (DFEH), respectively.
Both agencies have a work-sharing agreement, and this basically means that when you file a charge with one agency, an identical copy of that charge is sent to the other agency. This is known as dual filing and serves to protect your rights under both state and federal laws that exist to prevent discrimination. Under the EEOC, you have 180 days to file the charge from the day you last received the discrimination. This deadline can be extended if both federal and state laws protect from discrimination.
Luckily, California has its own set of anti-discrimination laws, and so the deadline is extended to 300 calendar days to file with the DFEH. The DFEH is the state agency and protects you just as equally as the federal agency.
Once they launch an investigation and conclude that it was likely that your employer violated your rights, you may request the “right-to-sue” letter. It is recommended that you only request this letter once you are ready to take your employer to court because you only have 90 days to take action once you receive the letter! An employment lawyer should help you get all of your ducks (and evidence) in order.
The California Labor Law Employment Attorneys Group is your law firm to sue employers in Los Angeles here to assure that you get the maximum amount of damages that are available to you. We offer free consultation and a zero-fee guarantee! This means that you will not pay for our services unless we can prove and win your case. There is no financial obligation on your part, and all of the risk is on us. Give us a call today to see how we can represent you! We are attorneys located in Los Angeles.
Steps to Take If You Are a Victim of Racial Discrimination
If you are a victim of racial discrimination at work, you may have the grounds to file a lawsuit against your employer for their blatant disregard for the law. Before you can file your claim against your employer for race discrimination, there are a few steps you need to take in order for your lawsuit to be considered legitimate. The California Labor Law Employment Attorneys Group is here to represent you, and guide you through every step of the way and ensure that your claim is taken seriously and submitted through the legal process.
We help people like you every day, and help answer questions regarding their right and any next steps. Examples of such questions include:
- Steps to take if you have been the victim of racial discrimination at work
- What should I do if my boss racially discriminates against me?
- What to do if your boss discriminates against your race
Steps to Take Before You File a Lawsuit
- Alert Your Employer
You may not have to file a full legal lawsuit against your employer. If you feel like you are being discriminated against for your race, it is more likely than not that your employer does not know that such an occurrence is happening. Often, the victim of race discrimination does not make it clear to the employer, and unfortunately, it is up to the employee to bring it up to the employer. Talking to your Human Resources (HR) representative and making a formal complaint with them is a good way to make it official. If the employer continues to allow the race discrimination, then you may have to take serious action.
- Keep a Journal for Your Records
Take note of any incidents of discrimination or harassment that you experience. Make sure that your record the date, the time, location, who was involved in the incident, any witnesses to the discrimination/harassment, and detail the kind of discrimination you experienced and what was said.
For example, your journal entry might include such information as, “On November 21, 2017, I was refilling my water bottle with the water cooler when Chad Williams (supervisor) said, ‘As long as I am the head-honcho here there will never be a colored person in a high position.’ Issa Collins and Kurt Vonn (coworkers) were there at the time and heard him say it.”
- Photograph and Keep Any Objects
Pictures that were shared, posted, left for, or given to you in the workplace that you believe are offensive, discriminatory, and creates a hostile work environment should be kept.
For example, if you are an African American and when you get to your desk you find a banana with a racial slur written on it, you may want to photograph it and bring it to your employer. Having visual evidence will help prove your case.
- Review Your Company’s Anti-Discrimination Policy
Your employer may have their own policies, outside of any federal and state laws, which explicitly state that discrimination in the workplace will not be tolerated. Retain a copy of your employee handbook or anything else that states discrimination will not be tolerated, it will bolster your case.
Filing a Case Against Your Employer
If you have brought up the discrimination to your employer and they have done nothing to deter the behavior, your next step is to file a lawsuit against your employer. Before you can sue and take them to court, however, you must first file a charge with an employment government agency. The Equal Employment Opportunity Commission (EEOC) is the agency at the federal level, and the California Department of Fair Employment & Housing (DFEH) is the agency at the state level. Both are available to you. The EEOC and DFEH are in work sharing agreement – when you file a charge with one agency, an identical copy is created and sent to the other agency. This is called “dual filing” and is meant to fully protect your rights under both state and federal laws.
Because both federal and state laws have their anti-discrimination laws and prohibit race discrimination in the workplace, the deadline to file your charge is extended from 180 days, to 300 calendar day. This is 300 days from the day you experienced the race discrimination. If the discrimination was ongoing, then it’s 300 calendar days from the day you last received the form of discrimination.
Once the agency launches an investigation, you can then request a “right-to-sue” letter which gives you the go-ahead to sue your employer and take them to court. It is recommended that you only request the right-to-sue letter only once you and your attorney are ready to pursue further action as you only have 90 days to take action against your employer.
What You Need to File a Charge with a Government Agency
Whether you file your charge with the EEOC or the DFEH, you will need a couple of things to ensure that everything goes well. You have the option of doing a walk-in, or mailing it in.
If you want to go into an agency, you should check with their walk-in/appointment policy as every office has different regulations. Bring any important documentation that may help your case. Once in, they will have you fill out paperwork to get your charge started.
If you want to mail it in, here is a checklist of all the things you’ll need to include in your envelope:
- Your name, address, telephone number;
- Name, address, telephone number of the employer you want to file a lawsuit against;
- The number of employees employed (if it is known) ;
- A description of the events that has led you to believe you have experienced discrimination (were you fired, harassed, demoted, denied benefits?);
- When and where the events took place, and any witnesses that were present to experience the discrimination;
- Name, address, telephone number of those witnesses;
- The kind of discrimination you experienced and how it relates to your case (for example, “I was fired because I am Latino and experienced Race Discrimination);
- Your signature – it is crucial that you include your signature in the document because, without it, the agency cannot legally launch their investigation.
The California Labor Law Employment Attorneys Group is here to ensure that justice is served. We offer free consultation and the zero-fee guarantee – if we don’t prove your case, you don’t pay for our services. Call us today to see how we can protect you!