Bononi Law Group, LLP
California's Leaders in Employment Law
EMAIL 866-295-7512 866-295-7512
Main Menu Office Location

April 2012 Archives

Retaliation For Requesting FMLA Leave Before Becoming Eligible

Kathryn Pereda had worked for Brookdale Senior Living Communities for only eight months when she became pregnant and advised her supervisor that she would be requesting time off under the Family and Medical Leave Act (FMLA) when the baby arrived. At that time, Pereda was not yet eligible to take FMLA leave because she had not worked for Brookdale for at least 12 months.

Legal Rights Of Kidney Donor Fired By Boss/Kidney Recipient

While visiting former coworkers, Debbie Stevens learned that her former supervisor at Atlantic Automotive Group, Jackie Brucia, was in need of a kidney transplant. Stevens offered to donate one of hers. After another kidney donor for Brucia fell through, Stevens believes Brucia began grooming her to be the back-up donor.

EEOC Officially Extends Gender Discrimination Protections To Transgender Employees

Former Phoenix police detective and military veteran Mia Macy was offered a job as a ballistics technician at a California lab with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2010. At that time, Macy was a man. During the time period that the agency was running a background check, Macy underwent the transition to live as a female.

Regular Attendance An Essential Job Function For NICU Nurses Under ADA

A neonatal intensive care unit (NICU) nurse in Oregon who suffered from fibromyalgia was fired after accumulating too many absences, in violation of her employer's limit of five unplanned absences per year. The NICU nurse sued her employer for failing to accommodate her disability as required by the Americans with Disabilities Act (ADA).

CA May Block Employer Requests For Applicants' Facebook Passwords

In response to the growing trend of employers asking current and prospective employees for login information for personal social media sites like Twitter and Facebook, discussed previously on our employment law blog, California Assembly Member Nora Campos proposed AB 1844, a bill that would prohibit California employers from doing so. According to Campos, a user's personal profile should be left exactly that -- personal.

Overtime Pay For Drug Sales Reps Being Considered By US Supreme Court

Outside sales representatives are generally classified as 'exempt' under the Fair Labor Standards Act (FLSA) and they do not have to be paid overtime for hours spent working beyond 40 hours per week. The United States Supreme Court is currently considering whether drug sales representatives should actually be considered 'non-exempt' under the FLSA and must be paid an overtime premium.

CA Supreme Court Says Workers Can Work Through Meal Breaks

Employers throughout California are required by law to provide meal breaks to hourly employees for every shift over five hours. But, the California Supreme Court recently ruled that if an employee chooses to work through his or her meal break, the employer has met its duty by simply giving the worker the opportunity to take a meal break.

Subway Owner Ordered To Pay Back Wages And Damages

A Subway franchisee with 29 locations in the Tampa Bay area has been ordered to pay 122 employees back wages and liquidated damages for violations of the Fair Labor Standards Acts (FLSA). A federal judge ordered the payments after finding that the Subway owner violated minimum wage and overtime pay requirements.

Jury Finds No Racial Discrimination In Richmond Police Chief's Trial

A racial discrimination and harassment case begun five years ago by African-American police in Richmond, California took a step closer to a conclusion after a jury found that no discrimination or harassment had occurred, denying the seven police officers' claims.

AutoZone To Sikh Employee: You Cannot Wear A Turban

An AutoZone employee who'd converted to the Sikh religion suffered employment discrimination when he was told he could not wear a turban and a kara, as required by his religion, while working. He was also taunted about being a terrorist or whether he'd joined Al Qaeda by both management and customers.

Fresno Food Supplier Settles Job Seeker's Gender Discrimination Claim

An opening for an Executive Assistant position with Olam Americas in Fresno was thought to be filled when a female applicant was offered the position. But, then Olam Americas found out that she was pregnant and rescinded its employment offer.

American Bar Association Los Angeles County Bar Association Super Lawyers Martindale-Hubbell - AV Preeminent AVVO Rating - 10.0 Superb The National Advocates | Top 100 Lawyers Lead Counsel Rated | LC Pasadena Weekly | Reader Recommended | Best of Pasadena 2016