Harvey Weinstein Allegations Open Door For Lawsuits By Former Weinstein Employees For Hostile Work Environment/Sexual Harassment under California Fair Employment And Housing Act
Shocking allegations rocked the industry last week as allegations surfaced about famed Hollywood producer Harvey Weintstein's treatment of women, including unwanted sexual touching and advances. The news keeps getting worse for Weinstein, now terminated from his company The Weinstein Company, as more and more voices have began to surface corroborating the dirtiest secret in town: that sexual harassment, and a hostile sexually-charged work environment, was the status quo for employees of Weinstein.
Quid pro quo sexual harassment is the type of harassment people are most familiar with. “Quid pro quo” is Latin for “this for that”. This form of sexual harassment involves a supervisor conditioning employee benefits, such as promotions, benefits or continuation of employment itself, on the employee’s acceptance of the supervisor’s harassing conduct, e.g., sexual advances.
There is probably not a more blatant form of employer exploitation of his superior position over a subordinate and the law is correspondingly harsh toward this type of harassment. Under California law, the employer is strictly liable for the sexual harassment of the supervisor and has no special legal defenses available to it. A successful plaintiff can recover lost wages and compensation of other economic losses, emotional distress damages, interest and attorney fees, and in cases where the employer’s officers, directors or managing agents knew of the harassment, punitive damages intended to punish or deter the employer.
Hostile work environment sexual harassment (HWE) consists of harassing conduct that is so severe or pervasive that it creates a hostile work environment for employees. Supervisors, co-workers, even subordinates can engage in conduct that gives rise to HWE. Harassing conduct includes slurs, taunts, intimidation, ridicule, groping, grabbing, etc.
Notice the requirement is not severe AND pervasive, but severe OR pervasive, meaning that a single instance of harassing conduct could create a hostile work environment if it is severe enough. Alternatively, a campaign of multiple acts of subtle harassment could collectively create a hostile work environment if it is pervasive enough.
The employee does not have to be the direct target of the harassing conduct in order to file a claim. For instance, a woman who witnesses her female co-workers being groped and propositioned can bring a claim for hostile work environment sexual harassment.
Recently, the California Supreme Court held that employer actions, such as termination, demotion, etc., could also constitute hostile work environment harassing conduct. See Roby v. McKesson HBOC (2009) 146 Cal.App.4th 63.
To read more about the Weinstein allegations, click here.
Srourian Law Firm actively represents employees who are the victims of unwanted sexual advances and proposittions from their bosses, supervisors, and co-workers. If you or someone you know was a target of sexual harassment during their employment with The Weinstein Company, give Srourian Law Firm a call for a free consultation.
California Court Of Appeals Finds Employee Was Properly Awarded $30,000 In Attorney’s Fees On $300 Unpaid Wage Claim
In a notable case titled Beck v. Stratton, 9 Cal. App. 5th 483 (2017), the California Court Of Appeals affirmed an employee's $30,000.00 attorney’s fees award stemming from an approximate $300 claim for unpaid wages.
After conducting an administrative hearing, the labor commissioner awarded employee Stratton $303.50 plus an additional $5,757.46 in liquidated damages, interest and statutory penalties for a total award of $6,060.96, against employer Thomas Beck. Beck then filed an appeal in the Los Angeles Superior Court, which resulted in an award to employee Stratton in the amount of $6,778.85, exclusive of attorney’s fees and costs. The trial court subsequently awarded Stratton $31,365 in attorney’s fees. In this appeal, Beck asserted that the attorney’s fees motion was unreasonably high (and also timely). The Court of Appeal affirmed the judgment in favor of the employee Stratton. The Court rejected employer's argument that the attorney's fees award was unjust and grossly disproportionate to the disputed wage claim in the case of approximately $300.00.
To read the full opinion, click here.
Srourian Law Firm Files Class Action Lawsuit Against National Tractor Service, Inc. For Violation Of California Labor Code And Related Claims
Srourian Law Firm has filed a putative class action on behalf of former and current laborers and operators of National Tractor Service, Inc. in Los Angeles Superior Court. The lawsuit alleges that National Tractor Service, Inc. violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to compensate for "on-call" time, failure to pay overtime, failure to provide meal breaks and rest breaks, and violation of California Private Attorney General Act, among several other violations.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit was filed by Lenard Valadez, a former laborer and operator for National Tractor Service, Inc. in Baldwin Park, California. Valadez alleges the company did not follow California law in paying its employees and providing accurate paystubs. The lawsuit alleges the facility was not properly staffed to allow for employees to take meal and rest breaks.
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Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against National Tractor Service, Inc. and other California construction companies in Los Angeles, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a dialysis center, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Srourian Law Firm Files Class Action Lawsuit Against Los Alamitos Hemodialysis Center For Violation Of California Labor Code And Related Claims
Srourian Law Firm has filed a putative class action on behalf of former and current employees of Los Alamitos Hemodialysis Center in Los Angeles Superior Court. The lawsuit alleges that Los Alamitos Hemodialysis Center violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to compensate for "on-call" time, failure to pay overtime, failure to provide meal breaks and rest breaks, and violation of California Private Attorney General Act, among several other violations.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit was filed by Pamela Labutong, a former nurse technician for Los Alamitos Hemodialysis Center in the City of Los Alamitos, California. Labtuong alleges the facility did not follow California law in paying its employees and providing accurate paystubs. The lawsuit alleges the facility was not properly staffed to allow for employees to take meal and rest breaks.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against Los Alamitos Hemodialysis Center and other California dialysis centers in Los Angeles, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a dialysis center, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Ninth Circuit Holds Mortgage Underwriters Are Entitled To Overtime Compensation Under Federal Labor Standards Act
The Federal Court of Appeals for the Ninth Circuit issued a published decision on July 5, 2017, stating that mortgage underwriters at Provident Savings Bank don’t qualify for overtime administrative employee exemptions under the Fair Labor Standards Act (FLSA), and are thus entitled to receive overtime pay.
The case is McKeen-Chaplin v. Provident Savings Bank, 2017 S.O.S. 15-16758, D.C. No. 2:12-cv-03035-GEB-AC.
The Court reasoned that since the underwriters’ job duties, such as reviewing loan applications using guidelines established by the bank/investors — don’t relate to the bank’s management or general business operations, they don’t meet the administrative employee overtime pay exemption under the FLSA. The Court reasoned that the underwriters’ duties go to the heart of Provident’s marketplace offerings, not to the internal administration of Provident’s business, the panel said.
“Thus, we conclude that where a bank sells mortgage loans and resells the funded loans on the secondary market as a primary font of business, mortgage underwriters who implement guidelines designed by corporate management, and who must ask permission when deviating from protocol, are most accurately considered employees responsible for production, not administrators who manage, guide, and administer the business,” the panel said.
The decision reversed the district court’s grant of summary judgment and remanded the case with instruction to find in favor of the mortgage underwriters.
If you or someone you know is a mortgage underwriter that is regularly required to work more than 8 hours per day or 40 hours per week without getting paid the overtime rate, or required to work without receiving uninterrupted thirty-minute meal breaks or ten-minute rest breaks, contact Srourian Law Firm for a free consultation to discuss claims you may have.
Final Approval Granted For Delphine Restaurant Worker Class Action Lawsuit
Srourian Law Firm proudly announces that the Hon. Elihu M. Berle of the Los Angeles Superior Court granted final approval of the $325,000.00 settlement achieved in Adam Clay v. Innovative Dining Group, et al. Srourian Law Firm was appointed as lead counsel in early 2017, bringing an end to nearly two years of litigation.
At a fairness hearing held on Monday, Judge Berle signed off on the settlement, which is estimated to provide a net benefit of over $600 to each of about 500 former and current employees of Delphine Restaurant and Living Room/Station Bar located inside the W Hollywood Hotel in Los Angeles, California.
Srourian Law Firm Files Class Action Lawsuit Against Nautilus Hyosung America For Violation Of Federal Labor Standards Act And Related Claims
Srourian Law Firm has filed a federal putative class action on behalf of former and current employees of the Nautilus Hyosung America. The lawsuit alleges that Nautilus Hyosung America, the leading provider of retail delivery products to the banking industry, violated various labor code provisions, including failure to pay minimum wage, failure to compensate for "on-call" time, failure to pay overtime, failure to provide meal and rest breaks, and violation of California Private Attorney General Act among several other violations.
The lawsuit was mentioned by North California Record, which is owned by the U.S. Chamber Institute for Legal Reform. You can read North California Record's coverage by clicking here.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit alleges that Nautilus Hyosung America's conduct violates federal and California labor laws. The suit seeks actual damages for unpaid wages, in addition to penalties, interest, attorneys’ fees, and punitive damages.
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Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against Nautilus Hyosung America. If you or someone you know works or has worked for Nautilus Hyosung America, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Srourian Law Firm Leads The Way In Attaining $325,000.00 Settlement For California Labor Code Violations
A California wage and hour employment class-action led by Srourian Law Firm lawsuit reached an important milestone yesterday when Los Angeles Superior Court Judge Elihu M. Berle preliminarily approved a settlement of $325,000.00 for claims brought by former and current employees of the Delphine Restaurant, Living Room, and Living Station inside the W Hotel Hollywood. The lawsuit focused on the deprivation of overtime pay, meal periods, rest periods, and various other California Labor Code violations.
The California wage and hour lawsuit (Adam Clay v. Innovative Dining Group, LLC, et al., Los Angeles Superior Court Case Number BC598113, in Central District of Los Angeles) was filed in 2015 by named plaintiff Adam Clay. The settlement benefits all current and former hourly, non-exempt employees of Innovative Dining Group at the W Hotel in Hollywood who worked from October 21, 2011 through the date of settlement approval.
On February 23, 2017, Judge Berle granted preliminary approval of the $325,000.00 settlement. The next step in the process comes later in the year, when Judge Berle will hear arguments for a final fairness and approval hearing on June 26, 2017.
Srourian Law Firm Files Lawsuit Against DoubleTree By Hilton Torrance For Violating The California Labor Code
Srourian Law Firm has filed a putative class action on behalf of former and current employees of the DoubleTree By Hilton Torrance in Los Angeles, California. The lawsuit alleges the hotel violated various labor code provisions, including failure to pay overtime, failure to provide meal and rest breaks, and failure to pay minimum wage, among several other violations.
SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit alleges that the Marriott's conduct violates California’s labor laws. The suit seeks actual damages for unpaid wages, in addition to penalties, interest, attorneys' fees, and punitive damages.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against DoubleTree By Hilton Torrance. If you or someone you know works or has worked for The Shore Hotel, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Los Angeles Casting Workshops Violate Krekorian Act
The Los Angeles city attorney’s office has filed criminal charges against 25 people who own, operate or work with five casting workshop companies, alleging that they have violated the Krekorian Talent Scam Prevention Act by requiring actors to pay illegal fees in exchange for auditions.
California’s Krekorian Act makes it a misdemeanor for casting workshops to charge for auditions or other employment opportunities.
The companies allegedly charged actors to perform in front of a casting director or their staff members under the guise of an educational experience. Fees for such workshops typically range from $50 to $150 per session.
Several well-known casting workshop companies were named in the investigation, including Actors' Ally, The Actors Link, The Actor's Key, Your Studio Productions and The Casting Network. (The Actors Link is now known as Ace Studios.)
Several of the casting professionals had big names on their résumés, including American Horror Story, Castle, Criminal Minds and The Big Bang Theory. See below the credits of some of the more prominent casting professionals who were indicted.
Actors Alley
Ty Harman
· Santa Clarita Diet (2017)
· The Real O’Neals (2016-2017)
· School of Rock (2016)
· K.C. Undercover (2016)
· Liv and Maddie (2013-2014)
· Shake It Up! (2012-2013)
· The Game (2007-2009)
· Girlfriends (2007-2008)
Lindsay Chag
· Robin Hood: Men in Tights (1993)
· Dracula: Dead and Loving It (1995)
· Walt Disney’s Wonderful World of Color (1990)
The Actors Link
Scott David
· Criminal Minds (2005-2016)
· Criminal Minds: Beyond Borders (2016)
· 2012 (2009)
· Leverage (2008-2010)
· Nash Bridges (1996)
Michele Seamon
· Mike and Dave Need Wedding Dates (2016)
· Fresh Off the Boat (2015)
Alexa Pereira
· New Girl (2016)
· Adventures in Babysitting (2016)
· One Big Happy (2015)
Rebecca “Becky” Silverman
· Girlfriends’ Guide to Divorce (2014-2015)
· American Horror Story (2014-2015)
· Just Go With It (2011)
· Without a Trace (2004-2009)
· Criminal Minds (2010-2017)
· Criminal Minds: Beyond Borders (2016)
· Rizzoli & Isles (2015)
The Actor’s Key
Actor’s Key, LLC
Ricki Maslar
· Dahmer (2002)
· Brother to Brother (2004)
· The Bronx Bull (2016)
Nancy Foy
· Jumanji (1995)
· Jurassic Park III (2001)
· Blade II (2002)
· Doctor Dolittle (1998)
· Let’s Be Cops (2014)
· Ladder 49 (2004)
· Hidalgo (2004)
· October Sky (1999)
· Flubber (1997)
· Paper Towns (2015)
Studio Productions
Live2Act, LLC
Darya Balyura
· Switched at Birth (2013-2017)
· Veronica Mars (2014)
· Being Human (2013)
· Bob’s Burgers (2012)
· iCarly (2007-2008)
· Transformers (2007)
Amy Cohen
· Tyler Perry’s Love Thy Neighbor (2013-2015)
· Everybody Hate Chris (2005-2006)
· The Apprentice (2004)
Kimberly Ehrlich
· Grown Ups (2010)
· All My Children (2006-2007)
· Poltergeist (2015)
· Madam Secretary (2014-2015)
· Mistresses (2013-2014)
· Reign (2013-2014)
Rachel Rose Oginsky
· Suits (2011-2014)
· The Bold and the Beautiful (2016-2017)
· Masters of Sex (2015)
· Scream Queens (2015)
Peter Pappas
· Two and a Half Men (2004-2015)
· The Secret Life of the American Teenager (2008-2013)
· Mom (2013-2017)
· The Big Bang Theory (2006-2008)
· Mike & Molly (2010-2011)
· 7th Heaven (2007)
· I Didn’t Do It (2014-2015)
The Casting Network
Wintyme, LLC
Eddie Jaszek
· Castle (2016)
· Poltergeist (2015)
· Bones (2010)
Miriam Hoffman
· Ghost of Girlfriends Past (2009)
· The Millers (2013-2015)
· Lincoln Heights (2007-2008)
· Night at the Museum (2006)
· The O.C. (2006)
Srourian Law Firm is investigating a potential civil class action lawsuit against offenders of the Krekorian Talent Scam Prevention Act. Individuals who were scammed are entitled to receive back three times the amount they paid to offenders for "educational" or "workshop" classes, a guise to cover up the "pay to play" scheme. Individuals are also entitled to receive their attorney's fees.
If you or anyone you know took a class or workshop within the last year at Actors Alley, The Actors Link, The Actor’s Key, Studio Productions, or The Casting Network, contact Srourian Law Firm to discuss your rights.