Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation. Contact Us
Schimmel & Parks, APLC - Litigation
Tell Us About Your Case 818-922-8544

Sherman Oaks Law Blog

How dangerous is drowsy driving?

In the last couple years, the dangers of distracted driving have become very clear. Now 48 states, including North Carolina, have banned drivers from texting while behind the wheel. But what about drowsy driving? Is it a form of distracted driving too? How dangerous is it?

Reporting sexual misconduct to HR isn’t always effective

In the wake of the MeToo movement, countless industries have seen an increase in sexual harassment claims. According to the Equal Employment Opportunity Commission, sexual misconduct complaints increased 13.6% in 2018.

People may wonder why some employees don’t bring their case to Human Resources rather than filing a complaint or going to court. That’s because some have found their HR departments to be unhelpful in these situations.

Sexual harassment claims no longer stopped by forced arbitration

Californians who have been sexually harassed on the job and believe they might have a strong legal case against their employer are often encouraged to come forward to seek justice. In many cases, they have the right to pursue a claim and be compensated. However, for some, there are contractual issues that prevent them from filing a claim regardless of the behavior they were subjected to. Forced arbitration was often used in contracts to stop workers from filing a lawsuit for sexual harassment, wage theft, discrimination and more. Now, workers dealing with these violations cannot be stopped from filing a lawsuit due to forced arbitration.

A bill signed by California Gov. Gavin Newsom will stop employers from forcing workers to sign these agreements. The law goes into effect in 2020. The bill had been proposed previously, but the last administration vetoed it.

Hotels seek to curb worker sexual harassment with video cameras

Sexual harassment can occur in any kind of employment in California and across the U.S. As the increase of people willing to speak out about how they were harassed on the job has shown, these behaviors span working classes. There are, however, people who are more vulnerable to this level of mistreatment. Those in the hotel industry are especially at risk for being subjected to sexual harassment. While complaining about it might yield results, the case often hinges on evidence.

Now, many hotels are taking steps to protect workers with security through video cameras. This can be useful to those who are considering a legal filing for compensation.

Employer retaliation and harassment sparks McDonald's walkout

In California, workers in any industry can be subjected to employer retaliation, sexual harassment and other workplace violations. Some employees are more vulnerable than others and people who work in the fast food industry fall into this category. Because they are viewed as people employers might deem easily replaceable, it might be perceived as easier to disregard complaints about how fast food workers are treated. However, workers should remember they have rights and there may be recourse if they are mistreated.

According to recent reports, a group of workers at a Los Angeles McDonald's planned a walkout because of retaliation and sexual harassment. According to them, speaking out about the problems has only made it worse. This walkout is in one specific restaurant, but worker abuse has been an ongoing complaint for fast food employees. The striking workers are believed to be the second such employees to take this drastic step in the last century.

California extends sexual harassment training deadline

Gov. Gavin Newsom signed legislation in late August extending the Jan. 1, 2020 deadline for businesses to comply with new anti-harassment training procedures for California. The order provides a one-year delay for larger companies to begin training non-supervisory employees, while smaller businesses have an extra year before they must provide training for supervisors.

However, one stipulation left intact for the Jan. 1, 2020 deadline is for companies with five or more employees to provide training for seasonal, temporary and short-term workers within the first 30 days of employment, or 100 hours worked, whichever comes first.

Workers who complained to Google claim employer retaliation

Employees in California and across the nation who are facing any workplace violations are encouraged to report it to their employer. This is a step to put a stop to the mistreatment and get the situation on the record. Still, some employers might frown upon employees who are complaining and take tacit or overt retaliatory actions. Just as sexual harassment and other illegal workplace behavior is problematic, so too is employer retaliation. People who are confronted with illegality at work in any context can benefit from having legal advice on what to do next.

A highly public attempt to shine light on the corporate culture at Google in which 20,000 workers walked out almost one year ago has resulted in many employees saying that the situation has gotten worse. A report states that workers are increasingly reluctant to report illegality at work because they were subjected to employer retaliation. A document says that 45 workers claim they were demoted, forced out or given work that is undesirable after they reported workplace issues. They say that the company is concealing and avoiding sexual harassment and other problems.

Former utility employee files lawsuit for employer retaliation

When employees of public and private businesses in California are confronted with wrongdoing at work, it can have a negative impact on their entire lives. Not only can it force them to decide that they cannot stay in that job, but it can place them in a position where they are unsure of what to do for other employment. When workers are harassed and retaliated against, it can include a variety of behaviors. In many instances, the victim is not even aware that there has been a legal violation. When confronted with workplace mistreatment, having legal assistance is essential to determine what steps to take.

A man who worked at the Los Angeles Department of Water and Power claims he was retaliated against and harassed at work. He has filed a lawsuit. The man says that the behaviors included graffiti, a dead rat being placed in his truck and slurs. He had worked as a mechanic. He eventually resigned because of the abuse. He says that he was treated this way because of his gender and that there were perceptions about his sexual orientation. He was threatened with violence and being killed.

Are there time limits to file an employer retaliation complaint?

Despite renewed and increased attention paid to worker rights in California and across the nation, there is still a problem with labor violations. This can encompass many acts. One that does not receive the same focus as current concerns about sexual harassment but is also serious is employer retaliation. When an employer violates an employee's rights in this way, there are key points that the employee should remember when trying to achieve justice.

One that must be considered is the time limits to file a complaint. Consulting with a lawyer as soon as possible can yield information about these vital factors. In general, the employee who is filing a complaint about employer retaliation must do so within six months of when the incident occurred. However, there are exceptions to this rule and the person can file a complaint beyond those six months if they fall into certain categories.

  • Insurance
    Bad Faith Result

    $250 Million

    Recovery for policyholders victimized by insurance bad faith practices following Northridge Earthquake.

  • Recent Class
    Action Result

    $23 Million

    Judgment on behalf of a class of employees for personal injury and loss of property related to illegal working conditions.

  • Recent Insurance
    Bad Faith Result

    $4 Million

    Recovery in defense costs for insureds denied their right to independent counsel by their insurance companies.

More Case Results

"I just wanted to say thank you again for taking our case through trial. We just think you are the best." - John S.

Read More Testimonials
super lawyers | Alan I Schimmel super lawyers | Michael Parks AV preeminent Martindale-Hubbell Lawyer Ratings LACBA los angeles county bar association The state bar of california Consumer Attorneys Association of los angeles CAALA

Legal Support When You Most Need It

To learn more, or to speak with a lawyer, reach out to our firm today. You can call us at 818-922-8544 or reach us online. We're here to answer your questions and address your concerns.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

email us for a response
Based in Sherman Oaks, we serve throughout the region.

Schimmel & Parks, APLC
15303 Ventura Blvd
Suite 650
Comerica Building
Sherman Oaks, CA 91403

Phone: 818-922-8544
Fax: 818-464-5091
Sherman Oaks Law Office Map

Contact This Office