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San Diego Surgical Center Sued by EEOC for Disability Discrimination

disability discrimination | Kingsley & Kingsley, Encino, CA | California attorneyRescinded Job Offer Leads to Disability Discrimination Suit

According to the U.S. Equal Employment Opportunity Commission (EEOC), the Sharp Memorial Outpatient Pavilion, a surgical center in San Diego, denied hire to an applicant due to a perceived disability.  The EEOC claims Sharp HealthCare, an operator of hospitals and medical facilities, violated federal law when it

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Former Radio Station Employees Sue for Wrongful Termination

wrongful termination California | Kingsley & Kingsley, Encino, CA | California attorneyGrupo Radio Centro LA LCC, is being sued by two former employees citing wrongful termination. The pair claims they were fired in retaliation for blowing the whistle on alleged fraud at the station, together with allegations the station had been employing illegal immigrants.


The plaintiffs:  The two former employees of the radio station are Sean O’Neill, former Vice President/General Manager, and Rosa Ambriz, Office Manager. O’Neill was hired in January 2014 with a four year contract. He was terminated in August of 2014.  Ambriz was also laid off from her position at the same time O’Neill was

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Comment Period Ends on Proposed White Collar Exemptions of FLSA

Labor Department Fails to Extend Comment Period on Proposed White Collar Regulations

white collar exemptions - overtime | Kingsley & Kingsley, Encino, CA - California attorneyThere will be no extension of the original 60-day period for commenting on the U.S. Labor Department’s proposals and requests relating to the federal Fair Labor Standards Act’s Section 13(a)(1) exemptions. On August 31, 2015, U.S. Wage and Hour Administrator David Weil notified members of the House of Representatives and the Senate.


In a March 13, 2014, memorandum, President Barack Obama directed the Department of Labor (DOL) to “modify,” “streamline” and “simplify” the federal regulations regarding exemptions to overtime under the Fair Labor Standards Act (FLSA). The Administration’s goal was to increase the number of workers eligible for overtime, especially workers from the

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California Minimum Wage Bill Stalls in Legislature

california minimum wage | Kingsley & Kingsley, Encino, CA - California attorneyCalifornia Appropriations Committee Tables Minimum Wage Bill

Senate Bill 3, a controversial bill to increase California’s minimum wage has failed to pass in the state legislature. SB 3 would have phased in a $3.00 per hour increase to the minimum wage rate and also would have imposed annual cost of living increases.


In 2013, AB 10 (Alejo) was signed into law and authorized a minimum wage increase of $9 an hour starting July 1, 2014. Under existing law, the rate is scheduled to increase to $10.00 per hour beginning on January 1, 2016. This increase will make

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Minimum Wage and Overtime Requirements for Home Health Care Workers

Federal Appeals Court Reinstates New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Employed By Third-Party Employershome health care wage | Kingsley & Kingsley, Encino, CA  - California attorney


In the fall of 2013, the U.S. Department of Labor (DOL) put forth a final rule extending the Fair Labor Standards Act’s (FLSA) minimum-wage and overtime requirements to most of the nation’s workers who provide home care assistance to elderly people and those with illnesses, injuries or disabilities. Workers impacted by the rule included certified nursing assistants, home health aides, personal care aides, caregivers, and companions. The DOL also ruled that agencies and other third party employers could no longer claim the overtime pay exemption for live-in domestic service workers. Announced on Sept. 17, 2013, the rule was scheduled to go into effect January 1, 2015.

Several home health care associations challenged the

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Mandatory Paid Sick Leave Means 30 Hours for Some Employees

california paid sick leave | Kingsley & Kingsley, Encino, CA | California attorneyThe Labor Commissioner’s office has issued an interpretation of California’s new Paid Sick Leave law that 24 hours or three days is a statutory minimum that must be interpreted in favor of the employee so that an employee who regularly works a 10 hour shift must be provided with 30 hours (or “three days”) of paid sick leave, not 24 hours.


Assembly Bill 1522 (Gonzalez, Chapter 317, Statutes of 2014), enacted the Healthy Workplaces, Healthy Families Act of 2014 to provide paid sick days to specified California employees effective July 1, 2015. AB 1522 was landmark legislation that extended the right to

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California Anti-Arbitration Bill Approved by Legislature

Approved by the Legislature on August 27, 2015, AB 465 would prohibit California employers from requiring most individuals to enter into arbitration agreements as a condition of their employment

arbitration agreement | Kingsley & Kingsley, Encino, CA | California attorneyAccording to the bill’s sponsor, the goal of AB 465 is to protect workers from being coerced into signing contracts to waive the right to take labor violations to the Labor Commissioner or to court and submit all claims to the employer’s arbitrator. Accordingly, the bill is designed to ensure that waivers of important employment rights and procedures arising under California law are made voluntarily and with the consent of the employee.

If enacted, the bill would make such waivers, including, presumably, class action waivers that were expressly sanctioned by Concepcion, “involuntary, unconscionable, against public policy, and unenforceable” if made a condition of employment. The bill also would make it unlawful to threaten, retaliate, or discriminate against any person who refuses to sign such a waiver.


For years, California employees have primarily relied on the doctrine of unconscionability to argue against the enforceability of arbitration agreements. This argument typically requires two things:

  1. A showing that the agreement is procedurally unconscionable, meaning that there was some unfairness in the procedure or method in which the agreement was presented to the employee;
  2. A showing that the agreement was substantively unconscionable, meaning that its terms were overly harsh or one-sided.

AB 465 provides that arbitration agreements, and other waivers of legal rights, must be

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NLRB Ruling May Define Who is Responsible for Subcontractors

employee v subcontractor | Kingsley & Kingsley, Encino, CA - California attorneyNLRB Ruling To Help Determine Who is Responsible for Treatment of Subcontractors in Joint Employer Relationships

The National Labor Relations Board (NLRB) may rule by month’s end whether or not Browning-Ferris Industries, a Houston-based waste-disposal company, is responsible for the treatment of its contractor’s employees. If the NLRB concludes that Browning-Ferris is a joint employer of workers provided to the firm by a staffing agency, the company would be forced to collectively bargain with those employees and could be held liable for any labor violations committed against them.

A regional NLRB director initially ruled

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LGBT Discrimination and Rights Under Title VII

LGBT Discrimination in the Workplace

Tlgbt discrimination | California attorney, Kingsley & Kingsley, Encino, CAhe Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These federal laws also prohibit employers from retaliating against workers who oppose discriminatory employment practices.

Over the past year the EEOC has shifted its position on the

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Abuse of Foreign Workers with H-2 Visas

foreign worker abuse | Kingsley & Kingsley | California attorney, Encino, CALabor Violations Against Foreign Workers

The U.S. Department of Labor’s H-2 visa program invites foreign workers to do some of the most menial labor in America. These foreign workers are then left at the mercy of their employers as they work on a temporary basis. This arrangement is economically advantageous for employers and it gives foreign workers an opportunity to earn wages they might not earn otherwise. However, there are major drawbacks as a result of

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