Crosner Legal News Hub: Employee Rights & Class Action Updates
What is a background check?
A background check is a process of searching and compiling the employment history, commercial records, criminal records, and/or financial records of a person or organization. The legitimacy, frequency, and purpose of background checks vary between, industries, countries, and individuals. The method used to conduct a background check can also vary. For instance, a background check can involve personal references to comprehensive database searches. Also, there are several types of...
How Long Does a Background Check Take?
There is no single or distinct answer to the above question given there are different types of background checks. Furthermore, the same kind of background check can take different times to complete because of various factors ranging from the type of information being sought after to technicalities, such as wrong names and legal requirements. In general, checks on an individual's criminal record can take a few hours to several days. The time varies depending on the legal procedures as well as...
What types of claims can an employee allege in a DFEH Complaint?
Types of Protections: Employers that are subject to the Fair Employment and Housing Act are prohibited from discriminating against any person with respect to hiring, firing, compensation, and virtually all terms, conditions, and privileges of employment. Thus, in the absence of a valid defense, such employers will be liable if they discriminate on the basis of any of the following: race; color; national origin;ancestry; sex (including breastfeeding or medical conditions...
Which Employers Are Covered by the Fair Employment and Housing Act?
A Majority of Employers Are Covered The Fair Employment and Housing Act creates a comprehensive coverage to protect against employment discrimination by protecting and safeguarding the right and opportunity of all persons to seek, obtain, and hold employment free from discrimination. It requires employers to treat all individuals equally by evaluating each person on the basis of individual skills, knowledge, and abilities and not on the basis of characteristics generally attributed to a group...
Types of Remedies For Employee After Filing DFEH Complaint
Remedies in Actions by the California Department of Fair Housing and Employment Remedies can include a requirement that the employer conduct training for all employees, supervisors, and management on the Fair Employment and Housing Act’s requirements, the rights and remedies of those who allege violations, and the employer’s internal grievance procedures. In addition, a court may assess against a defendant a civil penalty of up to $25,000 to be awarded to a person denied any right. (Section...
Statute of Limitations to file a DFEH Complaint
Timing of California Department of Fair Employment and Housing Act Complaint(s) A complaint generally must be filed within one year from the date upon which the alleged unlawful practice occurred. Nevertheless, the one-year period may be extended for an additional 90 days if the person alleging to be harmed first obtains knowledge of the unlawful practice more than one year from the date of their occurrence. The statute of limitations generally begins to run at the time the action in question...
How To Prepare For A Labor Board Hearing
Notice of Hearing If your case is not dismissed or settled, within approximately six weeks prior to your hearing, the Labor Commissioner will send a “Notice of Hearing” to you and to your employer. The Notice will provide the time and place of your hearing and the name of the hearing officer (i.e. similar to an administrative judge). You may attempt to reschedule the date and time of your hearing by contacting the hearing officer, but they are under no obligation to do so. Preparing For...
How To Fill Out The Labor Board Initial Report
The Initial Report or Claim is the document which initiates the case with the Labor Commissioner’s Office. You may download the Initial Report or Claim here: https://www.dir.ca.gov/dlse/forms/wage/english.pdf, or pick up a copy from your local Labor Commissioner’s Office. You want to try to provide as much information as possible that is being requested, and to the best of your ability. As an example, if you do know the exact date of your termination or the exact date range of when you...
The Labor Board Pre-Trial Hearing: Everything You Need To Know
Pre-Trial Hearing & Notice of Claim and Conference Typically the Deputy Labor Commissioner handling your claim will set up an informal meeting between the parties following the filing of the Initial Report or Claim. You generally may find the Deputy Labor Commissioner’s contact information on the Notice of Claim and Conference form that is sent to you and your employer prior to the informal hearing. The Notice that you will receive by mail will also include the date you filed your Initial...
Legal Guide to California Labor Board Laws in 2019
The California Labor Board accepts employee claim on a myriad of issues, but generally speaking these claims fall into three categories: Unpaid WagesRetaliationEqual Pay Act Violations Labor Board claims most commonly involve wage and hour issues. As stated, the Labor Board will also handle claims relating to certain types of wrongful termination, specifically retaliation claims, as well as claims based on Equal Pay Act violations. Most Common Labor Board Claims The most common claims...
Beware of Illegal Credit Checks – Consumers Can Receive $10,000 In Penalties
Crosner Legal is a public interest law firm that focuses on helping employees, tenants, injured victims, and people who have been frauded to seek justice and get paid back. The first issue I’d like to discuss is credit and background checks. It is very common that upon submitting an job application, employees are required to undergo a background check. For tenants, it is common that landlords require tenant screenings which check for credit and other character information such as whether...
How to sue for wrongful termination in 8 steps
We, at Crosner Legal, are here to fill employees in on what you need to know before suing your employer for wrongful termination. This article will explain the process for filing a wrongful termination lawsuit under California and federal law. It will also explain the types of actions taken by employers that generally result in wrongful termination lawsuits. The primary steps that must be taken to sue your employer for wrongful termination are: Determine if you are an “employee” under...
DFEH Complaints: Everything To Know in 2019
Although many California employers are subject both to Title VII and the Fair Employment and Housing Act, complaints alleging discrimination usually are examined separately under each law. The California Department of Fair Employment and Housing is charged with responsibility to receive, investigate, and conciliate complaints alleging discrimination either on a basis enumerated in the Fair Housing and Employment Act. Additionally, the department is charged with the responsibility to facilitate...
EEOC Complaints: The 2019 Legal Guide
The Equal Employment Opportunity Commission is a federal agency composed of five members, each of whom is appointed for a five-year term by the President. The Equal Employment Opportunity Commission is required to monitor compliance with and enforce Title VII and the Americans with Disabilities Act, two of the principal federal civil rights laws. To administer its responsibilities, persons alleging that an employer, an employment agency, or a labor organization has engaged in an unlawful...
Wrongful Termination Laws in California: Everything You Need To Know
Almost all California employers with 15 or more employees are covered by the major Federal employment protections for workers. These protections include Title VII, the Americans with Disabilities Act, and the California Fair Employment and Housing Act. Employers with 20 or more employees must also follow the requirements of the Age Discrimination in Employment Act. The main purpose of these laws is to create rules against specified types of discrimination. It should also be noted that...
How to apply for unemployment benefits in California in 4 steps
Step 1: Evaluate whether you meet the criteria to apply You must satisfy three initial requirements to qualify for unemployment insurance benefits. However, if you are uncertain whether you meet the necessary requirements, it is strongly recommended to apply for benefits and let the EDD make an official decision. Click here for a 100% FREE EDD Benefits guide: EDD Benefits guide Satisfactory Immigration Status: Benefits can be collected by any United States citizens, workers with valid sorts of...
How long do unemployment benefits last in California?
An unemployment benefits claim is effective for one year. During the year, claimants can receive from 12-26 weeks of full benefits. The number of weeks varies, based on total earnings during the base period (an individual’s earnings during a 12-month period). Click here for a 100% FREE EDD Benefits guide: EDD Benefits guide Once you finish your benefits i.e. after 26, you may no longer collect any unemployment benefits until the benefits year has completely transpired, which is typically 52...
How to File a California Labor Board Complaint: 2019 Guide
What is the California Labor Board? The California Labor Commissioner’s office, otherwise known as the Division of Labor Standards (“DLSE”) or the “Labor Board” receives individuals employee complaints regarding unpaid wages and also retaliation at the workplace and attempts to settle these claims through both an investigation and hearing. Should I file a complaint with the Labor Board or in Small Claims court? The Labor Board is generally a superior forum for an unpaid wages case than small...
Legal Guide to California Unemployment Benefits Laws in 2019
Unemployment Insurance is a program which offers a partial wage substitute to workers who are now jobless due to no mistake of their own, while they are attempting to seek new employment. Unemployment Insurance is handled by each state but mandated by the federal law. Click here for a 100% FREE EDD Benefits guide: EDD Benefits guide In California, the UI program is administered by the Employment Development Department (EDD). The department itself renders decisions regarding applicant...
Auto Renewal Lawsuits
The ease and convenience of subscription services has led to the skyrocketing in popularity for companies offering auto-renewal services. Ranging from entertainment to beauty products, almost anything is accessible via subscription and the California legislature has taken note of the possible vulnerabilities for consumers, enacting the Automatic Renewal Law (“ARL”), Business & Professions Code Sections 17600 et seq., The ARL was made effective in December 2010 and seeks to end the practice...
New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) Lawsuits
The Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) is a New Jersey consumer protection law that protects consumers from signing contracts which strip away their rights to file product liability claims. The TCCWNA is strict and clear, the consumer does not need to sign the allegedly offending paperwork and there is a fine for each customer or even a potential customer who views the contract. Recently, Avis Car Rental, Bed Bath & Beyond, the New Jersey Devils arena, Toys R Us...
Slack-Fill Lawsuits
Congress vested authority to promulgate regulations to prevent nonfunctional slack-fill in the Secretary of Health and Human Services, as to food, cosmetics, devices and drugs, and the Federal Trade Commission, as to other consumer commodities. Pursuant to that authority, the secretary elected to regulate nonfunctional slack-fill as to food products, but not as to other commodities. The FTC has thus far declined to enact regulations. The federal slack-fill regulations state that a food is...
Phantom Markdown Lawsuits
A handful of large retailers and outlet stores across the country are facing class action suits for tricking consumers with “phantom markdowns”. Retailers like Calvin Klein, The Gap, Banana Republic, TJ Maxx, and Ross are at the center of the controversy alleging that companies are breaking federal and state laws which require that items with a list or retail price to have been sold for the amount listed at some previous point. These phantom markdown claims are particularly focusing on...
Food Poisoning Lawsuits
The CDC (Center for Disease Control) estimates that there are almost 50 million cases of food poisoning yearly and approximately 325,000 hospitalization. While many people recover in a few days the CDC estimates that there 5,200 deaths across the country in more vulnerable groups. Food poisoning lawsuits have come to the forefront, most notably with the E. Coli outbreak at Chipotle in late 2015 that sickened over forty people in different areas of the country. While E. Coli is one of the...
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