The Sacramento Bee
By Suzan Phan
ACRAMENTO, CA - A head football coach at a Catholic high school in
Vallejo has filed a wrongful termination lawsuit against the school and
the Roman Catholic Diocese of Sacramento.
Chris Cerbone and four other coaches were fired last month, and five
football players were expelled after reporting sexual abuse and hazing
on the team. Now Cerbone is filing suit.
He said he reported the alleged abuse because he wanted to stop it
and to protect the students from any further harm. He says it was a
complete shock to be fired for doing the right thing.
"I found out about it. I did the right thing. I reported it. I'm the
one who's without a job," said Cerbone last month after being fired from
St. Patrick-St. Vincent Catholic High School.
Back in December, Cerbone heard freshman players say varsity football players were hazing them in a school locker room.
He claimed he heard players were exposing their genitals to harass younger teammates.
Cerbone, who also happens to be a former New York police officer,
reported that to Child Protective Services, a chaplain, and then the
principal.
Not long afterward, he got word that he was being terminated.
Cerbone claims he was fired in retaliation for reporting sexual hazing.
"We didn't make a personnel decision based on him being a whistleblower," said Kevin Eckery, Sacramento diocese spokesman.
The diocese says Cerbone was not fired because he reported the hazing
incident but because he failed to properly supervise his players.
"We made a personnel decision based on other factors, including that
he was ultimately responsible for the football program and that's where
this problem was," Eckery said.
Cerbone's attorney, David Lowe, said, "This is a classic case of
whistleblower retaliation. The diocese should be ashamed of its role in
firing a teacher for reporting sexual abuse."
The suit alleges Cerbone suffered defamation, wrongful termination
and retaliation, and it seeks lost wages, emotional distress damages,
punitive damages and attorneys' fees and costs.
Cerbone said there was hazing on the team even before he became coach last summer.
But, he said the first time he learned of the hazing, he reported it.
He believes he did the right thing reporting the alleged abuse and he stands by his lawsuit.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
Thursday, February 28, 2013
Wednesday, February 27, 2013
US Labor Department rescinds restrictions on investigating pay discrimination
OFCCP News Release: [02/26/2013]
Contact Name: Mike Trupo or Joshua Lamont
Phone Number: (202) 693-6588 or x 4661
Release Number: 13-0305-NAT
WASHINGTON — The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs is rescinding two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines."This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's ability to identify and remedy different forms of pay discrimination. It will enable OFCCP to conduct investigations of contractor pay practices consistent with Title VII of the Civil Rights Act of 1964.
"A strong American middle class hinges on ensuring equal pay," said acting Secretary of Labor Seth D. Harris. "As President Obama has made clear, everyone – including the wives, mothers, sisters and daughters among us – must be paid fairly and without discrimination. These new standards will strengthen our ability to ensure that women and men are fully protected under our nation's laws."
The notice of final rescission withdrawing these two documents also includes new guidance for employers and other interested stakeholders setting forth the procedures, analysis and protocols OFCCP will utilize going forward when conducting compensation discrimination investigations. OFCCP will supplement the guidance with frequently asked questions, technical assistance, webinars, and other resources and materials to ensure that contractors have ample information about how to comply with the law.
"Today, we are lifting arbitrary barriers that have prevented our investigators from finding and combating illegal pay discrimination," said OFCCP Director Patricia A. Shiu, a member of the President's National Equal Pay Task Force. "At the same time, we are providing clear guidance for contractors to facilitate their success when it comes to providing equal opportunity to all of their workers."
The new approach described in the notice will enable OFCCP investigators to better examine practices and available evidence to uncover discrimination and evaluate contractor compliance with Executive Order 11246. That longstanding executive order requires federal contractors to comply with antidiscrimination obligations, including prohibitions against pay discrimination. Prior to this action, OFCCP was constrained by a methodology adopted in 2006 that made it harder for the agency to exercise its full legal authority because it required use of the same narrow formula to review all contractor pay practices, regardless of the industry, types of jobs, issues presented or available data. Now, OFCCP will be using its legal authority to hold contractors to the same legal standards – enshrined in Title VII, the landmark civil rights law – that courts and other federal agencies already apply to these businesses to prohibit job discrimination.
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
Contact Name: Mike Trupo or Joshua Lamont
Phone Number: (202) 693-6588 or x 4661
Release Number: 13-0305-NAT
WASHINGTON — The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs is rescinding two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines."This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's ability to identify and remedy different forms of pay discrimination. It will enable OFCCP to conduct investigations of contractor pay practices consistent with Title VII of the Civil Rights Act of 1964.
"A strong American middle class hinges on ensuring equal pay," said acting Secretary of Labor Seth D. Harris. "As President Obama has made clear, everyone – including the wives, mothers, sisters and daughters among us – must be paid fairly and without discrimination. These new standards will strengthen our ability to ensure that women and men are fully protected under our nation's laws."
The notice of final rescission withdrawing these two documents also includes new guidance for employers and other interested stakeholders setting forth the procedures, analysis and protocols OFCCP will utilize going forward when conducting compensation discrimination investigations. OFCCP will supplement the guidance with frequently asked questions, technical assistance, webinars, and other resources and materials to ensure that contractors have ample information about how to comply with the law.
"Today, we are lifting arbitrary barriers that have prevented our investigators from finding and combating illegal pay discrimination," said OFCCP Director Patricia A. Shiu, a member of the President's National Equal Pay Task Force. "At the same time, we are providing clear guidance for contractors to facilitate their success when it comes to providing equal opportunity to all of their workers."
The new approach described in the notice will enable OFCCP investigators to better examine practices and available evidence to uncover discrimination and evaluate contractor compliance with Executive Order 11246. That longstanding executive order requires federal contractors to comply with antidiscrimination obligations, including prohibitions against pay discrimination. Prior to this action, OFCCP was constrained by a methodology adopted in 2006 that made it harder for the agency to exercise its full legal authority because it required use of the same narrow formula to review all contractor pay practices, regardless of the industry, types of jobs, issues presented or available data. Now, OFCCP will be using its legal authority to hold contractors to the same legal standards – enshrined in Title VII, the landmark civil rights law – that courts and other federal agencies already apply to these businesses to prohibit job discrimination.
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
EEOC files discrimination Suit against transportation firm
The U.S. Equal Employment Opportunity Commission said Tuesday that
it filed a lawsuit against Prestige Transportation Service for hiring
discrimination.
According to the suit, Prestige refused to hire black applicants for employment, discriminated against a black employee and retaliated against three employees for opposing race discrimination and/or filing a discrimination charge with the EEOC.
The lawsuit also says that Prestige unlawfully destroyed or failed to keep records and documents related to employment applications, personnel records, and documents regarding rates of pay and other terms of compensation.
Prestige, based in Miami, primarily transports crew members of airlines between airports and their hotels. Executives could not be reached for comment late Tuesday.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
According to the suit, Prestige refused to hire black applicants for employment, discriminated against a black employee and retaliated against three employees for opposing race discrimination and/or filing a discrimination charge with the EEOC.
The lawsuit also says that Prestige unlawfully destroyed or failed to keep records and documents related to employment applications, personnel records, and documents regarding rates of pay and other terms of compensation.
Prestige, based in Miami, primarily transports crew members of airlines between airports and their hotels. Executives could not be reached for comment late Tuesday.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
Tuesday, February 26, 2013
Sonoma County Association of Retired Employees v. Sonoma County
-Labor and Employment Law-
District court erred in dismissing with prejudice retired employees’ complaint alleging that county had breached its obligation to provide them with certain vested healthcare benefits in perpetuity. In light of California Supreme Court’s recent decision recognizing that a county may form a contract with implied terms under specified circumstances, employees should have been allowed to plead facts plausibly showing that county created an implied contract by ordinance or resolution.
Sonoma County Association of Retired Employees v. Sonoma County - filed February 25, 2013
Cite as 10-17873
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
District court erred in dismissing with prejudice retired employees’ complaint alleging that county had breached its obligation to provide them with certain vested healthcare benefits in perpetuity. In light of California Supreme Court’s recent decision recognizing that a county may form a contract with implied terms under specified circumstances, employees should have been allowed to plead facts plausibly showing that county created an implied contract by ordinance or resolution.
Sonoma County Association of Retired Employees v. Sonoma County - filed February 25, 2013
Cite as 10-17873
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
NAACP, black firefighters argue hostile work environment in lawsuit against Jacksonville
Jacksonville.com
Steve Patterson
Jacksonville is being sued by the NAACP and a black firefighters group who argue the city’s fire department treats blacks unfairly in hiring, job assignment and transfers and allows a racially hostile work environment. The suit, which expands on discrimination claims brought last year by the U.S. Justice Department, was filed Thursday afternoon in federal court. The Justice suit focused on promotion tests, saying there was a “pattern or practice” that disadvantaged black firefighters. The NAACP and the Jacksonville Brotherhood of Firefighters intervened in that suit in August.
The new court case argues black firefighters have other obstacles working against them. The suit argues disproportionate numbers of black firefighters are disciplined more often and assigned to less-desirable jobs in the rescue or prevention divisions instead of to fire suppression jobs. It argues the hiring process works against blacks, too, saying would-be firefighters have to spend months of time and up to $2,900 studying at a Southside center to be eligible, and the time and cost is a factor in a city where blacks are more prone to live in poverty. City General Counsel Cindy Laquidara said the city hoped to resolve the dispute this year without going to trial.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/employment-law.php
Steve Patterson
Jacksonville is being sued by the NAACP and a black firefighters group who argue the city’s fire department treats blacks unfairly in hiring, job assignment and transfers and allows a racially hostile work environment. The suit, which expands on discrimination claims brought last year by the U.S. Justice Department, was filed Thursday afternoon in federal court. The Justice suit focused on promotion tests, saying there was a “pattern or practice” that disadvantaged black firefighters. The NAACP and the Jacksonville Brotherhood of Firefighters intervened in that suit in August.
The new court case argues black firefighters have other obstacles working against them. The suit argues disproportionate numbers of black firefighters are disciplined more often and assigned to less-desirable jobs in the rescue or prevention divisions instead of to fire suppression jobs. It argues the hiring process works against blacks, too, saying would-be firefighters have to spend months of time and up to $2,900 studying at a Southside center to be eligible, and the time and cost is a factor in a city where blacks are more prone to live in poverty. City General Counsel Cindy Laquidara said the city hoped to resolve the dispute this year without going to trial.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/employment-law.php
Sanchez v. Swissport, Inc
Employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law may nevertheless state a cause of action under the California Fair Employment and Housing Act. PDLL remedies augment rather than displace those of the FEHA. Allegations that defendant employer terminated plaintiff because she was unable to work during her high-risk pregnancy, refused to grant her a reasonable accommodation in the form of allowing her to remain on leave until she gave birth, and fired her in response to her request for such an accommodation were sufficient to state claims for sex and disability discrimination and retaliation in violation of the FEHA.
Sanchez v. Swissport, Inc. - filed February 21, 2013, Second District, Div. Four
Cite as B237761
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
Sanchez v. Swissport, Inc. - filed February 21, 2013, Second District, Div. Four
Cite as B237761
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
Friday, February 22, 2013
Lyons Group to pay $424,000 to 409 underpaid workers at 15 well-known Boston restaurants
News Release
WHD News Release: [02/14/2013]Contact Name: Ted Fitzgerald or Andre J. Bowser
Phone Number: (617) 565-2075 or x2074
Release Number: 13-0054-BOS
atrick Lyons to alert fellow restaurateurs of need to pay proper wages
BOSTON — A group of 15 Boston-area restaurants and their owners, Patrick Lyons and Edward Sparks, have agreed to pay $424,000 — including $212,000 in back wages and an equal amount in liquidated damages — to 409 employees to resolve alleged violations of the Fair Labor Standards Act identified by the U.S. Department of Labor. Lyons will also issue a public statement warning his fellow restaurant owners of the hazards of using contract labor providers who do not comply with the FLSA.
Investigations by the department's Wage and Hour Division found that employees of the following restaurants were not properly compensated for all work hours: Alibi Bar & Lounge; Back Bay Social Club; Bleacher Bar; The Estate; Game On; Harvard Gardens; Kings Boston; Kings Dedham; La Verdad; The Lansdowne Pub; Lucky's Lounge; Scampo; Sonsie; Sweetwater Café; and Towne Stove & Spirits. Many of these employees were paid straight time wages rather than time and one-half their regular rates of pay for hours worked in excess of 40 in a workweek, as required by the FLSA. The bulk of the underpayments affected Lyons Group kitchen staff, who were paid by Superbrite Professional Cleaning, a separate company, later known as Excel Management.
"Utilizing contract labor providers does not absolve employers from their responsibility of complying with the FLSA and paying workers the wages they are legally due," said George Rioux, district director for the Wage and Hour Division in Boston. "The use of contract labor providers in the restaurant industry has increased over the past several years, along with violations. Employers have a choice. Put these workers on payroll or ensure their labor providers are paying their employees in compliance with the FLSA."
"Employers should be aware that, as a general rule, they will pay twice when they underpay their employees. The department will seek not only the back wages due the workers, but an equal amount in liquidated damages on their behalf," said Michael Felsen, the department's regional solicitor for New England, whose office negotiated the settlements. "The time has come for the restaurant industry in Massachusetts to address this issue seriously. Underpaying employees not only hurts workers, it undercuts those employers who have chosen to obey the law in the first place."
As part of enhanced settlement agreements reached with the department, the Lyons Group will audit each restaurant's current compliance with the FLSA and take other steps to prevent violations. This will include developing and implementing a software program designed to detect employees who work in two or more of the restaurants during the same workweek.
The investigations were conducted under the division's multiyear enforcement initiative focused on the restaurant industry in Massachusetts, where widespread noncompliance with the FLSA's minimum wage, overtime and record-keeping provisions has been found.
The restaurant industry employs some of our country's lowest-paid workers who are vulnerable to disparate treatment and labor violations. In addition to the initiative in Massachusetts, the Wage and Hour Division has other ongoing enforcement initiatives throughout the U.S. to identify and remedy violations that are common in the restaurant industry.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates for hours worked over 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages.
For More Information Contact us at:
http://www.beverlyhillsemploymentlaw.com/
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