Labor & Employment Law Review Article Co-Authored by Andrew Friedman

Andrew H. Friedman, Ramit Mizrahi, Anthony J. Oncidi Author Article For the California Labor & Employment Law Review.
 
 

Andrew H. Friedman, Ramit Mizrahi, Anthony J. Oncidi Author Article For the California Labor & Employment Law Review

January 2024 – Andrew H. Friedman, Ramit Mizrahi (an employment law mediator with The Mizrahi Law Firm), and Anthony “Tony” J. Oncidi (a partner in and Co-Chair of the Labor and Employment Department of Proskauer Rose LLP – a defense-side employment law firm) have once again co-authored an article – THE TOP EMPLOYMENT CASES OF 2023 – for the California Lawyers Association and the California Labor & Employment Law Review. The article can be viewed here.

 

2024-01-16T11:07:32-08:00January 16th, 2024|A.F.Friedman, employment law, Front Page News, law review articles|Comments Off on Labor & Employment Law Review Article Co-Authored by Andrew Friedman

Best Lawyers Recognizes Gregory D. Helmer in Employment Law

Gregory D. Helmer founding partner Helmer Friedman LLP.We at Helmer Friedman LLP are thrilled to announce that Gregory D. Helmer has been recognized for his exceptional work in Employment Law in The Best Lawyers in America® 2023 edition.

For over 40 years, Best Lawyers has been widely regarded by lawyers and the public as the most reliable measure of legal integrity and distinction in the United States. Being recognized by Best Lawyers is a true testament to the excellence of one’s practice.

Inclusion in The Best Lawyers in America® is based on a comprehensive peer-review survey that includes more than 13.7 million confidential evaluations of peers this year. Lawyers are not allowed to pay any fee to participate in or be recognized by Best Lawyers.

2023-11-01T08:37:50-08:00August 18th, 2023|Front Page News, Greg Helmer, Labor & Employment Law|Comments Off on Best Lawyers Recognizes Gregory D. Helmer in Employment Law

Cal State University Sued for Gender Discrimination

Lawsuit Accuses California State University, President Tomás Morales, and Dean Jake Zhu of Equal Pay Act Violations, Gender Discrimination, Intentional Infliction of Emotional Distress, and Other Illegal Behavior

Courtney Abrams, PC & Helmer Friedman LLP Represent Current California State University Employees Accusing CSU Of Illegal Employment Practices

March 14, 2023 (Los Angeles, California) – On this 2023 Equal Pay Day, Courtney Abrams of Courtney Abrams, PC & Andrew H. Friedman of Helmer Friedman LLP announced today the filing of a lawsuit against the Board of Trustees of the California State University (“CSU”), the President of CSU’s San Bernardino campus, Tomás Morales, and the Dean of the Palm Desert Campus of CSU, San Bernardino, Jake Zhu.

The lawsuit, Clare Weber & Anissa Rogers v. Board of Trustees of the California State University (the State of California acting in its higher education capacity); Tomás Morales, an individual; and Jake Zhu, an individual (Los Angeles Superior Court Case No. 23STCV05549), alleges that CSU has a well-known pattern and practice of violating California’s Equal Pay Act and otherwise engaging in gender discrimination against and harassing its female employees.

The lawsuit further alleges that CSU resorts to an entrenched practice of silencing its victims if they complain, including forcing them to resign by threatening their careers with ruin (like Plaintiff Anissa Rogers), or, if they refuse, simply firing them (like Plaintiff Clare Weber).

Unfortunately, women’s individual stories have often included the reality that their contributions have been undervalued, underpaid, and overlooked. Pay discrimination is a stark example of that reality […] When a woman is paid less than a man for doing the same work […] it not only affects her weekly paycheck but also her long-term economic security.

According to the lawsuit, Dr. Weber, who was the then-Vice Provost at CSU’s San Bernardino campus, complained to Defendant CSU and President Tomás Morales that female Vice Provosts, including herself, were being paid less than their male counterparts. The lawsuit alleges that Dr. Weber specifically protested gender discrimination, including complaining that (1) she had learned that she was not making the same amount of money as her male counterparts in the CSU system and (2) she was one of the lowest-paid despite her large portfolio of assignments. According to the lawsuit, Dr. Weber requested a raise to address the disparity in pay between her and her male colleagues. Indeed, as the EEOC recognized today, allegations like Dr. Weber’s are all too common:

“Unfortunately, women’s individual stories have often included the reality that their contributions have been undervalued, underpaid, and overlooked. Pay discrimination is a stark example of that reality . . . When a woman is paid less than a man for doing the same work . . . it not only affects her weekly paycheck, but also her long-term economic security.”

See “A Message from EEOC Chair Charlotte A. Burrows for 2023 Equal Pay Day and Women’s History Month,”.

The lawsuit likewise alleges that Dr. Rogers, who was the then-Associate Dean at the Palm Desert Campus at CSU, San Bernardino, complained to Dean Jake Zhu that male employees were permitted to harass female employees and that Defendant CSU “needed to do better to disrupt sexism.” According to the lawsuit, Defendant Zhu, who had subjected Dr. Rogers and other female employees to a barrage of sex harassment, instructed Dr. Rogers to just “train the men.”

male employees were permitted to harass female employees, and Defendant CSU ‘needed to do better to disrupt sexism.’

The lawsuit alleges that, thereafter, in identical conversations with both Dr. Weber and Dr. Rogers, current Provost of CSU, San Bernardino, Rafik Mohamed, directed both Dr. Weber and Dr. Rogers to lie to their colleagues and students and say they were “resigning.” According to the lawsuit, Dr. Mohamed was abundantly clear with both Dr. Weber and Dr. Rogers: If you do not resign, you will be fired.

The lawsuit also alleges that multiple current and former employees have corroborated the conduct alleged to be illegal, including one current executive as attesting:

“President Morales is so deeply hostile to and regularly discriminates against female employees who work for him, there is a culture of fear at California State University. And unfortunately, President Morales has a well-known practice of forcing female employees to “resign” or “retire” if they disagree with him or complain. He quickly turns on female employees who report workplace concerns to him and engages in what I can only call a “campaign” to discredit them and remove the female employees.”(Emphasis added)

According to the lawsuit, CSU Chancellor Jolene Koester has been known to have “coached” female employees about how best to endure well-documented sex harassment, discrimination, and retaliation by high-ranking male employees (while doing nothing to stop it).

President Morales is so deeply hostile to and regularly discriminates against female employees who work for him that there is a culture of fear at California State University. And unfortunately, President Morales has a well-known practice of forcing female employees to “resign” or “retire” if they disagree with him or complain. He quickly turns on female employees who report workplace concerns to him and engages in what I can only call a “campaign” to discredit them and remove the female employees.

The lawsuit alleges that after Dr. Weber was fired, Defendant CSU offered multiple conflicting explanations for her firing – none of which were true.

The lawsuit filed by Dr. Weber and Dr. Rogers follows on the heels of a May 2022 study released by the California State University Employees Union finding that the current pay structure within CSU has resulted in white women being paid roughly five percent less than white men, men of color making about three percent less, and women of color having a nearly seven percent disparity in pay when compared to white men. See CSUEU Salary Study.

Dr. Weber and Dr. Rogers are represented by Courtney Abrams, PC, and Helmer Friedman, LLP, California law firms that represent employees and other individuals seeking to vindicate their rights.

Speaking about the lawsuit, Courtney Abrams stated, “California law is clear: it is illegal for employers to subject female employees to inferior and hostile working conditions and pay them less than their male counterparts.”

Andrew H. Friedman likewise stated: “California law is abundantly clear that an employer – not even the State of California – may retaliate against an employee because she complains about gender discrimination and harassment.”

Current and former employees of California State University who wish to report their work experiences or learn more about the lawsuit should complete a case evaluation form and/or visit https://courtneyabramslaw.com/csu-sued-for-gender-discrimination-and-sex-harassment.

For more information about this lawsuit, please contact Courtney Abrams (at 310-490-1547 or courtney@courtneyabramslaw.com) or Andrew H. Friedman (at 310-396-7714 x. 106 or afriedman@helmerfriedman.com).

Similarly, if you are a witness or have information that would be relevant to the claims of Dr. Weber or Dr. Rogers, please contact Mr. Friedman and/or Ms. Abrams.

DOCUMENTS:

MEDIA COVERAGE:

2023-06-21T09:30:56-08:00March 14th, 2023|Case Update, discrimination, Front Page News, gender discrimination, Intentional Infliction of Emotional Distress, retaliation, sexual harassment|Comments Off on Cal State University Sued for Gender Discrimination

Workplace Investigators Law Review Article

Helmer Friedman Attorneys Author Front Page Law Review Article About Workplace Investigators

March 1, 2023 – Helmer Friedman LLP is very pleased to congratulate Partner Helmer Friedman LLP Andrew H. Friedman Leader Discrimination, Harassment, Retaliation Employment Law.Andrew H. Friedman and Courtney Abrams on the inclusion of their article Attorney Workplace Investigations: Neither Impartial Nor Independent in the most recent edition of the California Labor & Employment Law Review on the review’s front cover.

2023-03-07T10:12:32-08:00March 7th, 2023|A.F.Friedman, Front Page News|Comments Off on Workplace Investigators Law Review Article

Chambers USA Awards Andrew H. Friedman With Its Highest Possible Rating (“Band 1”) for Labor & Employment Law

January 1, 2023 – Helmer Friedman LLP is very pleased to announce that Chambers USA, the Nation’s leading legal data and analytics provider, awards Mr. Friedman with its highest possible rating (“Band 1”) for Labor & Employment – see https://chambers.com/lawyer/andrew-h-friedman-usa-5:25940936. Chambers bases its ranking on the following qualities:
The qualities on which rankings are assessed include technical legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment.

Chambers rankings are considered the definitive mark of excellence across the legal industry. A ranking from Chambers shows that a law firm has stood out in the most rigorous, independent and in-depth research process of any legal directory on the market, and has emerged as one of the best in the field. According to a review published in Chambers USA, “Andrew Friedman of Helmer Friedman is recognized among peers for his work representing both individuals and classes in a variety of matters, ranging from harassment to wage and hour suits. ‘He’s an excellent plaintiff lawyer who offers a really good perspective.’”

2023-02-08T10:10:52-08:00January 9th, 2023|Front Page News, Labor & Employment Law|Comments Off on Chambers USA Awards Andrew H. Friedman With Its Highest Possible Rating (“Band 1”) for Labor & Employment Law

Bill Ending Forced Arbitration In Sex Harassment and Assault Cases

President Biden To Sign Bill Ending Forced Arbitration In Sex Harassment And Assault Cases

February 10, 2022 (Washington D.C.) – Today, the Senate passed a bill to put an end to forced arbitration for survivors of sexual assault and harassment. The bill, called the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, was passed with a large bipartisan vote by the House of Representatives earlier in the week and heads to President Biden’s desk for his signature. Sen. Kirstin Gillibrand, D-N.Y., and Sen. Lindsey Graham, R-S.C., introduced the bill five years ago and lawmakers negotiated with business leaders to get support for the bill. In a sign of the overwhelming support for the measure, it was approved by voice vote in the chamber. The bill gives individuals a choice between going to court or going to arbitration to resolve allegations in cases related to sexual harassment or assault. As Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill, stated:

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act represents a fantastic first step in protecting American employees from workplace sexual harassment that for far too long has been hidden from the public and the courts by a system that is rigged to protect corporate America.

Bill sponsor Sen. Kirstin Gillibrand, D-NY.

Helmer Friedman LLP founding partner, Gregory D. Helmer, pictured with Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill.

The bill is also retroactive — invalidating any existing forced arbitration clauses in ongoing cases that could make it difficult for any survivors to litigate cases against their employers. Commenting on the passage of the bill, Helmer Friedman LLP founding partner, Gregory D. Helmer, stated:

“This bill represents one of the most significant workplace reforms in American history …It will help us fix a broken system that protects perpetrators and corporations and end the days of silencing survivors. …The arbitration process not only allows the corporations to hide sexual harassment and assault cases in this secretive and often biased process, but it shields those who committed serious misconduct from the public eye.”

If you believe that you have been the victim of sexual assault or harassment in the workplace, please contact Helmer Friedman LLP.

2022-02-12T08:15:07-08:00February 10th, 2022|Front Page News, Greg Helmer, sexual harassment|Comments Off on Bill Ending Forced Arbitration In Sex Harassment and Assault Cases

Mott MacDonald Sued for Discrimination

Lawsuit Accuses Mott MacDonald Family of Companies of Age, Disability, Race & National Origin Discrimination, Wrongful Termination, and Other Unlawful Behavior

 

Helmer Friedman LLP Represents Former Mott MacDonald Employee Accusing the Mott MacDonald Family of Companies of Illegal Employment Practices

October 26, 2021 (Los Angeles, California)Andrew H. Friedman of Helmer Friedman LLP, announced today the filing of a lawsuit against the Mott MacDonald Family of companies – Mott MacDonald Holdings, Inc., Mott MacDonald Group, Inc., and Mott MacDonald, Inc.

California law is clear: it is illegal for employers to fire, demote or otherwise retaliate against an employee because of that employee’s age, race or national origin or because that employee complains about unlawful activity.

The lawsuit, Abbas Sizar v. Mott MacDonald Holdings, Inc., Mott MacDonald Group, Inc., and Mott MacDonald, Inc. (Los Angeles Superior Court Case No. 21STCV39343), alleges that the Mott MacDonald defendants, in violation of California’s Fair Employment and Housing Act and Labor Code, discriminated against, harassed, and retaliated against Mr. Sizar, among other claims. More specifically, the lawsuit alleges that the Mott MacDonald defendants fired Mr. Sizar and other non-white and older employees and replaced them with younger less experienced, and less qualified white males.

Speaking about the lawsuit, Mr. Sizar’s attorney, Andrew H. Friedman of Helmer Friedman LLP, stated, “California law is clear: it is illegal for employers to fire, demote or otherwise retaliate against an employee because of that employee’s age, race or national origin or because that employee complains about unlawful activity.”

If you are a witness or have information that would be relevant to the claims of Mr. Sizar or wish to know more about the lawsuit, please contact Andrew H. Friedman (at 310-396-7714 x. 106 or afriedman@helmerfriedman.com).

Helmer Friedman LLP, a Beverly Hills, California-based law firm, is dedicated to assisting people with a wide array of legal problems. The law firm was founded in order to provide its clients (people; not corporations) with the type of world-class legal representation frequently offered by large corporate law firms to large corporations in a more personalized and less formal environment.

Helmer Friedman LLP is a leader in providing clients with legal representation across a wide spectrum of practice areas, including all aspects of employment law, consumer fraud and protection, product liability, false advertising, catastrophic personal injury, and wrongful death, civil rights violations, antitrust, privacy violations, nursing home neglect, and elder abuse, housing violations, defamation, medical malpractice, sexual harassment by doctors and other types of professionals, entertainment and sports representation.

DOCUMENTS:

2023-05-15T12:45:16-08:00October 26th, 2021|Case Update, employment law, Front Page News|Comments Off on Mott MacDonald Sued for Discrimination

Wells Fargo Bank Sued for Gender Discrimination, Retaliation, Refusal to Pay Commissions

Home Mortgage Consultant Sues Wells Fargo for Gender Discrimination, Retaliation and Refusal to Pay Commissions

LOS ANGELES, August 12, 2020 – A former Home Mortgage Consultant has filed a lawsuit alleging sex/gender discrimination, Equal Pay Act violations, and unlawful retaliation against Wells Fargo Bank, N.A. and related entities and has asserted that the company has refused to pay her the commission wages she has earned. (Los Angeles County Superior Court Case No. 20STCV30296). The filing was announced today by the Los Angeles law firm of Helmer Friedman LLP.

Plaintiff Raena Krestovnikov alleges that she was not being provided the same level of benefits and compensation that was being given to her male colleagues. She further alleges that she was fired in retaliation for complaining about the disparity and discrimination to her supervisors, including Senior Vice President of Sales Marty Widergren, and for notifying them that she was going to retain counsel.

It is illegal to discriminate against an employee based on her gender, and it’s certainly illegal to fire an employee for raising those concerns to her employer

The lawsuit further alleges that, in retaliation for Ms. Krestovnikov’s complaints of sexist discrimination, Wells Fargo reacted swiftly and punitively. According to the suit, Mr. Widergren, angered by her complaints, harbored a retaliatory animus and refused to meet with her to discuss work matters. Within a few months of her most recent complaints, she was fired.

After she was fired, the suit alleges, Wells Fargo refused to pay Ms. Krestovnikov commissions she had earned and, instead, assigned those accounts to male employees, who unfairly profited from Ms. Krestovnikov’s work.

“It is illegal to discriminate against an employee based on her gender, and it’s certainly illegal to fire an employee for raising those concerns to her employer,” said Gregory Helmer of Helmer Friedman LLP. Helmer added, “Retaining counsel is a fundamental right in California and the United States, and the law in California prohibits employers from retaliating against an employee for asserting that important right.”

DOCUMENTS:

 

MEDIA COVERAGE:

2021-12-09T11:06:01-08:00August 12th, 2020|discrimination, Front Page News, gender discrimination, retaliation|Comments Off on Wells Fargo Bank Sued for Gender Discrimination, Retaliation, Refusal to Pay Commissions

Helmer Friedman LLP Files Lawsuit On Behalf of Cancer Survivor Suing Pharmaco, Inc. and Premier Infusion Care for Disability Harassment, Discrimination, and Wrongful Termination

November 21, 2019 – Today, Helmer Friedman LLP filed a lawsuit on behalf of a former Pharmacist for Torrance, California-based Pharmaco, Inc. and Premier Infusion Care alleging that the Company engaged in disability harassment and discrimination. A copy of the lawsuit — Los Angeles Superior Court Case No. 19STCV41854 – can be view here.

Among other things, plaintiff Dr. John L. Bowie alleges that, following a humiliating and degrading campaign of retaliation and harassment, he was fired for being a disabled stage IV cancer survivor. Dr. Bowie, a Pharmacist with over twenty years of practice treating and saving patients’ lives, alleges that the company and some of its employees relentlessly bullied and harassed him after learning that he was a survivor of colon cancer with digestive disabilities. In order to embarrass Dr. Bowie for his medical condition, some of his coworkers allegedly told him he had a “foul odor” and that he “stank,” placed advertisements for adult diapers on his desk, filled his office with the overpowering scent of air freshener, and giggled and smirked at his distress. The lawsuit further alleges that after Dr. Bowie was repeatedly and rudely confronted by Human Resources representatives with the false accusation that his digestive disability and colon cancer made him smell, the Company escalated their harassment to a truly shocking level, demanding that he begin to wear an adult diaper to work. According to the lawsuit, when Dr. Bowie, feeling bullied and in fear for his job, complied with this ridiculous and degrading request, a representative for Human Resources then forced him to show her his diaper by pulling down his pants for her and lifting it out of his waistband. Dr. Bowie alleges that he was emotionally devastated by his treatment at the hands of his coworkers.

Dr. Bowie’s Complaint For Damages alleges that he repeatedly asked the company to provide him a reasonable accommodation for his disability and to address the severe harassment he was experiencing. Instead, the lawsuit alleges, rather than taking remedial action or accommodating him, the company abruptly fired him just days after his most recent request for accommodation and help.

The lawsuit also alleges that Pharmaco, Inc. and Premier Infusion Care fired Dr. Bowie because he made complaints to the company that it was not complying with various guidelines to ensure the safety and efficacy of the prescription drugs that it was compounding and that the company was sending out prescriptions for large
amounts of IV diphenhydramine.

Commenting about the lawsuit, Andrew H. Friedman, founding partner of Helmer Friedman LLP, stated: “California employers need to be aware that the law of this state requires them to take reasonable steps to accommodate employees with disabilities and medical conditions so that they have the same access to employment as anyone else.”

Helmer Friedman LLP is seeking witnesses who may be aware of the manner in which Pharmaco, Inc. and Premier Infusion Care treated Dr. Bowie and/or other employees with disabilities.

Documents:

Complaint for DamagesHelmer Friedman LLP filed a lawsuit on behalf of a former Pharmacist for Torrance, California-based Pharmaco, Inc. and Premier Infusion Care alleging that the Company engaged in disability harassment and discrimination.

Press ReleaseCancer Survivor Suing Pharmaco, Inc. and Premier Infusion Care for Disability Harassment, Discrimination, and Wrongful Termination.

Media Coverage:

2019-11-26T09:11:54-08:00November 21st, 2019|Case Update, Front Page News|Comments Off on Helmer Friedman LLP Files Lawsuit On Behalf of Cancer Survivor Suing Pharmaco, Inc. and Premier Infusion Care for Disability Harassment, Discrimination, and Wrongful Termination
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