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California Accuses Activision Blizzard of Suppressing Evidence and Testimony

Topics: Employment Law

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[vc_row][vc_column][vc_column_text]California's Department of Fair Employment and Housing (DFEH) has filed an amended complaint against Activision Blizzard and accused the company of destroying relevant personnel documents, a claim the company denies.  The original complaint against Activision Blizzard accuses the company of creating a toxic work environment and allowing discrimination and harassment of female employees to flourish. In the updated filing, DFEH highlights that Activision Blizzard employees are being directed to give relevant testimony to attorneys at a "union-busting" law firm and to then tell state investigators that their testimony is confidential under attorney-client privilege.  The filing also details attempts to coerce employees into signing waivers and non-disclosure agreements requiring employees to notify the company, and prevent certain discussions, if certain topics are approached in any discussion with state investigators.  Also added to the filing were claims that it was not only full-time employees experiencing the harassment and discrimination, but temporary and contract workers too. See the updated legal filing here. Activision Blizzard's response to the DFEH actions has appeared to many observers as defensive and tone-deaf, and the response so far has not been well-received by employees, leading to complaints and an employee walkout.  Activision Blizzard has terminated many senior level positions since the news of the original DFEH action was disclosed.  One such firing was Jesse McCree, the lead designer of the unreleased video game Diablo IV.  McCree also happened to be the namesake for a character in a different Activision Blizzard game, the competitive shooter Overwatch, which lead to calls for renaming the character.  Yesterday, Overwatch announced that they would indeed rename the character. The revelation of Activision Blizzard's toxic working environment as described in the DFEH action continues to have unexpected consequences.  Employment law violations vary in scope, with Activision Blizzard's alleged violations on the large end of the spectrum.  Most violations of employment law are much smaller, affecting only a few or even a single employee.  But regardless of scope, the law is designed to protect the victims of workplace discrimination and sexual harassment.  If your employer has violated employment law, the Law Offices of Scott Warmuth can help.  We provide free consultations, so call us today at 888-517-9888 to see if you have a claim.  Your call is completely confidential. [/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 45 – Jennifer Tang

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 45 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, has been recently published on the podcasting sites! Episode 45 features Jennifer Tang.

Episode Description:

Jennifer Tang's parents are survivors of the Cambodian genocide. Growing up with those stories Jennifer had a lot of questions about how societies and government could fall apart like that. She always asked those questions, and she never found satisfactory answers. But that curiosity is what led her to start getting involved in public service.

Before Jennifer moved to  Monterey Park at age 10, she lived in an apartment where her neighbor got shot in their driveway. And when her family  moved to  Monterey Park, she thought, 'oh my goodness, my life looks like a TV show now.' The opportunity to grow up in Monterey Park meant that she had a great education and was able to pursue her hopes and dreams.

When Jennifer was 21 years old, she went to Cambodia by herself to be a volunteer teacher. After that experience she decided that that is what she was going to do as a career. It made the most sense to her, both for the type of work that she wanted to do in her life and the type of impact that she wanted to have. During her time in Cambodia she taught four hours a day. Her youngest student was 15 years old and the oldest student was 65. The work that she was doing was directly impacting their economic prosperity because if they could speak English, they had more access to resources and jobs. The results were tangible. That experience is what has spurred everything else she has done since.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.

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Prop 22 Ruled Unconstitutional, Appeal Expected

Topics: Employment Law, Workers' Compensation

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[vc_row][vc_column][vc_column_text]California Proposition 22 was passed by voters last year by more than 17 points.  The App-Based Drivers as Contractors and Labor Policies Initiative was championed by Uber, DoorDash, and other apps that use drivers, leading Prop 22 to become the most expensive ballot measure in the history of California; more than $204 million was spent to focus on the issue.  Prop 22 was considered a backlash to Assembly Bill 5 (AB5), which classified many gig workers as employees, not independent contractors.  The change in classification would have provided certain worker rights, including minimum wages, overtime pay, and workers' compensation benefits.  AB5 never took effect. Last Friday, a California judge found Prop 22 unconstitutional.  The Alameda County Superior Court Judge determined that Prop 22 is unenforceable due to several provisions of the proposition being in violation of California law.  Specifically, the judge stated that the ballot measure was not limited to a single subject, created an amendment process that violated the California constitution, and does not provide worker protections consistent with existing employment law. Uber and some pro-Prop 22 advocates have declared an intent to appeal the ruling.  It is expected that the provisions of Prop 22 will remain in effect while the appeal process takes place and that the California Supreme Court will ultimately have the final say in determining the fate of the proposition.  After the original passage of Prop 22, Uber and Lyft were planning to bring similar measures in other states.  The ride sharing companies have also had to defend charges that the confusing wording of the ballot misled voters. See the full news story here. Under employment law, employee misclassification as independent contractors is a major issue.  This can occur in a variety of professions.  Depending on the posture of the case and the type of profession involved,  an employee may be entitled to some rights and benefits that independent contractors are not.  The Law Offices of Scott Warmuth helps workers who are improperly labeled as independent contractors seek proper classification and the recovery of benefits owed to them.  We provide free consultations at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Premises Liability – Personal Injuries in Public Spaces Due to Negligence

Topics: Personal Injury

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Premises liability is a subset of personal injury law that applies to many public and private spaces, including stores, public sidewalks, and even your neighbor’s yard.  While it may be lesser known than car accident law, premises liability law is extremely important if someone finds themselves injured due to the negligence of a homeowner, business, or the government.  If you have suffered an injury pursuable under premises liability law, you can seek financial compensation for medical bills, lost wages, and more. Premises liability is anchored in responsibility.  For example, homeowners are responsible for the safety of their guests.  If a homeowner is aware of a broken railing leading to their front door, does not repair it, and as a result a visitor leaning on that railing falls, the homeowner is considered to have caused that injury.  There are many different variations of common injuries which could be pursued as a premises liability case:
  • Any property left in dangerous conditions
  • Dog bites or other pet-related injuries
  • Unmarked wet or slippery floors
  • Broken railings, stairs, or steps
  • Lack of building or parking lot security
  • Unmaintained elevators or escalators
  • Broken lights obscuring clutter on the ground
If a person is injured due to negligence from any of these examples, or any other similar reason, he or she can pursue an injury claim against the responsible party.  Property owners are typically responsible for the cost of any medical bills, unpaid wages, property damage, and pain and suffering that occurs due to their negligence. Governments can also be found responsible for injuries under premises liability rules.  Public spaces that are poorly maintained or suffer any number of defects, including sidewalks, roads, traffic control devices, or anything typically handled by the government can lead to injury.  And if a lack of planning or execution is the reason for any injury, the government can be found liable for the cost of those injuries. The Law Offices of Scott Warmuth is a personal injury law firm that helps injury victims pursue insurance claims from negligent parties, including injuries resulting from violations of premises liability laws.  We offer free consultations and charge no fees if we do not win your case.  There is no risk.  Call us today at 888-517-9888 for your case evaluation. Any property left in dangerous conditions
  • Dog bites or other pet-related injuries
  • Unmarked wet or slippery floors
  • Broken railings, stairs, or steps
  • Lack of building or parking lot security
  • Unmaintained elevators or escalators
  • Broken lights obscuring clutter on the ground
If a person is injured due to negligence from any of these examples, or any other similar reason, he or she can pursue an injury claim against the responsible party.  Property owners are typically responsible for the cost of any medical bills, unpaid wages, property damage, and pain and suffering that occurs due to their negligence. Governments can also be found responsible for injuries under premises liability rules.  Public spaces that are poorly maintained or suffer any number of defects, including sidewalks, roads, traffic control devices, or anything typically handled by the government can lead to injury.  And if a lack of planning or execution is the reason for any injury, the government can be found liable for the cost of those injuries. The Law Offices of Scott Warmuth is a personal injury law firm that helps injury victims pursue insurance claims from negligent parties, including injuries resulting from violations of premises liability laws.  We offer free consultations and charge no fees if we do not win your case.  There is no risk.  Call us today at 888-517-9888 for your case evaluation.
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San Gabriel Valley Master Key – Episode 44 – Bryan Chau

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 44 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, has been recently published on the podcasting sites! Episode 44 features Bryan Chau, First Vice President of Asian Youth Center.

Episode Description:

Bryan Chau was born and raised in the San Gabriel Valley and was part of AYC programs as a youth.  Growing up as an economically disadvantaged minority in a combative environment, he was met various challenges, but through AYC’s Youth Development programs, those challenges became lessons and pillars by which he lives his life now.  These pillars have led Bryan to graduating from Gabrielino High School with numerous extracurricular accolades and graduating from Cal State Long Beach with dual degrees in Finance and Human Resources. With a strong gratitude to AYC for developing him during adolescence and a devoted passion for helping youth, he has come full circle in joining the AYC’s Board of Directors in 2016.

Bryan is currently the Vice President of Business Operations at Acceler8Networks, an infrastructure-based IT consulting firm, where he develops and maintains best-in-class operational practices, including planning, budgeting, process and procedures, personnel management and technology solutions. Prior to that, he worked for a Fortune 500 staffing firm with international prominence and won their prestigious President’s Club Award two years in a row, ranking #20 & #17 globally.

Bryan has a true passion to empower our generation’s youth by helping them realize their full potential through mentorship and speaking on his own experiences as a challenged youth.  He gets true gratification by helping our youth overcome hardships while turning them into successes.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.

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NHTSA to Investigate Tesla Autopilot Crashes

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]The National Highway Transportation and Safety Administration (NHTSA) has opened an investigation into Tesla's assisted driving system known as Autopilot.  According to NHTSA, there have been 11 identified incidents involving Tesla vehicles using Autopilot or its adaptive cruise control system and parked emergency vehicles.  The investigation will include Tesla Models S, X, Y, and 3 for model years 2014-2021. Tesla's Autopilot has been frequently accused of being poorly named, as autopilot implies that the vehicle can drive itself.  There have been numerous reports of Tesla drivers abusing Autopilot, including driving drunk, sleeping behind the wheel, and even an infamous incident in California where a driver was riding in the backseat while Autopilot was enabled.  If used properly, however, Autopilot appears to significantly reduce the risk of a crash.  Tesla has recently implemented a safety feature that includes monitoring drivers to ensure they are paying attention to the road while the vehicle is in Autopilot mode. The NHTSA investigation will seek to determine if there is a specific flaw with Tesla's driver-assist features.  Most of the crashes that will be investigated occurred at night and involved safety equipment, including road flares, road cones, and an arrow board.  Seven of these collisions resulted in 17 injuries and one fatality.  NHTSA has investigated at least 25 crashes resulting in 10 deaths involving Tesla's using Autopilot since June 2016. See the full news story here. Driver-assist features such as Tesla's Autopilot and adaptive cruise control do likely improve overall driver safety.  But when an accident does occur, it makes sense to investigate what may have happened, as these types of incidents can reduce consumer enthusiasm for autonomous vehicles.  It is expected that the adoption of autonomous vehicles, whenever it may happen, will drastically reduce the number of auto accidents. The victims of auto accidents are entitled to medical care, vehicle repair, lost wages, and compensation for their pain and suffering.  The Law Offices of Scott Warmuth helps those who have been injured in car crashes pursue their case.  We offer free consultations, so if you have been injured in a car accident, call 888-517-9888 today.[/vc_column_text][/vc_column][/vc_row]
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Immigration Again Enters the National Political Discourse

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The US Senate passed a $3.5 trillion budget resolution on Wednesday.  While the resolution itself does not change any laws by itself, it sets in motion a process that could affect many corners of the economy, including job creation, action on climate change, and strengthening of the social safety net.  Two particular items in the resolution could also affect immigration laws in the United States.  Included in the resolution were the bulleted items "Lawful permanent status for qualified immigrants" and "Investments in smart and effective border security measures". Further clarity on the inclusion of the immigration-related text in the resolution was not provided.  It does not mention who would be affected by the legislation if it were to become law, nor how any program would be implemented.  It also does not mention eligibility requirements.  The budget resolution is also likely to change moving forward and its ultimate passage is not clear.  The inclusion of the text, however, indicates possible legislative action that would likely benefit foreign nationals who wish to live and work in the United States legally. See the full budget resolution here. The fate of the budget resolution, and its provisions on immigration, will be unknown for the near future.  Many political experts believe that a reconciliation bill, which would utilize the budget resolution, faces many challenges.  One such challenge would be whether or not an immigration-related item would be allowed in the final version of the bill.  Among other items included in the budget resolution were expanded paid family and medical leave, meaning if passed, employment law could also experience change. The Law Offices of Scott Warmuth has been helping immigrants live and work legally in the United States since 1984.  Our immigration attorneys carefully monitor any potential changes in the law so we can better serve our clients.  Our dedicated team provides free initial consultations, so do not hesitate to call us at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Workers’ Compensation is Available to Every Worker

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]The Law Offices of Scott Warmuth has been helping immigrants live and work legally in the United States since 1984.  Our immigration lawyers are often asked about other areas of law in the US and how it might apply to them.  One particular concern is what might happen if an immigrant worker suffers an injury on the job and is unable to work.  Many immigrants to the country work labor intensive jobs and may only have one income to support an entire family.  Fortunately, workers' compensation benefits are available to injured workers regardless of immigration status.  Citizens, immigrants, and even undocumented immigrants all have access to workers' compensation in the event of an injury in California. Every injured worker of every immigration status should immediately report a work injury and contact a workers' compensation law firm.  Failure to report a work injury in a timely manner can negatively affect benefits and make recovering from the injury more difficult.  Employers are strictly prohibited from retaliating against any worker for reporting an injury, regardless of how the injury happened.  Workers are also protected from employers that do not carry workers' compensation insurance as required by law, also regardless of immigration status. Any worker injured during the course of his or her duties in the state of California is allowed to pursue workers' compensation benefits, including medical care and disability pay.  Immigrants who are injured while working can seek temporary disability while treating their injuries, offering a potential lifeline during the difficult circumstances of potential lost income.  The Law Offices of Scott Warmuth helps injured workers claim these benefits on a contingency fee basis - if we do not win your case, you do not owe any legal fees.  We also provide free consultations, so call us today at 888-517-9888 to speak with our experienced team.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 43 – Camden Crane

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 43 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, has been recently published on the podcasting sites! Episode 43 features Camden Crane, Personal Trainer.

Episode Description:

From trial to bike, pool, studio, or weights, Camden Crane is not new to the fitness world. Trained early on in the competitive world of dance and soccer, she constantly works for peak strength and mobility. As a Personal Trainer she’s committed to empowering her clients to set personal and challenging goals to achieve their own peaks, focusing on the whole body, mind, and soul connection. Living in Ethiopia for 4 years working with street kids, Camden witnessed the transformation that happened when we use fitness to connect, build and thrive!

To her clients Camden is also known as Wonder Woman as she battles an auto-immune system disease and has a pacemaker nicknamed The Wonder Pulse, but still kicks it in the gym and maintains a positive attitude despite her circumstances. The motto she lives by is OMMS – Obstacles Make Me Stronger. She attributes her success to her ability to empathize and have compassion for her clients.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.

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Covid-Related Employment Law Stories in the News

Topics: Employment Law

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Two news stories involving the intersection between the COVID-19 pandemic and employment law have been recently reported.  The Law Offices of Scott Warmuth has previously discussed both circumstances found in these recent news stories.  Issue 1: Your employer can fire you for not being vaccinated.  Issue 2: Exaggerating illness can lead to termination and possible criminal charges. It was reported on Thursday that CNN had fired three employees for coming in to work at one of the company's offices while unvaccinated.  The news came to light when a memo was sent to company employees by CNN President Jeff Zucker.  The memo specified that company policy states that vaccines are mandatory if an employee could come into contact with another employee and that there is a zero-tolerance policy on the issue.  CNN does not require proof of vaccination for its workers yet, so it was unclear how the fired employees were determined to be unvaccinated. See the news article here. It was reported on Wednesday that a firefighter for the city of Dallas was charged with felony theft for requesting and receiving paid time off for falsely claiming to have tested positive for the coronavirus.  In March, the accused firefighter reported to his work that his wife had tested positive for the coronavirus.  His work accepted his report, providing him paid time off.  After a week, the firefighter again called the department and reported his daughter had just tested positive and was granted an extra week of paid time off.  Then, two days prior to his expected return, he reported that he himself had tested positive.  He was granted another week of leave.  In total, the firefighter was granted over $12,000 in paid leave. After his return, the firefighter was asked for documentation of the positive coronavirus tests for him and his family.  Unable to produce them, he admitted to making the entire episode up.  According to bank records, at least part of his paid leave was spent on vacation. See the news article here. Employment law protects workers from employer misdeeds, including wage and hour violations, and from discrimination based on protected classes.  At this time, vaccination status is not considered a protected class, so if your employer demands proof of vaccination as a condition for your employment, they have the legal right to terminate you if you cannot meet that demand.  If you have questions about employment law or believe yourself to be the victim of workplace discrimination or pay violations, call the Law Offices of Scott Warmuth today at 888-517-9888 for a free legal consultation.