Blog

  • 1-May-2020

    James DeSimone Cited as Expert on Attorneys Fees

    The State of California Court of Appeals cited attorney James DeSimone as an expert in attorneys fees in a recent opinion on Caldera v. CDCR. This establishes that Attorneys’ Fees in Counties such as San Bernardino should be the same as fees awarded in Los Angeles, California. Caldera also attached a declaration by James DeSimone, […]

  • 27-April-2020

    James DeSimone & Courtroom Etiquette Team Up on Zoom

    Click here to register for our Webinar on “How to Survive and Thrive in Tough Times” Wednesday, April 29th 3:00 PST WEBINAR TOPICS COVERED:  1)  How to stimulate your law firm. Let’s survive and thrive and emerge stronger during these challenging times.  2) Tried and true principles of being a successful Plaintiff’s Attorney: The attributes […]

  • 18-April-2020

    COVID-19 and the Right to a Safe Workplace

    This article was originally published on the California Employment Lawyers Association (CELA) blog on April 17, 202 here. This past week, nurses at UCLA’s Santa Monica Hospital protested publicly for not receiving adequate personal protective equipment (PPE). Similar protests have been popping up all around the country as front-line workers demand that employers take appropriate […]

  • 6-April-2020

    UCLA Hospital Alleged To Discriminate Against Its African American Phlebotomists

    On April 3, 2020, V. James DeSimone Law filed a discrimination and hostile work environment lawsuit on behalf of Takesha Essombe, an African-American phlebotomist working at UCLA Hospital in Santa Monica and Westwood.  The lawsuit, titled Takesha Essombe vs. the UC Regents, Case No 20STCV13204, alleges that her Supervisors and coworkers engaged in a pattern […]

  • 23-March-2020

    7 Ways Sexual Harassment Can Occur Indirectly in California Workplaces

    In many cases, sexual harassment is overt and obvious, and the abuser has directed their actions, behavior, or verbal abuse specifically towards one person. In these cases, the victim of sexual harassment has a clear legal right to pursue charges regarding the fact they suffered direct sexual harassment and abuse especially when the abuser is […]

  • 13-February-2020

    Can You Film A Police Officer in California When You Are Stopped for Questioning?

    In most cases, in the State of California, a person can film a police officer when they are stopped for questioning. There are many reasons someone would choose to film a police officer. Perhaps they believe they have been wrongfully stopped while driving, or a police officer is wrongly accusing them of a crime. Perhaps […]

  • 22-January-2020

    Using California’s Civil Code To Prosecute Civil Rights Cases

    “Using California’s Civil Code To Prosecute Civil Rights Cases” written by attorney V. JAMES (“JIM”) DESIMONE, and published in Consumer Attorneys of California Forum in March/April, 2018. Click here to view the original published article.  Using California Civil Code Section 52.1 in conjunction with California’s Labor Code and Other Statutes When Yowan Yang walked into […]

  • 17-January-2020

    Dealing with Discrimination as an Independent Contractor in California

    Typically, claims of discrimination or harassment are brought by employees against their employers under state laws like California’s Fair Employment & Housing Act or Family Rights Act or federal laws such as the Family Medical Leave Act, Americans with Disabilities Act, Civil Rights Act of 1964 or the Age Discrimination in Employment Act (ADEA). With […]

  • 15-December-2019

    Dealing with Verbal Abuse in California Workplace

    Almost one-third of all employees in the workforce have been verbally abused at their place of employment according to the research done by the Workplace Bullying Institute. Other studies show that over 65 million Americans have been affected by verbal abuse in the workplace. The State of California prohibits verbal harassment in the workplace as […]

  • 12-November-2019

    Interviewing While Pregnant: Your Legal Rights in California

    As a woman in the workplace, you have the right to be free from any kind of discriminatory behavior based on pregnancy, related medical issues, or childbirth. The 1978 Pregnancy Discrimination Act is a federal law that protects women from being fired or discriminated against for any of the above-mentioned reasons. Additionally, Title VII of […]

  • 31-October-2019

    Family of 9-Year-Old Forced to Urinate in His Pants at School File Lawsuit Against Los Angeles Unified School District

    October 31, 2019, Los Angeles, CA – The family of a 9-year-old boy who was denied access to a bathroom and subsequently wet himself and who was later forced to wear a garbage bag in his after-school program has filed a lawsuit against Los Angeles Unified School District (LAUSD). The student (K.D. to protect the […]

  • 16-October-2019

    Knowing Your Rights in a Corporate Culture of Forced Retirement in California

    The Age Discrimination Employment Act (ADEA) was enacted to protect any worker over the age of 40 from discrimination based upon their age. Under the ADEA, an employee may not be forced to retire when they meet a specific age. While certain exceptions to this rule exist, you should know your rights especially if you […]

  • 14-September-2019

    What to Do When Your California Employer Does Not Respond to a Harassment Complaint

    You’ve endured countless days, weeks, or maybe even months of harassment at work. Finally, you decide to make a sexual harassment complaint at work to your human resources department or manager. The sense of relief fades quickly, as you realize that your official complaint has fallen upon deaf ears. No action has been taken against […]

  • 9-September-2019

    How to Handle Gender-Based Harassment in the Workplace

    While we, as an American society, have made great strides in the fight for gender equality, there are still some significant concerns regarding gender-based harassment in the workplace. In fact, as of 2017, approximately 42 percent of women working outside the home reported experiencing some form of discrimination based on their gender. We commonly think […]

  • 7-September-2019

    Afraid to Blow the Whistle? Protecting Employees Against Retaliation

    Reporting your employer for unfair employment practices, such as unfair hiring, firing, or other employment practices, or harassment is often a stressful and emotional experience. If you are concerned about retaliation from your employer due to your reporting of unfair employer practices, that fear can add another layer of stress to this experience. If you […]

  • 31-August-2019

    California Civil Rights Attorney Vigilantly Fights For Disabled Employees’ Rights

    Person with physical, intellectual or mental challenges, under the 1990 protections of the Americans with Disabilities Act (ADA),  are entitled to the same opportunities and privileges as non-disabled employees. ADA prohibits discrimination by employers because of a worker’s disabilities, as defined by U.S. Code § 12102. Under ADA, an employer is required to provide “reasonable accommodations” to […]

  • 23-August-2019

    5 Important Steps to Take When Your Employer Fails to Pay You

    Sometimes, when an employee is not paid for the work he or she completed, it is a simple mistake on the employer’s part. Perhaps hours were entered incorrectly, time sheets were misplaced, or another relatively reasonable mistake occurred due to basic human error. However, if you bring the issue to your employer and they do […]

  • 17-August-2019

    What to Do When Your California Employer Doesn’t Pay You on Time

    All employers in the State of California have a legal obligation to pay their employees the entire amount of wages owed for the time that they have worked and pay these wages in a timely manner. California employment laws and Labor Code protects worker’s rights to compensation, which includes the timeliness of wage distribution. When […]

  • 16-August-2019

    A fight against a culture of discrimination and harassment within the Los Angeles World Airport Police

     Our dedicated attorneys take on discrimination. Read more in this article from the the Los Angeles Sentinel.

  • 15-August-2019

    7 Signs You’re in a Hostile Work Environment

    Do you dread going to work every day because you are constantly harassed, shamed, or belittled at the mercy of others in your workplace? You are not alone. Unfortunately, as of 2017, one in five employed Americans stated that they currently work in a hostile work environment. A hostile work environment is a place of […]