Land’s End Uniforms Causing Toxic Chemical Exposure To Delta Employees

What to do when the spiffy new Lands End Delta Uniforms make you severely ill? We at L&B Law Group are here to help.

All you want to do is your job with dedication and the right attitude.  Unfortunately, the modern new Lands End Delta uniform, which is supposed to be the latest in wrinkle resistant, anti-static, and deodorizing comfort is instead a serious health risk that might land you in the hospital.

The new Lands End Delta uniforms were distributed to 64,000 Delta Employees, including 24,000 flight attendants and 40,000 airport customer service ticket and gate agents, Sky club workers, Airport Customer Service ramp agents, Delta Cargo, GSE Maintenance and Delta TechOps employees.

Lands End was allegedly aware of these problems during contract negotiations.

Although Delta employees did not experience any health problems in prior uniforms, shortly after the new Lands End uniforms were introduced on May 19, 2018, Delta employees began experiencing severe reactions, causing grave concern for their health and well being:

  • Thousands of Delta employees have reported these uniform problems
  • Flight attendants have been forced to leave their flights mid-trip and required emergency medical care including difficulty speaking and breathing
  • The National Institute of Occupational Safety and Health (NIOSH) issued a Health Hazard Occupation Report concluding that (possibly) toxic chemicals in the uniforms have caused skin symptoms among Delta employees.
  • Additional testing of the uniforms has revealed the presence of chemicals and heavy metals far in excess of industry accepted standards.
  • Chemicals in the uniforms may include Chromium, Antimony, Mercury, Formaldehyde, Fluorine and Bromine.  These chemicals are known to cause severe personal harm.

This Case is Against Lands End only and NOT Delta Airlines.

Connecting with an Attorney Experienced in Handling Delta Toxic Uniform Cases. Exposure to the toxic chemicals in the Lands End Delta Uniforms can lead to serious, potentially permanent health problems for years. This is why it’s essential for those victimized by this chemical exposure to seek legal representation from an experienced law firm.  At L&B Law Group, we have the necessary experience to handle these potentially complex chemical exposure uniform cases. Contact us today for a free consultation.

Why Filing a Police Report After an Accident is Essential

Many of us have been in this scenario: A car collision occurs, and the other motorist discourages contacting the police. Perhaps the other motorists says the accident isn’t that serious, or that he or she is pressed for time.

You might feel pressured to agree, or feel like you’re doing the other person a favor. Yet in most cases, you’d be making a mistake — and one with potentially serious consequences.

The Need for a Post-Accident Police Report

Police reports are key documents in terms of establishing the facts of a collision. Insurance companies, attorneys and courts rely on these reports to provide information about the circumstances of a collision. If you’ve been in a collision and the other driver was at fault, failing to secure a police report may weaken your case when it is time to negotiate or go to court.

What if the Accident is Minor?

Accidents that seem minor at first glance often become far more serious with time. For example, a collision that results in minimal obvious damage to a car and no injuries to a person may make a police report seem superfluous. Why wait and waste time? The truth, however, is that even a seemingly minor collision may cause substantial problems down the road.

Structural damage to a vehicle may not be readily apparent following a collision, for example. This damage could result in thousands of dollars in repair bills. More significantly, injuries from collisions may not manifest until days or weeks have passed.

Without a police report, you will likely be at a significant disadvantage moving forward if either of these things occurs to you. A police report is regarded as a more objective version of events, and is a cornerstone document in accident litigation and insurance claims processing.

This means that except in the most glancing of collisions, you should always insist on documenting the incident with a police report.

Finding the Right Pasadena Auto Accident Attorney

At L&B Law Group, we have a long track record of helping those injured in auto collisions and other accidents. If you’ve been affected by another person (or company’s) negligence, we urge you to contact us today.

Emerging Technology Meets Emerging Law: Understanding Driverless Car Accidents and Liability

In a little more than a decade, autonomous (or self-driving) vehicles have gone from the stuff of science fiction to an everyday reality. Some of the largest technology and automotive companies across the world (Tesla, Google, Uber etc.) are busy testing fleets of self-driving cars and trucks. Some observers predict that in as little as 15-20 years, the majority of vehicles on US roads (and even planes in the sky) may be autonomous.

Yet this also raises a critical issue: What happens when these self-piloted vehicles crash and cause fatalities? How is liability determined?

Sadly, it’s a scenario we’ve already seen unfold.

Deaths, Injuries and Liability Issues Associated with Autonomous Vehicles

Drivers using Tesla’s “autopilot” feature have been responsible for several deaths, outlining the risks of taking your eyes off the road and handing the wheel to a still immature AI technology. Uber, too, was involved in a recent incident where a self-driving test car ran over a pedestrian, killing her. As driverless cars become far more prevalent on US roads, the number of accidents, injuries and deaths will grow exponentially.

This raises an interesting question: In situations where autonomous accidents are involved, how do we assign liability?

In the case of Tesla’s autopilot feature, both man and machine seem to be jointly responsible for the safe operation of the car. The human driver needs to know when to safely engage, and disengage, the autopilot feature.

In cases where a vehicle has full automation, however, the question of liability is more complex. Assuming the pedestrian or the other driver is not at fault, do we assign liability to the company that operates the autonomous vehicle? Or the company the built the vehicle? Or, if the code used to pilot the vehicle was developed externally, might that third-party company ultimately be responsible?

Ultimately, the issue of AI-liability is likely to be a complex web — and one of the most interesting emerging areas of law.

 Finding the Right Personal Injury Law Partner

At L&B Law Group, we’ll be keeping a close eye on autonomous vehicles and their safety record. While today’s automotive and technology companies are aiming to make transportation more efficient, our mandate is to help protect victims of road-related negligence.

If you’ve been injured in a vehicle accident (autonomous other otherwise), please don’t wait to contact our law firm today.

What is the Deadline for Filing a Lawsuit Against My Employer in California?

Employment discrimination is often a traumatic experience with devastating financial, mental and emotional after-effects. Yet there’s something that can make this experience all the more difficult to ensure — being unable to pursue compensation for the discrimination you’ve suffered.

That’s the exact scenario facing people who fail to file legal action before the statute of limitations expires.

Let’s take a closer look at how the statute of limitations works in California, and how you can avoid being locked out of the legal system if you’re unfortunate enough to suffer from the illegal actions of an employer.

Statutes of Limitation Explained

A statute of limitation is simply a deadline before which a certain legal claim must be filed. Prospective litigants who fail to file their case before the relevant deadline risk losing the right to their day in court.

These statutes vary from jurisdiction to jurisdiction, and they are also variable within a single jurisdiction.

In California, employees must seek a Right to Sue letter from the California Department of Fair Housing (FEHA) before moving forward with litigation. Historically, employees have had only 12 months to file an administrative complaint with FEHA in order to receive this letter.

However, the recently passed State Assembly Bill 9 extends this window to three years for most employment violations.

Once FEHA grants a Right to Sue notice, you have one year to file a case in court. Court cases may be brought for the following violations:

  • Defamation and labor code violations
  • Wrongful termination or retaliation
  • Failure to pay wages and fraud
  • Breach of a written contract

Are There Exceptions to Statutes of Limitations?

In some cases, the answer is yes. Certain situations may cause the timer on the statute of limitations to stop running. Additionally, if an employer continues to violate the law the statute may not precisely apply.

Some litigants may also enter into so-called “tolling” agreements with employers. These agreements essentially extend the normal timeline in an effort to help both parties reach a mutually agreeable settlement.

Finding the Right Employment Law Attorney

At L&B Law Group, we have the experience to litigate even the most complex employment law cases. If you’ve been the victim of workplace discrimination, don’t let the clock run out — contact us today for a consultation.

Where and When Do Auto Accidents Occur Most Frequently?

If you’ve ever wondered which areas and times present the highest risk for auto collisions, read on.

If you want to avoid getting injured in a car crash, it pays to know where you’re most likely to find one. With that in mind, let’s review a list of the most common locations and times for serious auto collisions.

Close to Home is the Danger Zone

 Roughly one-third of auto accidents occur between one and five miles from the victim’s home. This is primarily because we do a lot of our driving in this area. If you expand the radius to ten miles, it encompasses 70-percent of all collisions.

The moral of this story? Proceed with added caution when you’re traveling near you home.

Rush Hour Equals Accident Hour

Heavy traffic volume is one of the most common factors involved in serious collisions. This means that motorists need to be particularly vigilant when traveling during morning and evening rush hours. It’s estimated that 16-percent of all auto fatalities occur between 3 p.m. and 6 p.m. — prime time for highway traffic.

Holiday Season is the Reason for More Collisions

Nobody wants to receive the unwanted gift of a serious injury during the holidays. The truth, however, is that auto accidents spike during the holidays. One reason for this is the extra traffic on the roads. On holidays such as Thanksgiving and Christmas, people drive across the country to visit relatives. On Halloween, the number of pedestrians and kids roaming the streets skyrockets. On Memorial Day and Independence Day, drinking and driving arrests increase.

The bottom line? Drive with extra caution during the holiday season.

Rural Roadways Pose a Risk

While country roads may be a beautiful way to take yourself home, they also present risks. The fatality rate on rural highways is higher than that of urban roads. While they have much less volume, they are often less well-maintained. Additionally, rural roads often feature higher speed limits and more difficult terrain to navigate.

Intersections Can Be Dangerous

It’s natural that intersections pose a risk for motorists — after all, the flow of traffic is coming in multiple directions, and not everyone obeys traffic laws, As a result, roughly 15-percent of all car accidents occur at intersections. When you are coming and going, it’s important to slow down and remain situationally aware.

Working With the Right Personal Injury Attorney

At L&B Law Group, we have the experience to handle even the most complex auto accident cases — and the compassion to treat you with the sensitivity and respect you deserve. If you have been injured in an auto accident, please contact us today for a free case evaluation.

What is a Legally Protected Disability in California?

You might already know that it is illegal for your employer to discriminate against you because of a disability.  The definition of a disability under the California Fair Employment and Housing Act (FEHA) is not very clear and may leave you wondering if your medical issues are protected under FEHA.  This article will help.

What Disabilities Are Protected?

Disabilities include physical conditions which impact your ability to participate in major life activities. It is enough that your impairment makes a life activity (such as working, or other physical and mental tasks) “difficult” compared to the normal or average person without such impairment.  Mitigating measures are not considered when determining whether a person is disabled.  For example, if you have a vision disability, but see fine with glasses, you are still considered disabled under discrimination law.

Unlike federal law, which requires that a disability “substantially” limits a life activity, under California law (known as FEHA) a disability only needs to “limit” an activity. This means that some conditions which don’t qualify as a disability in federal court or other states may be protected in California.

Physical disabilities, such as an orthopedic problem, and illnesses, such as a cardiovascular condition or a pregnancy-related problem, are protected disabilities.  Even mental disabilities which limit a major life activity are also protected.  Some disabilities are specifically protected, including: clinical depression, bipolar disorder, emotional or mental illness, intellectual or cognitive disability, organic brain syndrome, learning disabilities, autism spectrum disorders, schizophrenia, post-traumatic stress disorder and obsessive-compulsive disorder.

Who is Protected?

Of course, disabled employees are protected from disability discrimination by their employers.  But there are other situations where you may be protected which you might not know about.  FEHA protects you if you are regarded as disabled, even if you’re not.  This includes when an employer erroneously or mistakenly believes an employee is disabled.  For example, a court held that an employee could be “regarded as disabled” for having shoulder pain, whether the shoulder pain was actually disabling under the law.

Even independent contractors are protected from disability harassment.  So, if you work as an independent contractor, and the contracting company harasses you because of a disability, they might be liable in court.  FEHA also protects applicants to a position from disability discrimination.  This might become an issue if you have a disability which is apparent, such as use of a wheelchair or a speech impediment and you feel you were not hired because of it.

How Are You Protected?

Disability discrimination can take many forms.  Discrimination can include termination, suspension, discipline, reassignment, failure to hire or promote, or any other adverse employment action which is due to the employee’s disability.  FEHA also protects against retaliation.  So, your employer cannot discharge or otherwise discriminate against you because you opposed wrongful conduct, filed a complaint, or testified or assisted in a disability discrimination case for yourself or your coworkers.

If you have a disability, your employer also has an affirmative duty to accommodate you.  This means that your employer must provide accommodation if you are able to perform your job with those accommodations.  Some types of accommodations include job restructuring, modified work schedules, providing assistive devices, providing additional training, or allowing assistive animals on the worksite (such as guide dogs or emotional support animals).  Your employer is also required to engage in a “good faith interactive process” to accommodate you, which means that they must have reasonable discussions with you to reach an agreement on what a reasonable accommodation for your disability would be.  FEHA also prohibits harassment based on disability, so people at work are not allowed to make fun of you or give you a hard time due to a disability you may have.

If you think you might have been mistreated at work due to your disability, contact L&B Law Group for a free consultation.

Four Facts About Sexual Harassment Claims You Might Not Know

With many high-profile cases in the news, sexual harassment is one of the most discussed areas of the law. You may have wondered what sexual harassment means, especially if you think you may have experienced wrongful behavior in your own workplace.  News do not always give the full picture of sexual harassment law in California.  Here are four facts you might not know about sexual harassment law in California:

1. Consent to a Sexual Relationship Does Not Prevent a Claim

You might think that agreeing to a sexual relationship with a coworker or supervisor would mean you can’t sue.  Not true!  Your consent to a relationship may not have been truly voluntary.  For example, you may have agreed to a relationship with a supervisor because of job pressure.  You may have worried that you would get fired or otherwise punished if you did not agree to the relationship.  If the sexual advances by your supervisor or coworker were “unwelcome,” you may still have a claim for sexual harassment, even if you went along with it because you were afraid.

2. A Sexual Harassment Claim Does Not Need to Be Based on Sexual Desire

This may not make much sense at first glance.  How can you have a valid sexual harassment claim without acts based on sexual desire?  The reality is that many sexual harassment claims are not based on sexual desire. There may be other reasons for the harassment, such as misogyny, misguided humor, boredom, or a personal vendetta.  For example, mocking a man for his feminine mannerisms, calling him “she” or “her” or saying that he acts “like a woman” can be hostile work environment sexual harassment.  These comments are still “based on sex” and are illegal.  Even if a claim is not based on sexual desire, it still may be wrongful conduct under the law.

3. A Single Incident Can Be Enough for A Claim

With terms such as “hostile work environment” and “severe and pervasive” used in sexual harassment cases, you might assume that you only have a strong case if the harassment is constant or frequent.  Even a single instance of harassment can support a lawsuit.  If the incident involved a physical touching or threat of physical touching, courts have held that even a single incident is “severe” enough to support a lawsuit.

4. You Might Be Able to Bring A Claim Based on Sexual Harassment of Others

Even if you were not the direct target of sexual harassment, you may still have a claim.  Conduct directed at others may still impact your work environment and lead to a hostile work environment if it “permeated” your direct work environment.  In other words, the harassment of others must have happened in your immediate work environment, you personally witnessed it, and it negatively impacted your job.  If you stood up for your harassed coworker and complained about the harassment to your employer, it may also result in a retaliation claim.  If you are fired, disciplined, or otherwise retaliated against for complained about harassment in the workplace, California law may protect you.

California law has broad protections for employees in the area of sexual harassment.  If you think you might have a claim, contact L&B Law Group for a free consultation.