Lot’s Manager May Issue Employees Parking Tickets

Q: My employer recently moved to a new location. There are more than 500 people who work in our building and the company that manages our building also maintains the parking area.

We are required to display a parking placard in our vehicle at all times. We have been informed that should we park in “visitor” spaces, spaces designated for car pools, handicapped spaces or any other area within the campus (there are other businesses on site as well), our cars will be ticketed.

Private security guards who have no legal authority issue the parking tickets, which carry a $30 fine. I think the $30 charge is just a way for the lessor to make more money.

Is this practice legal?

--D.W., Long Beach

A: Yes. As an employee of a company that is leasing space, you are a guest, just like any member of the public who uses the premises.

There is nothing illegal about the leasing company deciding that it will charge for improper use of spaces set aside for disabled persons, car-poolers or other visitors, just as there is nothing illegal about charging for parking on its premises.

If you want to avoid the fines, I would suggest that you avoid parking improperly in spaces designated for disabled drivers or other specified users.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

Is Suit Against Ex-Boss Scaring New Employers?

Q: I was fired from a position about two years ago and filed a lawsuit for wrongful termination. I was hired by another company, based on a favorable professional reference, my resume and interview, but I was not asked to complete an application until my first day on the job. I completed the application accurately, but did not mention the lawsuit.

Two weeks later, I was called to human resources and was terminated because I did not pass the background check. The company refused to provide details.

I have since been hired at another company, but I am haunted by the fear that I will again be fired because of a “background check.”

Do I have the right to a copy of the background check? If so, how do I go about obtaining it?

--J.P., Los Angeles

A: The answer to your question depends on the type of background check your employer conducts.

Employees do have the right to obtain a copy of certain types of investigative reports obtained by employers or prospective employers. The employee is entitled to a copy of a credit report from any consumer credit reporting agency, for example, if the employer used any portion of the report to determine an applicant’s eligibility for employment.

In fact, before an employer may request a consumer credit report for employment purposes, the employer must provide written notice to the person involved. The notice must contain a box that the person can check to receive a copy. If the box is checked, the report must be provided to the person, at no charge, when it is provided to the employer.

If an employer takes any adverse action against any individual, based in part on information contained in a consumer credit report, the employer must provide written notice to the person, as well as the name, address and telephone number of the agency that furnished the report. The individual has a right to dispute the accuracy and completeness of the report.

If your employer has obtained such a report but has not complied with the requirements described above, you may be entitled to bring an action against the employer to recover such damages as court costs, loss of wages, attorneys’ fees and, if applicable, pain and suffering. If you can show that the employer willfully violated the statutes, you may also be entitled to punitive damages of not more than $5,000 for each violation.

You also would be entitled to an investigative consumer report containing information--obtained by any means--on your character, personal characteristics or mode of living. The California Investigative Consumer Reporting Agencies Act would apply to such a report.

Under the California Investigative Consumer Reporting Agencies Act, any employer who requests or receives such a report must notify the applicant or employee within three days, and the applicant or employee may inspect the file maintained by the consumer reporting agency. The employer must also notify an applicant if employment was denied because of information in the report.

Any employer who fails to comply might be liable for actual damages or $2,500, whichever is greater. A plaintiff might also be able to recover court costs, reasonable attorneys’ fees and potentially punitive damages.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

Newly Exempt Worker Bemoans ‘Promotion’

Q: I work for a nationwide food service company and was promoted from an hourly worker to an exempt, junior manager position.

A: year has gone by and I can count on one hand the number of free weekends I’ve had. I am regularly required to work six days a week, most of those 12-hour days. Are there any workplace rules governing how many hours per week salaried employees can be required to work? --W.A., Pasadena

A: There are no limits on the hours an exempt employee can be required to work, but you might not be exempt just because you are a junior manager.

You should determine, for example, whether you spend more than half your time doing exempt work, such as managing two or more people. If your job is more like a “lead foreman,” in which you spend most of your time doing the same work as most of those you supervise, you might not be exempt.

If your position is exempt, show your employer the arithmetic documenting the unfairness of your workload. Often, an employer will reduce its expectations or increase the salary for the position.

--Don D. Sessions

Employee rights attorney

Mission Viejo

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The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.