Lee R. Feldman

Feldman said anger is a key motivator in his line of work.

As a plaintiff’s lawyer, he’s had a front row seat to how workers have been discriminated over the years and nowadays he said some companies are reprimanding workers for being ill — even, for example, asking for time off to fight a migraine. This could happen after years of loyal service, he said.

“Then they get sick or they complain about something and all of a sudden they’re out the door,” Feldman said. “They feel like they’re powerless and have nowhere to turn.” This month, he’ll find out whether 15,000 employees in a case against the County of Los Angeles will be certified. Feldman said those workers were required to answer extremely personal questions during the application process.

“They have a list of 75 of the most intrusive medical questions, including, ‘Have you ever missed work due to menstrual issues? Have you ever had counseling or therapy?’” Feldman said. “Literally any kind of medical question you can think of.” Valentine v. County of Los Angeles, BC602184 (L.A. Super. Ct., filed Nov. 24, 2015).

In 2016, he won $8 million from sporting venues after they recruited vendors to sell food and drinks at events and concerts. Noe v. Sarnoff, Levy Premium Feed Services and AEG, BC486653 (L.A. Super. Ct., filed June 14, 2012).

Feldman was able to show the defendant misclassified them as independent contractors and failed to pay them minimum wage.

One major change on the horizon stems from a U.S. Supreme Court ruling in May, which makes it so that class action waivers are enforceable when an employer has one-on-one arbitration with an employee. Epic Systems Corporation v. Lewis, 2018 DJDAR 4705 (May 21, 2018).

“It’s going to be very difficult to find enough employees that are willing to bring individual claims,” he said.

— Arin Mikailian