employment attorney

EEOC Issues New Retaliation Guidance for Workers

September 28, 2016 | by Nassiri Law

For the first time in nearly two decades, the U.S. Equal Employment Opportunity Commission (EEOC) has revised its guidance on the issue of workplace retaliation. This is an important issue because retaliation is the most frequently-alleged basis of discrimination in federal lawsuits. It occurs when an employer fires, demotes, harasses or otherwise takes an adverse employment action in retaliation for a worker alleging discriminatory conduct.

The new EEOC Enforcement Guidance on Retaliation and Related Issues broaden and clarify the definition of what protected activities are. It also outlines the seven U.S. Supreme Court decisions on retaliation that have been handed down since the agency’s last update on the issue back in 1998. The new guidance notes certain expansion of retaliation rules based on changes in case law. Continue Reading ›

Report: More Litigation Involving The Status of Uber and Lyft Drivers

June 26, 2016 | by Nassiri Law

There has been a lot of news lately about the employment status of ride-sharing drivers for services such as Uber and Lyft. The issue is whether these workers are employees or independent contractors. If they are classified as independent contractors, they are not entitled to benefits and overtime pay. For obvious reasons, the employers want to classify their drivers as independent contractors.

Another reason that ride sharing companies want these drivers to be classified as independent contractors is because, if they are, then the company does not have to maintain insurance for the drivers and are not liable for any damage caused by the drivers. There have been several cases before the employment commission in Los Angeles where the commission determined that these drivers were employees and not independent contractors. While this certainly turned a lot of heads in the industry, it did not have any precedential value beyond the instant case. Continue Reading ›

LA Employers to Pay Higher Wages and Offer More Sick Days

June 19, 2016 | by Nassiri Law

During the nearly completed primary season and prior to the upcoming presidential election, we have been hearing a lot about what the federal minimum wage should be and what other benefits should be provided to every employee across the country. Regardless of what ultimately happens with the federal election, Los Angeles has been at the forefront of fighting for workers’ rights to fair and appropriate compensation for quite some time.

As discussed in a recent news feature from the National Law Review, beginning on the first of July 2016, employers who have more than 25 employees will be required to pay higher minimum wages and provide at least six sick days (paid) to each employee per calendar year. For employers with less than 25 employees, they will still need to provide the paid sick days, but they can wait until July 1, 2017 to implement the increased minimum wage. Continue Reading ›

California Restaurants to End No Tipping Policy

June 3, 2016 | by Nassiri Law

About a year ago, the owners of several high-end restaurants in California and New York decided that they would institute a strict “no tipping” policy for all restaurant employees and instead pay the servers and other workers a higher hourly wage.

This no tipping model was created as a way to help workers earning what is often referred to as a living wage. The model was based on the typical plan in which restaurant workers get paid. Employees earn a very low minimum wage (typically less than $3 per hour) and then earn tips on top of that hourly wage. If the server does not earn enough in tips to equal the standard minimum wage for workers who do not earn tips as a substantial part of their wages, then the employer pays the difference. Continue Reading ›

United Auto Workers Union Sets Sights on Tesla Motors California Factory Workers

May 27, 2016 | by Nassiri Law

When we think of an electric car, several economy models like the Chevrolet Volt, the Nissan Leaf, or Toyota Prius might come to mind. However, for those looking for a higher end luxury or sport model electric car, a Tesla might be a better option. Two of these new model Teslas are the Model S and Model X, and they are being made in a factory in California according to a recent news article from ET Auto.

Unlike workers at the Detroit big three automakers and the foreign car companies with manufacturing plants in the United States, Tesla employees are not working in a union shop as of this time. The United Auto Workers (UAW) union hopes to change that by enrolling enough employees at the electric car factory to have the plant declared a union shop. Continue Reading ›

SuperShuttle Files Lawsuit in California Over Worker Classification

May 24, 2016 | by Nassiri Law

According to a recent news feature from the Los Angeles Times, SuperShuttle has filed a lawsuit in California to get all of its many drivers classified as independent contractors. There are a variety of reasons for this, but it is primarily because company leaders do not want to have to carry liability insurance for their drivers and do not want to be responsible for any negligence committed by any other drivers. Company administrators to avoid paying workers’ compensation or having to spend money on workers’ compensation insurance.

When we hear the term ridesharing, we often think of Uber or Lyft. These companies allow a rider to go on his or her smartphone and request a ride. The driver will show up in a car that is self-owned and does not have any logos or paint scheme related to the ride sharing company. Originally, Lyft drivers would have a large pink mustache affixed to the front of their car, but the company seems to be getting away from that. Continue Reading ›

California Supreme Court Orders Employer to Let Workers Have a Seat

April 10, 2016 | by Nassiri Law

Every time we go into a retail establishment we see workers standing at the register. There is no real reason that these workers can’t be sitting in a chair other than due to the fact that they have always been required to stand. However, just because it has always been done a certain way to does it make a good reason to doing that something that doesn’t make a lot of sense.

While this seem like a trivial issue, those who worked as a cashier know how painful it can be to stand in the same spot for hours on end. While store owners realize it is painful and are often willing to provide a rubber mats for employees to stand on, they are not ever willing to allow these workers to sit in a stool or chair while working the register. Continue Reading ›

Los Angeles Franchise Owners Apprehensive about Joint Employment

March 23, 2016 | by Nassiri Law

Most everyone in the U.S. has eaten at a McDonald’s restaurant at least once in their life. While most are aware that many fast food locations are franchises, they probably have not given much thought to how that works.

While a portion of the locations are company owned, meaning they are owned, operated, and staffed by company employees, more than half of the locations are franchised. This means that a person who wants a McDonald’s franchise, for example, can apply for a license from the company if they can meet all of the requirements. This can include going to a training program, paying several hundred thousand dollars, and even purchasing land and giving it to the company. Continue Reading ›

California Job Market Predicted to Grow Over Next Two Years

February 17, 2016 | by Nassiri Law

Over the past few years, we have seen a lot of job growth in California, including the greater Los Angeles area. A recent news article from the Los Angeles Times suggests that we will continue to experience significant job growth as the economy continues to improve, but that growth will be slower over 2016 and 2017 than it had been in the 2015.

The Los Angeles County Economic Development Corporation has just released its annual comprehensive report that predicts the 7 percent unemployment rate, which we have now, will fall by just over a point by next year. Continue Reading ›

Top 5 Areas the EEOC is Pursuing Litigation to Protect Workers

January 15, 2016 | by Nassiri Law

Companies need to be aware of areas where the Equal Employment Opportunity Commission is cracking down. As Business.com explains, the EEOC is “notorious” for initiating court action against employers, sometimes over more minor infractions.

Employers should be aware of specific areas where EEOC is focusing its attention, and tracking litigation trends from the agency can help companies to keep abreast of the EEOC’s focus. Employees should also be aware of the steps EEOC is taking to provide them with important protections from a wide variety of discriminatory actions on the part of companies.