employment attorney

California Considering New Regulations to Prevent Workplace Violence Among Healthcare Workers

January 11, 2016 | by Nassiri Law

Healthcare workers, including nurses and home health aids, are one of the groups most at risk of getting hurt in the workplace as a result of violence. Workers within the healthcare profession typically face three times the risk of workplace injuries due to violence compared with the overall rate of such injuries in the private sector.

In light of concerns about their safety, nurses have been lobbying in California for a law which would provider better protections. Sacramento Bee reports that California is moving forward towards becoming the state with the most comprehensive protections for California healthcare workers in the United States.

How to Make a Successful Hostile Work Environment Complaint

January 1, 2016 | by Nassiri Law

Anti-discrimination laws protect employees from discrimination due to their protected class. Obviously, this means an employee can take legal action if he is fired or not promoted because of race or religion, or if a supervisor engages in quid pro quo sexual harassment and tries to trade workplace benefits for sexual acts. These types of discrimination and wrongful behavior can clearly give rise to a legal claim.

There are other types of discrimination, however, which may be more subtle and more difficult to prove but which can be just as damaging– or even more damaging– than discrimination on the part of managers. For example, when a hostile work environment is created on the basis of an employee’s protected status, this can make going to work every day into a stressful and unpleasant experience.

New Employment Laws Taking Effect in the New Year in California

December 5, 2015 | by Nassiri Law

Over the course of 2015, California lawmakers added more than a dozen new laws affecting the employer/employee relationship. Many of the new regulations officially take effect on January 1, 2016. Employers will be expected to follow new regulations from their effective date, so reviewing all new rules and requirements before the new year is important so companies have time to implement required changes.

Employees get many new benefits and protections from the new labor laws passed over the course of 2015, but must be aware of what their new rights are so they can take action in case their employer fails to comply.

Employers Must Update Safety and Compliance to Avoid Surging OSHA Penalties

December 2, 2015 | by Nassiri Law

One of the most important duties an employer has to workers is to make sure an environment is kept safe so the risk of workplace injuries is reduced. Occupational Safety and Health Act (OSHA) sets minimum standards for workplace safety, and has a general duty clause to cover situations where there is no specific rule but where an employer still has an obligation to protect against hazards. Employers who do not follow OSHA rules can be cited and fined by the Occupational Safety and Health Administration (OSHA). However, OSHA penalties have generally been too low and have not served as an effective deterrent to protect workers.

OSHA penalties are going to go up in 2016, and employers must be aware of the rise and ensure they are taking all affirmative steps necessary to get into compliance with workplace safety rules. Employers should always be following regulations designed to protect staff members, but will now have new incentive to do so as a result of the risk of much higher costs of violations.

Supreme Court Considering Cases Affecting Employment Discrimination Claims

November 23, 2015 | by Nassiri Law

The U.S. Supreme Court heard oral arguments recently related to time limits for filing a lawsuit based on constructive discharge. Courts nationwide have split on the issue of when the clock starts running on the time limit for federal employees to make a claim, and the Supreme Court will now rule and provide a definitive answer so employees will have a better understanding of their rights.

Human Resource Professionals May Not Maintain Confidentiality

November 2, 2015 | by Nassiri Law

Workers may need to discuss many important issues with the human resources department at their workplace. These issues may range from concerns about employee benefits to the potential to take leave under the Family and Medical Leave Act to reports of harassment or questions about what will happen after retirement. Many workers believe the information they provide to human resources will be kept confidential- but this is not always the case.

Employees should not always expect confidentiality from those who they make reports to in human resources. HR may disclose certain information to managers and other staff. However, at the same time, there are some privacy obligations which must be respected under rules like Health Insurance Portability and Accountability Act. Employees who are concerned their privacy has been violated by HR professionals in their worksite should consult with a Los Angeles employment lawyer to understand whether there are any legal implications of the privacy violation.

Confidentiality Requirements and HR

California Employers and Rules for Employee Background Checks

October 26, 2015 | by Nassiri Law

Employers in California may conduct background checks before hiring and when making employment decisions. However, California law protects consumer privacy and restricts the information that can be provided to employers about potential job candidates. There are two primary state laws regulating the information an employer can obtain on an employee: The Consumer Credit Reporting Agencies Act (CCRAA) and the Investigative Consumer Reporting Agencies Act (ICRAA). Because these state laws have differing requirements, employers must be careful to ensure they are in full compliance with the relevant laws and not infringing upon the privacy of their workers when conducting background investigations.

When employers violate consumer privacy rules or make hiring decisions by taking inappropriate private information into account, there can be consequences for the employer. A Los Angeles employment law attorney can provide employees with insight on when hiring, firing, and other job-related decisions can give rise to litigation due to an employer’s inappropriate actions.

California Background Check Requirements for Employers

New Employee Retirement Plan Contributions Announced for 2016

October 21, 2015 | by Nassiri Law

The Internal Revenue Service has announced the new employee retirement plan contribution limits for 2016. The announcement came on October 21, 2015, and employees need to be aware of the new rules applicable to 401(K)s, 403(b), 457 plans, Thrift Savings Plans, IRA limits, SEP IRA limits, and other tax-deferred retirement accounts.

Los Angeles employment law attorneys know that many companies no longer offer defined pension benefits to workers. Individual retirement accounts may be the only option employees have for planning ahead for the future. When employers do offer pensions, however, employers need to abide by rules and regulations set by the Employee Retirement Income Security Act (ERISA). These rules relate to everything from when pensions must vest to reserves employers must set aside to ensure they can fulfill their promises to workers.

New Employee Retirement Plan Contribution Limits

How the “Gig Economy” is Affecting Employment Data

October 4, 2015 | by Nassiri Law

Recently, there has been a lot of discussion about how the economy is growing across the country and in the Los Angeles area. However, unlike in previous periods of economic growth, much of this job growth has been attributed to what is being referred to as “on demand” jobs “or “gigs.” While the term gig has being around a long time, it formerly was used when a band got hired to perform for a night. These days a gig could mean when someone online requests a single service, such as helping to fix a computer problem, or even coming to help put together furniture a customer bought from IKEA.

There are also ridesharing companies, such as Uber and Lyft. These companies get customers to download their apps for their smartphones. When a user needs a ride, he or she can call an Uber, for example. A driver who is working with the ridesharing company will have an iPhone that tells them someone has requested a ride. The ridesharing driver can either accept the request or do nothing. If he or she accepts the ride, then the driver is expected to pick up the rider and take the rider to his or her designation, and the app handles all of the payment, including a tip for the driver. Continue Reading ›

Irvine Water District Employee Claims Workplace Discrimination and Harassment

September 26, 2015 | by Nassiri Law

According to a recent news article from the Los Angeles Times, an analyst working for the Irvine Water District is claiming workplace harassment and discrimination based up both her race and gender.

Employee filed a lawsuit in Orange County Superior Court, alleging that her supervisor at the water district disrespected her on multiple occasions and threatened her like she was his “personal servant.” The Los Angeles Times attempted to reach the supervisor named in the lawsuit and a spokesperson for the water district, and both said they were unaware a lawsuit had been filed. Continue Reading ›