Orange County Employment Lawyers Blog

EEOC Files First Lawsuit Involving “Employer Wellness Programs”

October 1, 2014 | by Nassiri Law

Employers have a number of incentives to impose wellness programs. Some business owners and corporate boards argue that they can lower healthcare costs, boost morale, and improve productivity. Despite the benefits of these programs, employer wellness incentives have been criticized for imposing invasive healthcare tracking policies and charging employees extra when they don’t meet certain standards. Nearly half of large companies have wellness programs, but many are under scrutiny. According to Kaiser Health, the Equal Employment Opportunity Commission brought a lawsuit on behalf of an employee who was punished and fired for refusing to participate in a company wellness program.

The lawsuit filed in federal court was the first to challenge a wellness program under the Americans with Disabilities Act. While many Americans approve of programs that promote healthy behavior, most would also agree that it is inappropriate for companies to force those who do not participate to pay higher premiums. Our Orange County employment law and discrimination attorneys are dedicated to protecting the rights of employees throughout Southern California. We take on cases involving discrimination and retaliation and can effectively protect the rights of employees who have suffered disability discrimination or adverse consequences related to wellness program refusal.

Under the Affordable Care Act, employers can reward or penalize employees who don’t meet specific health goals, including weight loss or reducing high blood pressure. According to federal standards, the standards must also provide a reasonable, alternative standard that allow workers to qualify even if they don’t meet specific outcome. Employers have complained that this loophole makes programs subject to abuse and are unfair to those employees who do meet standards.

Wage Theft Rampant In Low-Pay Industries

September 30, 2014 | by Nassiri Law

In California and nationwide, workers who are already subjected to low wages must also be wary of wage theft, arising from failure to pay overtime and other labor law violations. In the most recent case involving wage theft, hundreds of thousands of warehouse workers stand to collect $21 million in a settlement with a national trucking company. Complaints from these workers are many and varied. Some worked overtime without receiving time and a half. Others worked 60 or 90 days straight without a day off. This case is one of many brought in California and nationwide that illustrate the widespread instances of wage theft in America.

Wage theft may occur in various forms including failure to pay overtime, denial of breaks, and failure to comply with state and federal wage laws. Unfortunately, low wage and immigrant workers are often the targets of these abuses. Fear of losing their jobs or getting deported also make it less likely that the abuses are reported. Our Orange County employment law attorneys are dedicated to protecting the rights of workers throughout Southern California. We understand the significant stress and losses faced by those who have suffered from wage theft. Our attorneys will take the time to review your case, identify the proper course of action, and fight aggressively to recover the compensation that you are due.

According to a recent report in the New York Times, state and federal officials have found that an increasing number of companies are violating wage laws than before. The agencies have had to pursue additional enforcement actions and found that many companies choose to flout wage laws simply because they are motivated by beating out their competitors for higher profits. Authorities say that wage theft is on the rise because of changes in the national business structure, including an increased dependence on subcontractors, temp agencies, freelancers and other classifications that allow employers to cut costs and wage payments.

Report: Rise in Workplace Discrimination Against Muslims

September 29, 2014 | by Nassiri Law

In the United States, many victims of discrimination have come from a wide range of nationalities, beliefs, and ethnic backgrounds. A post-9/11 America created a spike in disparate and discriminatory treatment towards the Muslim population, including racial profiling, hate crimes, and even discrimination in the workplace. According to a recent report published by the state offices of the Council on American-Islamic Relations (CAIR), there were 933 discrimination complaints filed in 2013, up from 824 in 2012. The leading form of discrimination was in the workplace, comprising of 15% of all complaints. Other allegations of discrimination included cases related to immigration and law enforcement. According to the report, many of the complaints were not actually filed by Muslims, but those who were thought to appear to be Muslims based on their skin color or dress.

Religious and racial discrimination in the workplace are illegal. Victims of discrimination should consult with an experienced advocate who can protect their rights. Whether you were denied a position, a promotion, or wrongfully terminated, an experienced attorneys should review the facts of your case and help you take action against a discriminatory employer. Our Los Angeles religious discrimination attorneys are experienced in handling discrimination cases on behalf of employees throughout Southern California. We will perform an immediate investigation, collect and preserve relevant evidence and help you achieve optimal results in your case.

There are many forms of employment discrimination that may arise involving religious affiliation. Under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA), it is illegal for any employer to discriminate against an employee based on religion, race, sex, or national origin. Employers are also required to provide religious accommodations in the workplace. According to the report, employees have faced issues including hostility towards their Muslim beliefs, retaliation for complaining about discrimination, and wrongful termination.

CA Discrimination Watchdog Group Ends “English Only” Claims Policy

September 26, 2014 | by Nassiri Law

Non-English speaking Americans and immigrants may face a host of difficulties when seeking jobs, obtaining employment, or when filing complaints or claims related to discrimination. According to local reports, the California Department of Fair Employment and Housing has finally ended a policy that prohibited non-English speakers from filing claims. The prior policy has been blamed for chilling state-employee discrimination claims, leaving workers vulnerable and unable to seek recourse. The department director made an announcement earlier this month with other department consultants who are responsible for investigating discrimination in housing, disability, and in the workplace.

Two years ago, the department had implemented an English-only computer system that required any claimant (even those without English speaking abilities or without knowledge of discrimination law), to build their own case online and in English. The automated system produced a host of issues and challenges when sorting through allegations, making it more difficult and complicated for legitimate claims to succeed. Our Orange County employment discrimination attorneys are dedicated to investigating allegations of discrimination and helping employees recover the compensation they are entitled to.

The new program will still be paperless, however, claimants will have the option of working with a consultant. According to previous complaints, there wasn’t sufficient time to investigate claims and the system created disparities for non-English speakers. With budget cuts and a shrinking staff, the agency was required to find loopholes to manage the volume of claims. Unfortunately, the automated “Houdini” system cut corners that created significant hurdles for claimants. The system automated many functions that were time-intensive and quickly determined that some claims did not require action.

Transgender Discrimination Linked to Unemployment, Poverty

September 23, 2014 | by Nassiri Law

Sociological studies have often focused on which groups suffer most in America’s labor force as a result of demographics, education, and discrimination. Minorities and youth in today’s workforce have high unemployment rates — but nothing compared to that faced by the transgendered community. According to reports, inequalities and discrimination prevent transgendered workers from finding and keeping good jobs, maintaining benefits, and getting access to adequate health insurance. For members of the transgendered community who suffer from employment discrimination, the impact can be lasting, resulting in long-term unemployment and lost wages.

In the state of California, discrimination based on sexual identity is illegal. Victims of discrimination should take immediate action to protect their rights and recover compensation when available. Our Orange County employment attorneys are committed to protecting the rights of employees throughout Southern California. We understand the plight of the many individuals who suffer from employment discrimination and will review every case to determine whether an employer is in violation of state and federal labor laws. Our priority is to raise awareness to protect worker rights and to prevent future acts of discrimination.

Transgendered Americans have a more difficult time securing jobs and keeping them due to discrimination in hiring. Even after hiring, many individuals become targets of harassment and forced to endure a hostile work environment. Reporting of discrimination can also lead to retaliation and adverse employment action, including demotion or termination. If you believe you have suffered from discrimination in the workplace, an experienced attorney should review your case. While every case is unique and demands a review of specific facts, an advocate can apply the law to your case to determine if you have a legal cause of action.

Supreme Court Rules on Commissioned Employee Exemption

September 20, 2014 | by Nassiri Law

Employment laws and regulations are intended to protect all workers, from low-paying employees to executives. In some cases, higher-wage or salary employees, or commissioned employees, can be exempted from certain legal requirements. In a recent California case, the Supreme Court issued a unanimous decision that clarifies some complexities related to employee commission payment agreements. According to the decision, the existing commission plan set forth by Time Warner Cable did not satisfy the commissioned sales exemption. This decision will render the company liable for unpaid wages.

The Time Warner commission plan required employees meet three conditions before they were paid. Once they earned the commission, the employees were paid on the second paycheck in the following month. The Supreme Court found that this arrangement was in violation of California wage law and the exemption. Our Orange County wage and hour law employment attorneys are dedicated to raising awareness to protect the rights of workers in Southern California and nationwide. We are experienced in the investigation and pursuit of wage and hour violations and will help employee recover the compensation they are due. In addition to representing our clients, we are abreast of developments in wage and hour law and in raising awareness to prevent future violations.

Under the minimum earnings requirement for the commission exemption, “earnings” must be calculated based on the amount of wages “actually paid during the period.” Firstly, the agreement failed to pay employees during each pay period. This policy is not adequate because employees are required to be paid within the period their commissions were earned. The policy also unlawfully allowed the company to reassign wages to other pay periods to satisfy minimum earning requirements. Under California law, the “commissioned sales exemption” only applies to employees who earn at least one and a half times more than the state minimum wage. Employees must also make more than 50% of income from commission.

Police Brutality and Race Discrimination in Officer Hiring

September 17, 2014 | by Nassiri Law

After the recent events in Ferguson, local, state, and federal law enforcement agencies are being forced to examine internal practices and policies that may be prejudicial. Discrimination in officer hiring could play into police brutality, racial profiling, and other complications involving discrimination by law enforcement. According to a recent analysis of Census Bureau data, blacks and Hispanics are disproportionately underrepresented in police departments. In California, Hispanics suffer from disproportionate hiring more than African Americans.

Racial discrimination in hiring practices is illegal and for police and law enforcement agencies, the results can impact the entire community. Our Orange County race discrimination attorneys are dedicated to providing strategic and supportive advocacy to raise awareness and prevent discrimination in the workplace. In addition to representing our clients, we are also committed to raising awareness to prevent future abuses and discrimination in California and nationwide.

In Anaheim, the population is more than 50% Hispanic, yet the police force is made up of only 23% Hispanics. In addition to the potentially discriminatory hiring practices, communities with disproportionate hiring may also find it more challenging to get help when they need it most. According to Anaheim authorities, the city is looking to review its budges and practices, as well as police shooting records and to improve relations between the community and law enforcement.

EEOC Sues Tech Company for Pregnancy Discrimination

September 15, 2014 | by Nassiri Law

The Equal Employment Opportunity Commission has issued new guidelines for employers to prevent pregnancy discrimination. According to the agency, pregnancy discrimination claims are on the rise and lawsuits continue to be filed against employers who are in violation of federal labor laws. The Washington Post reports that the EEOC has filed a lawsuit against Savi Technology, an analytics firm, accused of discriminating against a female applicant who had recently given birth. Though the firm disputes the allegations, the EEOC has investigated the claim and decided to pursue a lawsuit, which was made public on August 7, 2014.

According to the complaint, the tech company made an original offer to the applicant for the position of Director of Human Resources. When executives learned that the applicant had recently given birth, the company took back the offer. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of employees. We will investigate any claim of discrimination and fight for the rights of workers, and any class of workers that has suffered discrimination. In addition to representing our own clients, our firm is abreast of changes in state and federal law and cases that reflect trends in employment law.

In accordance with the Pregnancy Discrimination Act, employers are prohibited from discriminating against pregnant women or based on childbirth and related medical conditions. There are many examples of pregnancy discrimination, including failure to hire, termination, failure to provide reasonable accommodations, or generally treating a female employee differently because she is pregnant. A representative from the EEOC found that the case was highly suspect since the woman was removed from her job immediately after the employer discovered that she was pregnant.

Anheuser-Busch Drivers File Class Action for Wage and Hour Violations

September 13, 2014 | by Nassiri Law

Some job descriptions are more complicated when it comes to wage and hour law; however, every company is responsible for ensuring compliance. In a recent case, truck drivers who worked for Anheuser-Busch are filing a lawsuit alleging that the brewing company discouraged employees from taking breaks for meals or rest. The plaintiffs have filed a $5 million lawsuit to recover compensation from the company for its failure to pay for overtime hours. The lawsuit was filed in a federal California Court and is a class action on behalf of all other Anheuser-Busch InBev drivers.

Wage and hour class actions can be complicated, involving hundreds or thousands of employees. Our Orange County employment law attorneys are dedicated to protecting the rights of our clients who have suffered wage and hour violations, discrimination, and any other employment misconduct. We understand the complex nature of any employment dispute as well as the challenges of class action litigation. Employees who have suffered have the right to take action against their employers and to recover the full compensation they deserve.

According to reports, the class could reach over 400 members depending on how many individuals are still working for the company and how many were employed over the past four years. Together the two divers have been with the company over 40 years. During that time, the plaintiffs worked many weeks in excess of 40 hours. Despite these long hours, the company has continued to deny the drivers overtime. Federal law requires that employees get an overtime rate of 1.5 times their regular pay for any overtime worked. In addition to denying them overtime, the employees were not allowed to take paid meal or rest breaks. Though the driver had a written policy to require the breaks, drivers were discouraged and even prevented from taking them.

Telecommuting: FLSA Compliance and the 40-Hour Work Week

September 12, 2014 | by Nassiri Law

In the age of the Internet and Smartphones, more companies are allowing their employees to telecommute, in a coffee shop, from home, or even from the beach. The flexibility of telecommuting has proven to be a generous perk for employees as well as for independent contractors and freelancers. With all of the technological options, staying connected to an employer is easy and can be a benefit to both employees and companies. Employees get the flexibility benefit while employers get to cut back on overhead costs. A new issue for employees who have the option of telecommuting is the issue of wage and hour implications.

Under the Fair Labor Standards Act (FSLA), wage and hour laws require employers to record the hours their non-exempt employees work and to ensure that those employees get proper breaks and rest. These requirements apply to telecommuting employees as employees who have traditional roles onsite or in an office. How do employers track hours for telecommuting employees? Can they be held liable for failing to comply with FSLA standards? Our Orange County wage and hour law attorneys are experienced in representing our clients and in staying abreast of legal trends in employment law. We understand the complexities faced by employees in a modern workforce and can help to ensure compliance in the best interests of employees.

Employers must be proactive in tracking the number of hours worked, as well as taking preventative action to ensure that employees are not working over their 40-hour work week. In the event that an employee is working overtime to meet job duties, employers can be held liable for overtime wages. For large classes of telecommuting employees, overtime can be a reality—and companies should not be able to evade responsibility for wages simply because that employee is working from home.