Orange County Employment Lawyers Blog

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.

Domino’s Sexual Harassment Franchise Claim Dismissed

September 11, 2014 | by Nassiri Law

Sexual harassment claims will often go through a settlement process before they ultimately end up in court. In some cases, plaintiffs and defendants will go through multiple rounds of litigation until the case is resolved, either through settlement, verdict, or in the event of a dismissal. According to Courthouse News, the Supreme Court ruled that Domino’s, the franchise, was not responsible for sexual harassment that took place at one of its locations. Sexual harassment liability always turn on the specific facts of the case, especially the relationship between the aggressor and the victim. As this case illustrates, sexual harassment claims involving a franchise relationship can be more complicated.

According to reports, the victim began working for Domino’s Pizza in November of 2008 and suffered sexual harassment by her assistant manager, including comments, gestures, and inappropriate touching. After her father called the police and the corporate office to complain, the family decided to pursue litigation. Our Orange County sexual harassment attorneys are dedicated to protecting the rights of victims. In every case, we will take a strategic approach to collect and preserve evidence, identity responsible parties, and pursue every opportunity for just relief.

In this case, the victim complained that the manager made lewd comments and gestures, and also touched her inappropriately. She later resigned from her position after her hours were reduced because of the complaint. The victim filed a lawsuit against the assistant manager, Domino’s Pizza, as well as the franchise operator. The lawsuit alleged that the parties for sexual harassment, retaliation and failure to take reasonable steps to avoid sexual harassment. There were additional claims filed for assault, battery, emotional distress, and constructive termination.

L.A. City Council Approves $75,000 Settlement

September 9, 2014 | by Nassiri Law

Officials have approved a $75,000 settlement to be paid to a Los Angeles City staffer who worked for Councilman Mitch Englander. According to reports, the staffer worked in the office from February 2012 through April 2013. The complaint alleges that the Councilman made aggressively sexual and crude comments to the staffer during the course of her employment. In addition to the sexual comments, the Councilman also allegedly continued to make remarks and create a culture of discrimination and harassment.

The lawsuit was filed in the fall of 2013, naming the plaintiff as “Jane Doe,” however her identity was eventually revealed when the court ruled that she could not remain anonymous. The settlement was considered a success for the plaintiff as well as the defendant whose interest has been in quick resolution and minimizing public exposure of the case. Our Orange County sexual harassment lawyers are dedicated to protecting the rights of workers throughout Southern California. We are abreast of key legal issues facing today’s workforce and are dedicated to raising awareness to prevent future abuse and harassment.

Sexual harassment may arise in the event that the employee is faced with a hostile work environment or in a “quid pro quo” sexual harassment claim where a superior requests favors for employment related rewards or threatens adverse employment action. Every case is unique and should be reviewed by an experienced attorney. In this case, the plaintiff suffered from repeated advances, comments, and remarks that created an overall culture of discrimination and harassment in the workplace. The plaintiff has the right to take legal action and to recover financial compensation for lost wages, pain and suffering, emotional harm, and additional losses or expenses.

Age Discrimination in University Faculty Hiring

September 6, 2014 | by Nassiri Law

Older applicants seeking employment in the downtrodden economy may be up against a large-scale and more pressing setback—age discrimination. Evidence of age discrimination has been seen in a range of industries, including manufacturing and technology. There is also a rising trend of age discrimination in academia, higher education and university hiring. Academic institutions that are struggling to maintain a bottom-line may also face liability for age discrimination, especially in a business model that favors low-paid adjunct professors and student teachers.

Age discrimination may manifest during the hiring process or if an employee is denied tenure or another positive course of employment in favor of a younger faculty member. Our Orange County employment law attorneys are dedicated to protecting the rights of all workers—young and old. We understand the struggles of today’s workforce and are dedicated to raising awareness to prevent discrimination and violations of state and federal labor law. If you believe that you have suffered from age discrimination, it is important to consult with an experienced attorney who can review your case, identity a legal cause of action, and aggressively pursue your rights to lost wages and other compensation.

In a recent case, Harold Washington College, part of the City Colleges of Chicago system, has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) for its refusal to hire a woman due to her age. According to the EEOC, the college violated federal labor laws when it denied a faculty position to an adjunct professor because she was 66 years old. After an initial investigation, the EEOC found that the plaintiff worked as an adjunct professor for five years before applying to become a full-time faculty member. She had all of the necessary credentials, records, and glowing recommendations from other staff members. According to the EEOC, the professor was passed over for younger and less experienced candidates—a clear case of age discrimination.

Ex-San Diego Mayor Sued for Sexual Harassment

September 3, 2014 | by Nassiri Law

Sexual harassment claims may arise in the public or private sector, stemming from inappropriate behavior in restaurants, the business environment, or even in a political office. According to reports, ex San-Diego Mayor Bob Filner is facing another sexual harassment lawsuit even since he has resigned from office. A complaint has recently been filed by a former staff member against the 71-year-old politician. The lawsuit was filed in San Diego Superior Court and details the many inappropriate advances and gestures alleged by the plaintiff.

Employees who have suffered from sexual harassment in the workplace have the right to take action against the aggressor, as well as a defendant company for failing to take action. Our Orange County sexual harassment attorneys understand the challenges faced by victims and will take every necessary step to protect their rights and interests. We are experienced in both hostile work environment sexual harassment claims as well as quid pro quo claims when employment terms are conditioned upon a sexual request or response. Every case is unique and should be reviewed by an experienced advocate before any action is taken.

According to the complaint, the fifty-year-old plaintiff was an executive assistant to the mayor when he made several attempts to engage her in sexual activities. He made requests to spend passionate time together, “make love,” and even “have sex on the conference table.” The lawsuit also alleges that the mayor asked her to kiss him on several occasions and he grabbed her breasts and other inappropriate body parts. The lawsuit was filed on August 15th and called the behavior of the former mayor both “repugnant and revolting.”

Chino Company Pays $92,000 to Settle Retaliation Claim

September 1, 2014 | by Nassiri Law

The U.S. Equal Employment Opportunity Commission (EEOC) filed a retaliation lawsuit against a manufacturer based in Chino, alleging unlawful action against two employees. According to reports, the manufacturing company agreed to pay $92,500 to settle the retaliation claim. The EEOC prohibits discrimination and will take action against liable employers in the event of a violation. In this case, the EEOC decided to file a lawsuit after it had specific and sufficient evidence of unlawful retaliation. The lawsuit involves two manufacturing employees who were terminated after they reported illegal discrimination in the company.

Retaliation is any adverse employment consequences, including demotion or termination, for reporting employer misconduct. An employee could suffer from retaliation for reporting sexual harassment or discrimination, filing a workers’ compensation claim, or requesting “reasonable accommodation” under disability law. Any adverse action taken for reporting misconduct could be considered retaliation. Our Orange County racial discrimination attorneys are dedicated to protecting the rights of employees and in taking legal action against unlawful companies and employers. We will take the time to review your case, identify your options, and advocate on your behalf through negotiation and settlement, or trial and verdict.

According to the EEOC, Bertolini Corporation is a stackable chair manufacturer based in Chino. The company took retaliatory measures by firing a maintenance mechanic and a human resources assistant after they reported illegal misconduct in the workplace. According to the EEOC complaint, the California based company fired both employees for complaining about unlawful discrimination. Retaliatory action for reporting discrimination and misconduct is a violation of the Civil Rights Act. The EEOC filed a lawsuit in the U.S. District Court in Tennessee after an attempt to reach a settlement through the conciliation process.