Orange County Employment Lawyers Blog

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.

Settlement vs. Trial Verdict in Employment Disputes

August 31, 2014 | by Nassiri Law

It can take months, years, even decades for an employment lawsuit to come to fruition and get resolved. There are many different reasons. In some cases, an employee will put up with misconduct or violations until they are terminated. Some cases require intensive investigations and an extended discovery process. Other cases will go through rounds of attempted negotiations and settlements before finally getting to a trial and eventually, a jury verdict. Defendants may wonder what is the best course of action for their case? Should they accept a settlement offer? Is it worth it to fight a case through trial and jury verdict?

Every case is unique and should be reviewed by an experienced employment law attorney. Our Orange County employment law attorneys will take the time to review allegations of misconduct or unlawful labor practices and determine the best legal course of action. In general, here are some benefits to settlement versus litigation.

Quicker resolution. A settlement usually means a quicker resolution. If parties can reach a settlement agreement before going to court, they will likely spend less time and money on the case. For employees, the benefit of settlement is immediate compensation and the ability to move forward after a dispute.

EEOC Files Religious Discrimination Suit Against Food Lion

August 29, 2014 | by Nassiri Law

Title IV of the Civil Rights Act prohibits private companies from discrimination based on religious practices. While we often hear about discrimination based on race, national origin, or gender, cases less common are based on religious discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Food Lion, the national supermarket chain, for religious discrimination. According to the complaint, the company fired a Jehovah’s Witness who requested days off for religious practices.

Religious discrimination occurs anytime an employee or applicant for a person is treated differently because of his or her beliefs. Our Orange County religious discrimination attorneys are dedicated to protecting the rights of individual employees who have suffered from discrimination in the workplace. We will take the time to review your case, identify misconduct or unlawful discrimination, and pursue compensation and a fair resolution on your behalf. Our priority is to raise awareness to prevent future discrimination and to help victims protect their rights against employers.

Federal law protects both individuals who belong to traditional organized religion, including Christianity or Judaism, as well as those who have sincere religious or moral beliefs. Discrimination occurs when an employee or applicant is treated differently because of a connection with a religious organization or group. In the case against Food Lion, the EEOC alleges that the company illegally discriminated against an employee who was a minister and elder. According to the complaint, the employee requested Sundays and Thursdays off to practice his religion. While his managers accommodated this request, he was then transferred to another location where he was not given Sundays off and was subsequently terminated from his position. The EEOC is pursuing the lawsuit to collect back pay as well as compensatory and punitive damages from the company.

$1.13 Million Verdict for Ecuadorian Engineer in Discrimination Lawsuit

August 26, 2014 | by Nassiri Law

The numerical value of a settlement or verdict in a discrimination lawsuit can vary widely. Damages will often incorporate lost wages, emotional distress, and other personal or financial losses related to the discrimination. In one recent case, a Santa Barbara jury awarded a plaintiff from Ecuador $1.13 million in his discrimination lawsuit against Teledyne Reson Inc. The verdict was handed down three years after the lawsuit was filed and three weeks after a jury trial. According to reports and statements from the EEOC, the victim was finally vindicated after being terminated without warning in 2011.

The discrimination case arose after the victim reported that he was underpaid, unfairly denied promotions and misled by executives. When he was ultimately terminated without explanation, the engineer and victim sought legal recourse. Our Orange County race discrimination attorneys understand the complex nature of employment disputes and will explore every opportunity to protect the rights of our clients. When you have suffered illegal misconduct in the workplace, it is important to consult with an experienced advocate who can effectively protect your rights and achieve optimal results in your case.

In this case, the plaintiff was an engineer who held a master’s degree and a Ph.D. in engineering. Formerly a professor at Santa Barbara City College, he was hired by the Denmark company Reson in 1992. The company grew over the 20-plus years of his employment until it finally merged with Teledyne technologies in 2013. An attorney for the plaintiff argued that there was rampant discrimination in the company and at the executive level, actively favoring less qualified Danish employees over more senior and qualified members of the staff. Within the company there was an understanding that those who had Danish passports would never be terminated regardless of how they performed.

LinkedIn to Pay $6 Million in Overtime Settlement

August 22, 2014 | by Nassiri Law

Under federal law, employees are entitled to breaks for meals and rest. Overtime payments are also required when an employee is required to work more than a standard 40-hour week, unless that employee is classified as “exempt.” In the event that a company is in violation of state or federal labor laws, an employee has the right to take legal action to collect overtime pay. In a recent case of wage and hour violations, LinkedIn is expected to pay nearly $6 million to settle a lawsuit filed by The Labor Department for unpaid overtime.

According to Reuters, LinkedIn has agreed to pay $6 million in overtime to 359 current employees. The lawsuit is based on investigation by the U.S. Department of Labor finding that the company violated federal wage laws. Our Orange County overtime wage attorneys are dedicated to protecting the rights of clients and putting an end to wage and hour law violations. Our priority is to help defendants take legal action against unlawful employers to collect rightful back pay and compensation.

LinkedIn reached a settlement agreement with the Labor Department to pay $3.3 million in retroactive overtime wages and an additional $2.5 million in damages to workers in California, New York, Illinois, and Nebraska. A representative from the government agency reported that LinkedIn has already mailed payments to employees involved in the settlement. The Labor Department reported the company acted responsibly and cooperated fully by working to quickly resolve the dispute and make the workers whole.