Orange County Employment Lawyers Blog

Clerk Files Discrimination Case Against L.A. Law Firm

August 13, 2014 | by Nassiri Law

Discrimination claims can arise in any industry or career field—even in businesses where leaders should know and follow the law. In a recent case, a law clerk who worked for a Los Angeles personal injury law firm filed a discrimination claim alleging racial and sexual orientation discrimination. The law firm subsequently urged the court to review and dismiss the clerk’s employment lawsuit on summary judgment. The judge denied the law firm-defendant’s motion to dismiss. The challenging case underscores the reality of discrimination in the workplace and the need for informed and strategic advocacy when up against formidable defendants.

The California Fair Employment and Housing Act prevents discrimination based on race and sexual orientation. Our Orange County race discrimination attorneys are dedicated to protecting the rights of our clients and in raising awareness to prevent discrimination in the workplace. We understand the complicated and sensitive nature of these cases and will handle every detail with compassion and discretion. When you have suffered from discrimination, it is important to have an experienced advocate review your case before making any important legal or employment decisions. In addition to protecting your reputation and future career opportunities, you may be entitled to additional compensation.

According to the defense, the discrimination claim fails because the defendant cannot prove his adverse employment action was a result of discrimination. The law firm’s defense is that the employee was terminated simply because he lied about his reasons for missing work. Representatives for the firm went on to say that they have the right to hate an employee, and the right to terminate that employee, even if the reason is that they hate him. The complaint was filed in July of 2013 and targets one partner specifically who allegedly used offensive racial slurs for African Americans, Hispanics, gays, lesbians, women, and disabled people. Currently, the law firm has offices in San Diego and Beverly Hills and represents plaintiffs in cases involving personal injury and wrongful death, labor law, and workers’ compensation.

Boeing Facing Lawsuit Alleging Widespread Age Discrimination

August 9, 2014 | by Nassiri Law

Since Boeing announced that it will be moving thousands of engineering jobs out of the state of Washington, the union representing its engineers has filed an age-discrimination complaint with the Equal Employment Opportunity Commission (EEOC) as well as the Washington State Human Rights Commission. According to media reports and the complaint, Boeing has intentionally implemented a scheme that amounts to widespread age discrimination. Though the company has called the claims “baseless” state and federal agencies will be pursuing and investigating the charges.

The company is seeking to move 1,000 customer-support engineer jobs from Washington to California. It also plans to move over 1,000 research and technology jobs to other states. According to a Boeing representative, the company is simply working to “diversify” the workforce. Our Orange County employment law attorneys are dedicated to protecting the rights of our employees. We understand the stress and challenges faced by individuals who have suffered discrimination. Our priority is to investigate every allegation and pursue rightful legal action on behalf of employees.

Union representatives claim that the company secretly changed criteria or retention rankings, which would determine which employees would take priority in the event of a lay off. The union learned of the strategy though whistleblowers. In adherence with the new retention rankings, older employees would be more susceptible to the company’s layoffs. Effectively, the layoffs would impact employees with significantly more experience, and more years under their belt. According to union representatives, the action is in direct violation of the Age Discrimination in Employment Act. The union represents more than 21,000 Boeing employees in the state of Washington.

Warner Brothers Class-Action: Rights of Unpaid Interns

August 6, 2014 | by Nassiri Law

Nationwide, unpaid internship arrangements have been scrutinized for low wages and potential violations of state and federal labor laws. While some claim that the legal scrutiny of unpaid internships is putting programs and opportunities at risk, other worker rights advocacy groups see the internships as a way to squeeze cheap labor out of inexperienced and vulnerable unemployed. In a recent case, Warner Brothers is facing a class action led by a former unpaid intern who was living in a homeless shelter when he started his position.

According to a Newsweek investigation, the plaintiff was required to get drinks for two different vice presidents. The Warner Brothers executives also required that the intern take lunch orders and pick up dry-cleaning. He knew that the job duties had nothing to do with radio promotions, but he did it anyway, hoping to make a name for himself. Our Orange County employment law attorneys are dedicated to protecting the rights of American workers, including unpaid interns in California. In addition to providing sounds counsel and support to our clients, we are also committed to staying abreast of employment law issues and legal trends that impact the national workforce.

The Department of Labor guidelines require that unpaid internships must be to the benefit of the intern rather than to the employer. Employers who agree to provide training at no cost, must not derive any immediate advantage from the labor performed. The guidelines go on to state that in some cases, operations may be impeded or slowed by training capacities. The intern at Warner Brothers often worked 12 hour shifts, showing up early and leaving late, just to maintain his job. For eight months, he worked without compensation and then he was fired.

Racial Discrimination Claims Filed Against Chipotle

August 3, 2014 | by Nassiri Law

Employees are often forced to take legal action after they have been abused and exploited—many times in more than one way. In a lawsuit that was filed in May, a Chipotle manager is taking on the national chain for alleged abuses including racial discrimination and wage and hour violations. The plaintiff is also the class representative for a class-action lawsuit alleging a variety of labor law violations.

According to the complaint, the plaintiff worked at two Chipotle restaurants in San Luis Obispo for almost four years. She had been promoted to manager at the time of her termination in August 2013. The complaint alleges numerous acts of discrimination by her former supervisor. Our Los Angeles race discrimination attorneys are dedicated to protecting the rights of employees throughout California. If you believe that you have suffered from any form of discrimination, it is important to consult with an experienced advocate who can protect your rights. Victims of discrimination may be entitled to significant compensation.

The lawsuit states that the manager and plaintiff, who is African-American, suffered from daily harassment. She was requesting timely breaks when her manager told her to transfer to another location because she was black. When she reported one of the incidents to another manager, it was excused and no internal action was taken. The plaintiff is seeking general damages, lost wages and attorneys’ fees for her losses.

Judge Certifies Wage-and-Hour Class Action Against Apple

July 30, 2014 | by Nassiri Law

Apple is facing another class action that could prove costly if 20,000 employees succeed. According to the New York Times, a California state court has certified a class of former Apple employees over wage and hour claims. The complaint states that the company failed to provide meal and rest breaks in accordance with state and federal labor laws. The lawsuit also alleges that the company denied the workers breaks entirely. The Superior Court judge in the County of San Diego granted class certification to retail employees and former workers at the Apple Corporate Headquarters.

Both federal and state laws protect workers from abuse and exploitation of workers. In many cases, individual or groups of employees may be forced to take legal action against employers who have violated wage and hour laws. Our Orange County wage and hour claims lawyers are experienced in handling complicated wage and hour and class action claims. For individuals who have suffered a wage and hour violation, we will take the time to review your case, identify your goals, and pursue any available legal recourse on your behalf.

The lawsuit involves wage workers, ranging from junior engineers to Apple Store employees. According to lawyers for the plaintiffs, Apple deliberately violated California labor law. In accordance with California law, employers are required to provide a 30-minute lunch break within the first 5 hours of an employee work shift. Employers must also designate a 10-minute rest period every four hours. California labor laws also require that a second break is provided when a shift runs between 6 and 10 hours. The Superior Court judge reviewing the Apple case found sufficient evidence that Apple failed to authorize a second rest period for workers taking on longer shifts. In addition to denying a second rest period, the complaint alleges that Apple’s policy did not provide for meal periods or rest periods. The case also involves the denial of final paychecks to Apple employees.

California Celebrates 10 Years of Paid Family Leave

July 28, 2014 | by Nassiri Law

California is celebrating 10 years of its Paid Family Leave Program since the law went into effect in July of 2004. According to a recent analysis, the number of families taking advantage of the law has continued to rise and the majority of the shift involves fathers who are taking time off to care for and be with their newborns. Under California law, women can take up to 12 weeks of paid disability after birth. Since 2004, both men and women are allowed take up to 6 weeks of paid family leave after child birth. California is one of only a few states that offers paid family leave for both men and women. The state funds the program using the worker State Disability (SDI) contributions. Workers can also pay into a voluntary plan, meaning that employers do not have to absorb the costs of the program.

Whether you have already benefited from the paid family leave program or you are considering paid family leave in the future it is important to know your rights. Our Orange County employment law and pregnancy discrimination lawyers are experienced in protecting the rights of our clients facing legal challenges. In addition to providing strategic counsel and advocacy, we are committed to staying abreast of laws and legislative developments throughout California. Our priority is to help employees preserve and assert their rights in cases involving wage and hour disputes, pregnancy discrimination, and other employment law matters.

Historically, a mother would take off work to take care of her child and a father may use a few sick days before heading back to work. For 10 years, the California Paid Family Leave program has allowed millions of families to remain at home, with pay, and without concern of losing their job. According to reports, there were 135,000 Californians using the program in the first year. Now, approximately 190,000 Californians are using the program to care for their newborns post-birth and of that number 60,000 participants were men.

ACLU and Gay Rights Groups Withdraw Support For ENDA

July 26, 2014 | by Nassiri Law

The Employment Non-Discrimination Act, also known as ENDA, passed the Senate last fall but is no longer receiving support from the ACLU and other gay rights groups. Support was withdrawn after gay rights advocates cited concern over an employer exemption for employees who object to homosexuality on religious grounds. The withdrawal also reflects the serious impact of the Hobby Lobby case, which gives private employers the right to deny insurance coverage with contraception on religious grounds.

The religious exemption was added last year in an effort to attract Republican support to help pass the bill. Critics of the exemption say that it is too broad and that it gives employers the right to discriminate against in gays in the workplace. Fortunately, California employees are protected by state law, but the contentious exemption and withdrawn support from ENDA demonstrates the struggle faced by gays seeking equal protection in the workplace. Our employment attorneys in Orange County are dedicated to providing strategic and aggressive support to individuals who have suffered from discrimination. We are also informed and abreast of local, state, and federal legal changes that impact the lives of employees.

According to reports, the ACLU and other gay rights groups have spoken out, arguing that the religious exemption could give some organizations, including hospitals and universities, the ability to engage in workplace discrimination against the LGBT community. Other groups, including The Human Rights Campaign has maintained its support for ENDA, recognizing that there are currently millions of workers in the LGBT community who currently have no federal protections.

Tinder Co-Founder Suspended, Sexual Harassment Lawsuit Filed

July 24, 2014 | by Nassiri Law

Silicon Valley employment lawsuits are making headlines, including those involving sexual harassment claims against a Yahoo executive, age discrimination claims throughout the high-tech industries, and now a sexual harassment claim has been filed against the co-founder of the dating app, Tinder. According to the lawsuit, filed in Los Angeles Superior Court, the founders committed multiple acts of harassment and discrimination against another female founder. The plaintiff was also the face of Tinder and was a huge force in marketing Tinder to young women.

According to the lawsuit, the plaintiff was a founding member and instrumental in building the name and brand, including changing the name of the app from “Tender” to “Tinder.” The case may have been complicated by an ongoing romantic relationship between the plaintiff and another member of the founding team. Our Orange County sexual harassment attorneys are experienced in helping victims protect their rights. We will take the time to review your case, identify potential options, and help you achieve an optimal settlement or jury verdict, if necessary. Sexual harassment claims, especially those involving high profile executives, should be handled by experienced attorneys who can treat your case with discretion.

The complaint states that the chief marketing officer was in and out of a romantic relationship with the plaintiff and engaged in threatening and abusive behavior. Allegedly, the chief marketing officer called her a “whore” and threatened to strip her of her title because associating with a young woman would “devalue” the company. The plaintiff claims that she finally broke down and agreed to resign in exchange for a severance package and the vesting of her stock. Rather than comply with terms of the agreement, she was fired. The lawsuit alleges that the executives participated in continued and egregious discrimination on the basis of sex. This is in-line with other criticisms of Silicon Valley and predominantly male-dominated tech start-up environments.

CA Employment Protections Extend to Undocumented and Illegal Workers

July 22, 2014 | by Nassiri Law

A recent California Supreme Court decision is being both lauded and criticized for extending rights to undocumented workers. The recent decision gives legal protection to immigrant workers who have suffered from illegal discrimination or pay violations, even for those who have illegally used fake documentation or falsified Social Security numbers to obtain employment. Though advocates for worker rights see the case as a breakthrough, it may not be fully exercised, as many immigrant workers are likely to fear bringing a discrimination lawsuit against an employer. For these workers, revealing illegal documentation may be a deterrent for filing a lawsuit, even if they do have legal rights against discrimination.

Though immigrants may not be willing to bring lawsuits, the Supreme Court decision could prevent future employers from taking advantage of those workers who do not have green cards. Our employment law attorneys in Orange County are committed to protecting the rights of workers. If you believe you have suffered from discrimination, we will take the time to review the facts of your case, identify your legal options, and pursue your rights. Discrimination in California is illegal and all workers have the right to pursue legal action against their employers.

One of the concerns with undocumented workers is that they will be exploited and that employers will never be held accountable for illegal activity. This decision helps to protect workers and can prevent future abuse by making lawsuits tenable. Some employers have denied pay and abused immigrant workers because they know the workers will not file a suit. Now, this may not be the case. The decision and current position of the law aims to prevent abuses and to give undocumented workers leverage against employers.

EEOC Updates Pregnancy Discrimination Guidelines

July 20, 2014 | by Nassiri Law

Pregnancy discrimination continues to pose a threat to women working or those looking to enter the workforce. For the first time in 30 years, the EEOC has updated its pregnancy discrimination guidelines to clarify the law for employers. The new guidelines articulate the law and make it clear to employers that failing to provide “reasonable accommodations” to pregnant women can be considered illegal discrimination under federal law.

In California and nationwide, women have been forced to confront employers who have failed to comply with “reasonable accommodations” requests. According to the EEOC, the guidelines are a necessary response, as pregnancy discrimination complaints are on the rise. Representatives from the EEOC have been overwhelmed by the number of complaints and the egregious employer actions that run afoul of the law. Being forced to respond to national complaints, the agency is hoping to curb future discrimination by making the law very clear for employers. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of women in the workforce. We will investigate any case involving pregnancy discrimination and will pursue every available avenue to achieve justice for employees.

The new EEOC guidelines mark a shift, clarifying in no uncertain terms, federal laws that may have once been confusing. The Pregnancy Discrimination Act of 1978 has been interpreted differently, both by employers and human resources departments, as well as by the courts. Lower courts have often interpreted “reasonable accommodations” differently and now a current case is headed to the Supreme Court for review. The EEOC is intervening early to clarify the laws and to prevent future pregnancy discrimination. According to agency leaders, the new guidelines are necessary at time where pregnancy discrimination continues to pose a problem in workplaces nationwide.