Orange County Employment Lawyers Blog

Yahoo Executive Sued and Files Counterclaim in Sexual Harassment Case

July 18, 2014 | by Nassiri Law

Sexual harassment can be directed at employees of any gender or sexual orientation. Most commonly, we hear of male employers or managers who have made sexual advances on a female employee, but sexual harassment can also involve more complicated relationships between parties. In a recent case, an executive at Yahoo Mobile has been accused of making unwanted and inappropriate sexual advances against another female employee. The case was filed this summer by the former employee who had started at Yahoo in the fall of 2013.

The “quid pro quo” case centers on the unwanted sexual advances in exchange for employment benefits, alleged threats of adverse employment action, and eventually, termination. Our Orange County employment law attorneys are experienced in representing individuals who have been victimized by sexual harassment. We understand the immediate and long-term consequences that a sexual harassment incident or incidents can have for the victim. Our priority is helping you protect your rights and work towards a just resolution, either through settlement or verdict.

According to reports, the female worker was employed as a principal software engineer in the company and worked directly for the executive. The plaintiff says that the executive made sexual advances and promised her a “bright future” at the company if she agreed to have sex. Her boss also threatened to take her job and stock options away if she didn’t have sex. In addition to the sexual harassment claim, the employee is also filing for wrongful termination after she received poor performance reviews because she stopped having sex with the executive.

Executive Order: Should the U.S. Offer Paid Maternity?

July 16, 2014 | by Nassiri Law

The United States is the only industrialized nation that fails to mandate paid leave for mothers with newborns. President Barack Obama is hoping to change that, providing more protections for mothers in the workplace. The President is also hoping to encourage employers to generally adopt more family-friendly policies, he announced at a summit earlier this month. Paving the way towards legally mandated family-friendly work environments could be an improvement for workers in California and nationwide.

According to a statement from the President, the United States is one of only three countries that doesn’t offer paid maternity leave. While many states, including California, have taken action to give workers paid family leave, the President is urging nationwide action to protect America’s mothers and families. All families should have the basic right to afford to care for their loved ones. Our Orange County pregnancy discrimination attorneys are dedicated to protecting California employees against pregnancy discrimination, sexual harassment, and other forms of employment inequality. We are abreast of trending legal issues that impact workers and are committed to promoting worker rights in California and nationwide.

While some likened the speech to something the President may have done on the campaign trail, others see the action as a genuine need to shift America’s workplace culture towards the reality of modern work culture. The summit event also featured an appearance by MadMen star, Christina Hendricks, to shed light on the similarities of the portrayal of televised 1950s culture and current U.S. employment policies. Currently, California does have a state mandated system of paid leave, but Obama wants to extend those protections to workers nationwide. Currently, Obama has not yet endorsed any legislation that would fund a national system or a bill that would fund legislation through a payroll tax. The push towards mandated maternity leave and new workplace policies is also a follow-up to his 2008 pledge not to raise taxes on low to upper middle-class families.

Chapman University Settles Racial Discrimination Lawsuit

July 15, 2014 | by Nassiri Law

Discrimination cases can be complicated and victims may not know what steps to take to protect their rights. A Chapman University professor has succeeded in recovering a settlement over allegations of racial discrimination. According to reports, the university agreed to pay $75,000 to the professor who claimed she was denied tenure because she was black. Though the university has denied any wrongdoing, the settlement also requires that it take steps to prevent future discrimination.

The EEOC announced in September of 2010 that it would pursue a case against Chapman on behalf of the professor. The settlement comes after two years of litigation. Our Orange County racial discrimination attorneys are dedicated to protecting our clients. We understand the sensitive nature of these cases and will explore every available opportunity to protect the rights of workers throughout California. As leading employment law attorneys, we are also abreast of legal developments and issues that may be relevant to other individuals who have suffered from discrimination.

According to the complaint, the professor had been hired in 2001 and applied for a tenure and promotion from assistant professor to associated professor in 2006. Given her education and positive recommendations from peers, students and superiors, the tenure position was not out of the question. The professor’s tenure was denied and she was discharged from her assistant professor position in 2008. After investigating the allegations of racial discrimination, the EEOC announced that it would file a suit in the U.S. District Court for the Central District of California. The lawsuit alleged that the professor was unfairly and illegally denied tenure and promotion because of her race.

Beverly Hills Restaurant Ordered to Pay $100,000 for Sexual Harassment

July 14, 2014 | by Nassiri Law

Some workplaces are more conducive to sexual harassment. Bars, restaurants, and other high turnaround environments teeming with young and vulnerable workers are ripe for abuse. Issues of sexual harassment can also be complicated by a culture of highly sexualized interactions in many restaurant environments. In a recent Hollywood case, a former Real Housewives star, Lisa Vanderpump was ordered to pay $100,000 in a sexual harassment case brought by a waitress who formerly worked at her restaurant, Villa Blanca.

According to reports, the waitress filed a lawsuit after she was physically touched and “manhandled” by another member of the staff. Our Orange County sexual harassment attorneys are dedicated to providing strategic counsel and advocacy to individuals who have suffered from sexual harassment in the workplace. We understand the complicated and sensitive nature of these cases and will pursue every avenue of recovery while remaining mindful of your personal and professional reputation. In addition to representing our clients, we are also abreast of trending legal issues and in raising awareness to prevent sexual harassment in the workplace.

The lawsuit rendered a jury verdict of $100,000 in punitive damages as a result of the physical sexual harassment. An attorney on behalf of the defendant-restaurant owner announced that they were shocked over the verdict and are planning to file an appeal. According to reports, the plaintiff was awarded compensatory damages, but the waitress was also allowed to pursue punitive damages because the jury found that the restaurant acted with malice. Though surprised by the award of punitive damages, the waitress was pleased with the verdict.

Bay Area Caregivers File Wage and Hour Class Action

July 13, 2014 | by Nassiri Law

Bay Area caregivers have filed a class-action against the Kentucky-based Kindred Healthcare and subsidiary companies for wage and hour law violations. According to reports, workers were denied overtime and breaks in violation of California labor laws. The defendant healthcare services company offers services providing care to the elderly, ill, and disabled throughout the Bay Area. The employee caregivers were contracted out by the healthcare company to work in assisted living and rehabilitation facilities.

Due to the nature of around the clock care necessary for many patients, workers had 12 to 24- hour shifts. According to the lawsuit, many of the workers were forced to complete these shifts without breaks. Our Orange County wage and hour law attorneys are dedicated to providing strategic and informed advocacy to protect the rights of our clients. We take a comprehensive approach to understand the facts of every case and will pursue every available opportunity to bring justice to California workers. In addition to providing counsel and advocacy in employment law disputes, our firm is committed to raising awareness to prevent future wage and hour law violations.

According to media coverage of the class action, employee caretakers were required to complete 12 to 24-hour shifts without getting paid overtime and without breaks for rest or to eat meals. In addition to working at residential facilities and assisted living centers, the caretakers were also sent to private residences. Under these working conditions, employees were paid only a flat-rate that amounted to less that minimum wage. The class representatives and lead plaintiffs in the lawsuit are experienced caregiver who were responsible for performing 12-hour shifts, seven days a week in private residences and facilities.

Exectutive Order Governing Federal Contractors Prohibits LGBT Discrimination

July 12, 2014 | by Nassiri Law

The LGBT community has significant protections in the state of California compared to workers in many other jurisdictions. While California law offers protection against discrimination to the LGBT employees, additional protections may become available since President Barack Obama announced a decision to pass a federal executive order. Under the new measure, government contractors would be required to prohibit workplace discrimination based on sexual orientation and gender identity.

Discrimination of federal employees is prohibited and a handful of states also extend legal protections to both public and private sector employees. Even in California where state laws extend anti-discrimination protections to the LGBT community, the executive order would offer an additional layer of protection. Our Orange County employment law attorneys are committed to helping members of the LGBT community protect their rights. In addition to taking on discrimination cases on behalf of employees, we are also abreast of state and federal legal developments that may impact LGBT worker rights.

Advocates see the executive order as an additional protection against employers who are not following state laws. There are over 14 million Americans who live and work in states where there are no LGBT protections. Another 11 million live and work in a state where there are no protections against discrimination based on sexual orientation. Research indicates that 21 percent of LGBT employees have felt that they were discriminated against or treated unfairly because of their gender identity or sexual orientation.

American Apparel CEO Fired After Nine Sexual Harassment Lawsuits

July 10, 2014 | by Nassiri Law

The CEO of international retailer American Apparel has long been the subject of controversy. While he has been a champion of U.S. manufacturing to support immigrant works, he has also been the target of at least nine sexual harassment lawsuits. Allegations range from pressuring models into sexual activities to walking around his Los Angeles office in his underwear. Finally the board of American Apparel made the decision to force out the 45-year-old entrepreneur.

In a unanimous decision, the board fired the CEO after an ongoing investigation into his sexual misconduct. Our Los Angeles employment law attorneys are dedicated to protect the rights of employees who have suffered from sexual harassment in the workplace. While you may have been tolerant, put up with inappropriate behavior or advances, or even engaged in sexual activity with a superior, remember that you do have rights. Sexual harassment is a pervasive issue in businesses ranging from family operations to large corporations. Our attorneys are dedicated to protecting employees and in raising awareness to prevent sexual harassment.

According to Business Week, American Apparel shares are down to 68 cents, a record low compared to the $27 shares in 2007. Prior to termination, the CEO had $800,000 as a base salary and owned 27% of shares in the company. Analysis claim that the decision to terminate the CEO was in part because of the legal complications and liabilities as well as a failure to move the company forward in a new direction. While a board may put up with sexual harassment in the event of an upturn, a board is less likely to tolerate misconduct when the company is plummeting in value.

Teacher Tenure Track Ruled Unconstitutional in CA

July 8, 2014 | by Nassiri Law

Students who filed a lawsuit against the State of California’s tenure for teachers laws succeeded in their case when a Los Angeles Superior Court Judge ruled in their favor. The lawsuit challenged the idea that tenure for teachers deprived students of a fair education. The main argument of the case, was that tenure track for public school teachers is unconstitutional. Under the new ruling, previous laws that allow tenure-track positions and that leave some teachers insulated from termination have been struck down.

Previously, teachers have been protected from adverse employment action, including termination or lay-offs, once they have achieved tenure. Some have argued that teachers are able to maintain their positions, even when their teaching skills lag behind or fail. The laws also disproportionately impacted new teachers who were the first to be let go in the event of a lay-off. Our Orange County employment law attorneys are dedicated to protecting the rights of workers throughout the state of California. We are also abreast of trending legal issues that impact the rights of employees. In addition to advocating for our clients, we are dedicated to raising awareness to prevent discrimination in the workplace.

The tenure-track job laws were challenged on the basis that the current system is unsupported by the state constitution. The judge agreed, finding that the burden required does not meet the strict scrutiny test. The laws unfairly allow ineffective tenure-track teachers to remain in their positions while dismissing “junior” level teachers who may be more engaging and effective in their positions. Plaintiffs argued that firing a teacher or professor based on the fact that they were new to the system, rather than on job performance alone, ultimately only injures the students.

FMLA Coverage for Same Sex California Couples

July 7, 2014 | by Nassiri Law

Because California recognizes gay marriage, the protections of the Family and Medical Leave Act apply to same sex partners. This is not currently the rule throughout the United States, but it may become official policy soon if a new proposed definition goes into effect.

The change to the FMLA policy would come after United States v. Windsor, in which the United States Supreme Court struck down the provisions of the Defense of Marriage Act, which denies federal benefits to same-sex couples who are legally married. It is part of a broader trend to ensure that gay and lesbian couples enjoy the same rights as straight couples when it comes to job benefits.

If you work in California, you need to be aware of the rights that the Family and Medical Leave Act provides to you. You should be eligible to take family leave if you have a qualifying covered event involving a same-sex spouse, a domestic partner, or a child of a domestic partner. If your employer fails to provide FMLA leave as required by law, you should contact an Orange County employment law attorney for help as soon as possible.

Age Discrimination in Tech Job Postings

July 6, 2014 | by Nassiri Law

California’s tech industry continues to grow, attracting foreign workers, recent college grads, and professionals around the country. When scrolling through tech job postings, you may commonly read candidate descriptions that specify a preference for “recent college graduates” or “new graduates.” While the requests may seem to benignly target entry level employees, the ads may deter older job applicants and could be considered an act of age discrimination in violation of federal labor laws. According to a Fortune magazine report, the absence of older workers in tech industry jobs may have more to do with advertising than it does with ability.

Silicon Valley is a leading employer of tech industry employees and to most, it is no surprise that it is dominated by young workers. While many young graduates may be more qualified for these positions, tech companies have also been accused of illegally discriminating against older applicants. Our Orange County age discrimination attorneys are dedicated to protecting the rights of workers throughout California. We are abreast of legal developments in discrimination and are committed to raising awareness to stop workplace inequality.

Tech companies are known to post jobs exclusively for “recent college graduates” drawing from a large pool of candidates who are in their early twenties. Companies such as Apple, Facebook, Yahoo, and Dropbox have all listed job openings for candidates who have recently graduated. The companies even go so far as to list which graduating classes will qualify. Representatives from the Equal Employment Opportunity Commission are now saying that these job notices could be flouting federal employment laws and deterring older applicants from applying.