Orange County Employment Lawyers Blog

California Employees Need to Know What is in Employment Contracts

July 2, 2014 | by Nassiri Law

California courts generally do not enforce non-compete agreements because the agreements can be an inappropriate restraint on trade and can impact an employee’s ability to make a living after leaving a job. California is one of two states with a broad ban on non-compete agreements, along with North Dakota.

Unfortunately, on a national level, the use of non-compete agreements by employers is dramatically increasing and non-competes are showing up in all different types of jobs where they were once restricted only to a limited number of professional positions.

This trend is disturbing on many levels because it unfairly restricts the rights of people to leave an employer since they may face difficulty getting another job in the future. It is also an important reminder to employees that they need to understand employment agreements before they sign them. Before you sign any kind of employment contract and if you believe your employer is being unfair in trying to hold you to contract provisions, you need to speak with an Orange County employment law attorney.

California Employees Misclassified as Independent Contractors

June 28, 2014 | by Nassiri Law

Many employers try to misclassify employees as independent contractors in an effort to reduce costs associated with workers’ compensation insurance and other workplace benefits. This type of misclassification can have a profound negative impact on the rights of workers. Overtime pay may be unavailable, the misclassified worker will pay more in taxes and a host of other employment terms could be worse for a worker who is misclassified.

In one recent case, the Ninth Circuit ruled that California home delivery drivers were misclassified as independent contractors. A variety of factors were considered before the court decided that the independent “businesses” the employees were essentially forced to form were businesses in name only.

If you suspect you have been misclassified as an independent contractor, you should speak with an experienced California employment law attorney.

The Fight for Paid Sick Leave for California Workers

June 24, 2014 | by Nassiri Law

Paid sick leave may soon become a reality in California as the Senate Labor and Industrial Relations Committee voted in favor of Assembly Bill 1522 on June 12. The bill is called the “Healthy Workplace, Healthy Families Act.” Under the proposed legislation, anyone who is employed for at least seven days over the course of a calendar year will be entitled to receive paid sick leave at a rate of an hour of leave for every 30 hours that the employee works.

The committee acted at a time when paid seek leave is getting a lot of attention in California, in part because hundreds of workers at California’s largest grocery chain have been demanding leave.

Some employees are already entitled to paid sick leave under labor contracts and collective bargaining agreements, but most employees in the state do not have a guarantee of time off from work when they are ill. As a worker, it is important you understand your employment rights and take steps to protect yourself if your employer fails to give you benefits guaranteed by law. An Orange County employment law attorney can advise you on your rights and represent you if you are treated unfairly.

Whole Foods Employees Wage Class Action for Confiscated Tips

June 19, 2014 | by Nassiri Law

For members of the service industry, tips can be critical to fair compensation. Even if an employee is already paid minimum wage, he or she still has the right to collect tips and to take action against an employer that tries to take control or confiscate tip income. In a recent class action case, Whole Foods is being sued by employees who claim that the company stole their tips. According to the New York Observer, the Whole Foods management has been illegally holding onto worker tips violating state labor laws. The class action involves 40 other Whole Foods delivery employees who are asking for hundreds of dollars of missing tips.

In this case, the customer receipt did not give consumers the opportunity to add gratuity, so shoppers automatically assumed that the $5-10 delivery fee was being delivered directly to service employees. In fact, the company was pocketing this delivery fee. Many shoppers also disclosed that they believed that the delivery charge was a gratuity, not a fee for the store. Tipping law can be complicated so it is important to know your rights. Our California employment law attorneys are dedicated to raising awareness to protect the rights and interests of workers. Here are some facts you may not know about California tipping law:

Gratuity is the property of the employee. Under California law, employers are prohibited from collecting, taking, receiving or redistributing a tip left for an employee. Tips are the property of the employee and can be defined to include any tip, gratuity, or money left for an employee over and above the amount left for services.

Colleges Under Investigation for Mishandling Sexual Harassment

June 17, 2014 | by Nassiri Law

Sexual harassment is a widespread problem in a range of employment settings, but it can also take place in the university. State and federal laws protect victims of sexual harassment and institutions can be held accountable for failing to take action. According to CNN, federal investigators have been scrutinizing 55 colleges and universities nationwide to determine if they illegally mishandled sexual harassment and violence complaints. The U.S. Department of Education has announced that the investigations includes colleges and universities in 27 states and in D.C.

Private and public institutions can be held liable for sexual harassment. Whether the victim is one student or the institution has a record of discriminatory practices or policies will determine the ultimately liability. Our Orange County sexual harassment attorneys are dedicated to protecting victims and to preventing future cases. We will take a strategic and informed approach to any allegation, determine the best course of action, and take aggressive steps to help victims achieve justice.

In the university investigations, federal agencies assert that they are looking to create transparency in the system to improve future response actions. The agency has also released the names of the universities which are under investigation to improve public awareness and to make victims informed of their rights. The agencies are also reminding students and other civil rights advocates that just because a university is the target of an investigation, it has not necessarily violated the law.

Ninth Circuit Reinstates San Francisco Police Age Discrimination Case

June 15, 2014 | by Nassiri Law

As baby boomers approach their retirement years, and a significant number of workers enter middle-age, an increasing amount of age discrimination cases have been cropping up in California and nationwide. In a recent case against the San Francisco police department, the Ninth Circuit has ruled that a class of over-40 police officers are able to proceed with their age discrimination case after they were denied promotions. The case was reinstated under California’s Fair Employment and Housing Act and could bring justice to the officers who were wrongfully and illegally denied promotions.

According to Bloomberg, the lower court wrongfully rejected the proposed class for failure to raise a common question of law or fact. The Ninth Circuit determined that the officers in fact met requisite standards for class certification. Our Orange County age discrimination and employment law attorneys are committed to protecting the rights of workers throughout California. In addition to fighting for the rights of individual workers, we are dedicated to raising awareness to prevent future discrimination.

Plaintiffs for the attorneys stated that they believe the decision was the right one for the class and could have wider implications beyond the Ninth Circuit. The decision has the effect of reducing the burden of proving the merits of a case at the class certification stage. Critics of the decision allege that making class certification easier will mean that litigation will last longer, pose more risks, and be more costly to defendant employers.

Student on Teacher Sexual Harassment: Third-Party Liability

June 12, 2014 | by Nassiri Law

Employers are responsible for counteracting sexual harassment in the workplace through preventative measures and disciplinary policies. In the event that harassment creates a hostile work environment, employers can be held liable. In a recent California case, a Catholic School teacher is bringing a lawsuit against a school alleging that students took turns taking photos up the skirts of their female teachers. The plaintiff was harassed for more than two years in her own classroom without any assistance from supervisors or administrators. The lawsuit alleged that the “boys will be boys” policy failed to protect her and other teachers from harassment in the workplace.

Sexual harassment cases can be qualified as either hostile work environment or quid pro quo. In this case, the private school’s failure to take action for repeated harassment and the hostile work environment could be held liable. Our Orange County employment law attorneys are committed to protecting the rights of our clients and to staying abreast of legal news and developments that may impact California workers. This case sheds light on a new possibility for liability involving student on teacher harassment.

According to reports, the abuse started in 2012 when students wrote sexually explicit remarks about the teacher in the bathroom. Last May school administrators learned that the boys were collectively in a competition to take the “best” photo up a teachers’ skirt. There were several teachers targeted by the video and photo assaults. After performing an initial investigation, six students were expelled and six more were suspended. According to the plaintiff, one of the students distracted her while another put his phone up her skirt to take photos. A student who saw the incident reported it and the administrators informed the plaintiff.

Rite-Aid Class-Action: “No Seats for Cashiers” Case Revived

June 10, 2014 | by Nassiri Law

In violation of state labor regulations, Rite-Aid is facing a class-action lawsuit for failing to provide its cashiers with seats. Though the trial court initially decertified the class of employees, the Fourth District Court of Appeal has reopened the case, reversing the previous decertification erroneous for considering merits of claim rather than the appropriateness of a class remedy. The class-representative plaintiff was an employee at Rite Aid in San Diego, who alleged that the company violated an Industrial Welfare Commission Regulation that requires employees be provided with seats when the nature of work reasonably permits.

When a company is in violation of state or federal labor regulations, employees can take legal action. In many of these cases, class-actions are a viable way to obtain justice and remedies for a large number of employees. Our Orange County employment attorneys are dedicated to protecting the rights of workers throughout California. In addition cases involving labor laws, we are also prepared to take cases involving sexual harassment, discrimination, and wage and hour violations. Employment cases can be complex, so it is important to consult with an experienced advocate to ensure the best possible outcome in your case.

According to the Fourth District Court of Appeals May 2 publication, the class certification was initially denied as a result of the company’s objection that the individual circumstances would dominate the case. When pursuing a class-action lawsuit, it is necessary that members of the class are similarly situated and that the facts of the case are the same for each plaintiff. The Rite Aid defense attorneys alleged that the class representative did not represent all members of the class because each store had varying requirements for each cashier and clerk.

Age Discrimination Bad for Employment and Health

June 9, 2014 | by Nassiri Law

Age discrimination is illegal in the workplace, but still impacts a significant portion of the labor force. New research shows that individuals who suffer from age discrimination may be at risk of more than just their employment status. According to a study conducted by the Florida State College of Medicine, individuals who believe that they have suffered age discrimination also suffer poorer health. The impact of age discrimination on health has shown to be worse than even the impact of perceived racism or sexism.

In the state of California, age discrimination is illegal. Failure to hire, promote, or termination based on age discrimination may give rise to a civil action against an employer company. Our Los Angeles age discrimination attorneys are dedicated to protecting the rights of employees. If you believe you have suffered from age discrimination in the workplace, our legal team will take immediate action on your behalf. In addition to providing sound counsel and advocacy to victims of discrimination, we are abreast of the legal developments and research that may impact our clients.

According to the study that was published in the American Journal of Geriatric Psychiatry, researchers tracked the changes in health of individuals over a four-year period. They had done previous research on whether perceived discrimination based on weight was associated with the risk of obesity. Using prior results, the researchers wanted to test whether the same association could extend to other types of discrimination. An initial study revealed that adults who believed that they had been discriminated against because of their weight suffered health declines more significantly than those who did not suffer from perceived discrimination.

The Rise of Cheerleader Lawsuits

June 6, 2014 | by Nassiri Law

Employment legal disputes can often invoke a class-action if there is more than one plaintiff injured by similar facts and circumstances. Employees who have suffered from discriminatory practices or policies will often take collective legal action against their employer. This is common in the event of wage and hour disputes. Last January, some jeered a cheerleader’s wage-and-hour dispute with the Raiders, but now other cheerleaders in the NFL have followed and filed similar lawsuits. At least one of these lawsuits is pending class approval.

Following the initial wage-and-hour claim, there have been several other lawsuits filed over unfair labor practices. Now NFL teams are being forced to look at compensation policies and cheerleader work schedules to determine if they are actually in compliance with federal labor laws. Our Orange County employment law attorneys are dedicated to protecting the rights of workers facing wage and hour disputes with their employer. We will take the time to review your case, assess your underlying claims and take strategic action to protect your legal rights.

Several other NFL teams are facing lawsuits over unfair labor practices, including the Tampa Bay Buccaneers, Bengals, Bills, and Jets. In each of these cases, the cheerleaders allege that they have not been paid minimum wages for performing and participating in the activities they are expected to during the course of employment. In addition, the cheerleaders have been expected to use their own money and to pay out of pocket for many of the expenses incurred while on away games or when performing other work duties.