Orange County Employment Lawyers Blog

New Bill Focuses on Ending Sexual Harassment of Farmworkers

June 1, 2014 | by Nassiri Law

Some industries and professions leave women more susceptible to sexual harassment, even violence in the workplace. Now, legislators and female workers in the agricultural industry are working together to stop the sexual harassment of farm workers in California. According to reports, women who work in fields and packaging plants are often the target of sexual harassment by crew bosses who have threatened to fire those who speak up. A new bill would crack down on employers who are responsible for harassment or who fail to protect workers.

Sexual harassment is illegal in any work environment and retaliation for reporting misconduct is illegal. Our Orange County employment law attorneys are dedicated to protecting the rights of sexual harassment victims. In addition to providing sound counsel and representation, we are also abreast of the legal issues and developments that impact worker rights in California.

SB 1087 is a proposed measure that targets farm labor contractors who hire workers for field jobs. The law would give the state labor commissioner the power to revoke licenses if supervisors sexually harass workers. The law is intended to keep employers abreast of interactions in the field and to ensure that workers and supervisors are held accountable in the event of harassment.

California Congresswoman: Minimum Wage Should Be $26 An Hour

May 29, 2014 | by Nassiri Law

Nationwide, cities, states, and even the federal government are considering and passing minimum wage hikes to protect low-wage workers and to meet contemporary financial needs. Though California’s minimum wage is slated to go up in July, other legislators are considering more aggressive hikes to support California workers. During an interview on CNN’s Crossfire, U.S. Representative Barbara Lee said that the minimum wage in California should be set at $26.00 an hour.

The minimum wage arguments have extended beyond cities, states and even the U.S. federal government. In Switzerland, a recent vote was held to raise the minimum wage to $25.00 an hour. The plan was rejected, however, the push towards minimum wage hikes demonstrates a general movement in favor of raising wages and the standard of living for the lowest paid workers in industrialized nations. Our Orange County wage and hour attorneys are dedicated to providing strategic counsel and advocacy to employees throughout our community and statewide. We are abreast of legal developments and are committed to keeping workers informed of their rights.

Minimum wage hikes have faced GOP resistance. Business lobbyists have argued that the minimum wage law is a setback that could result in more unemployment. Those in support of raising minimum wages see the shift as a way to help low-income workers meet base needs and have hope for a future. Activists admit that one or two extra dollars an hour would never send these workers into an upper-middle class income bracket, but it could be the necessary shift to simply make ends meet. Nationwide, cities, states and the federal government have recognized that old minimum pay rates do not equal the rate of inflation. This has left America’s lowest paid barely hovering above the poverty line. In many instances, these workers are left far below the line of poverty, making it difficult or impossible to ever get ahead.

ENDA or Executive Order? Federal Action to End LGBT Discrimination

May 26, 2014 | by Nassiri Law

Workplace discrimination continues to impact the LGBT community in California and nationwide. Despite intolerance, hostile work environments, and other discriminatory practices, sexual preference is not a protected class. According to the Huffington Post, Vice President Joe Biden believes that President Obama should use his executive authority to ban workplace discrimination against LGBT members. Though this is one solution, the better option would be passing the Employment Non-Discrimination Act, a bill before Congress that could have more effective and widespread benefits.

Many members of the LGBT have expected and waited for the White House to act to protect their rights in the workplace. During the 2008 campaign, the President promised to take executive action regarding LGBT discrimination, though no action has been taken. The President’s failure to act has been a disappointment to the LGBT community, though many hold out hope that passage of the ENDA or executive action is still possible. Our Orange County LGBT rights attorneys are dedicated to protecting the rights of the LGBT community. We are also aware of discriminatory practices in the workplace and are committed to raising awareness to protect workers throughout California.

Though the White House may be pushing action back to Congress, passing ENDA would have more long-term benefits to the LGBT community. Under the law, it would be illegal to fire or harass anyone at work for being LGBT. If the executive order passed, the legal protections would only extend to federal contractors. According to critics of the argument, an executive action should be made regardless of whether Congress passes ENDA. Other groups, including minorities, have multiple legal protections, including federal employment laws passed by Congressional action as well as those passed by executive order.

Pier One Imports Faces Pregnancy Discrimination Class-Action

May 23, 2014 | by Nassiri Law

Pregnancy discrimination continues to threaten the security, position, and rights of women in the workforce. A class-action discrimination lawsuit has been filed against the large retailer, Pier-One Imports after a plaintiff was forced into maternity leave before her due date. California labor law protects women from such discrimination; however, not every state has the same protections for pregnant employees. The case was filed by the Legal Aid Society in the Superior Court of California in the County of Santa Clara.

Under California law, pregnant employees cannot be forced into voluntary leave. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of women in the workplace. Our legal team will investigate any allegation of pregnancy discrimination and pursue every legal avenue to protect your rights and interests. We are experienced with even the most complex employment and labor disputes and can effectively handle your case. In addition to advocating for our clients, our legal team is abreast of cases and legislative developments that impact the rights of our clients.

The plaintiff alleges numerous discriminatory acts, including failure to provide reasonable accommodations for her pregnancy. According to the Legal Aid Society, the plaintiff informed her employer that she was not able to lift more than 15 pounds during her pregnancy or climb ladders. According to Pier One, the company has a ‘light duty’ policy allowing pregnant women with related conditions to be on light duty up to 8 weeks. After these 8 weeks, the employees are put on unpaid pregnancy leave if continued accommodations are necessary. The plaintiff was put on light duty which ended after 8 weeks and then put on unpaid pregnancy leave which was set to expire before her duty date. According to these terms, the plaintiff would have had to return to work before she gave birth.

CA Faces Legislative Debate Over Perma-Temp Workers

May 21, 2014 | by Nassiri Law

Businesses, especially large corporations, have been gradually using more temporary workers to reduce wage liabilities and evade other regulatory and compliance measures. Another growing trend is the use of ‘perma-temp’ workers or long-term temporary workers managed by staffing agencies rather than direct employers. These workers are often found on farms, in factors, hotel rooms, restaurants and a wide range of other industries. Such temps significantly reduce wage costs and other liabilities for employers. Now California activists and legislators are looking for a legal solution to stop the use of ‘perma-temp’ workers and to establish protections against abuse.

The rise of the use of perma-temp workers has been an alarming shift, causing an uproar among workers, labor unions and other advocates. The use of staffing agency to manage temporary workers and handle wages lets big companies off the hook. Now a legal battle between labor and businesses is gearing up in Sacramento and could signal a legislative shift in California. Our Orange County employment attorneys are committed to protecting the rights of workers in California and can protect your rights in any wage and hour dispute. We are also committed to staying abreast of legal issues and trends that impact workers’ rights in our community and nationwide.

According to a report published by the National Employment Law Project, low-wage temping grew 41% between 2008 and 2012. There are approximately 3.4 million staffing agency jobs last year which makes up 2.25% of all employment. This shift from permanent employees to temporary staff workers creates as system of disposable workers without rights. Evidence has shown that the use of perma-temp workers allows contractors to exploit legal loopholes, flout safety regulations, skirt overtime and wage requirements, and avoid workers’ compensation and unemployment insurance benefits. Workers who challenge the system or seek to assert their rights can quickly lose their position and staffing agencies simply move on to the next hire.

LGBT Community Still Not ‘Out’ at Work

May 19, 2014 | by Nassiri Law

Despite a growing awareness, legal advancements, and tolerance towards the LGBT community, employees still admit that they are aren’t necessarily willing to be “out” in the workforce. Workers may not feel comfortable coming out, either in job interviews, or when on the job. According to a CNN report, 53% of lesbian, gay, bisexual, and transgendered employees are “still in the closet” when it comes to their employment. The study was published by the Human Rights Campaign after surveying 806 LGBT respondents. This number is only up 2% from the same poll that was taken in 2009, indicating that despite some advancements, the LGBT community may still face discrimination in the workplace.

In the event of workplace discrimination, employees have the right to take action against their employer. Our Los Angeles employment lawyers are dedicated to protecting the rights of employees. If you have suffered discrimination, we will take the time to review your case, identify any misconduct, and aggressively pursue legal action. Sexual orientation discrimination is illegal under California law and should not be tolerated. Our firm is committed to raising awareness and protecting the rights of the LGBT community in Los Angeles.

More than ever, individuals, organizations, and legislators are more open-minded, tolerant of the LGBT community. Reports indicate that more companies offer LGBT benefits to families and businesses have non-discrimination policies to protect the rights of LGBT employees. More than half of Americans support same-sex marriage and a general cultural shift suggests that members of the LGBT community should be comfortable in their decision to “come out” in an employment setting.

Allstate Case Illustrates Risk of Signing Away the Right to Sue

May 13, 2014 | by Nassiri Law

After a company-wide restructuring, Allstate Insurance changed the rules for as many as 6,200 agents. Some agents had invested their own funds to build up their agencies over a decade or longer, with one man investing as much as $120,000 over 14 years and another investing $80,000. In 1999, these agents were called into meetings and told that while they could continue to sell Allstate Insurance, they were being reclassified as independent contractors. They lost their retirement accounts, their profit sharing, and their health insurance as a result, and their pension benefits would no longer continue to accrue.

If the workers accepted the deal, they were required to sign a waiver as a condition of continuing to work for Allstate. The waiver indicated that they were giving up their rights to sue. Many signed the waiver, but 31 agents sued Allstate anyway for age discrimination and breach of contract, among other claims. It has now been 13 years and the case is still moving through the courts. It illustrates both the complexity of employment discrimination cases as well as the importance of speaking with an Orange County employment law attorney before signing any type of waiver.

Allstate Case Shows Perils of Signing Waivers

The Market Doesn’t Set Salaries- Boards Do

May 11, 2014 | by Nassiri Law

CNN Money recently tackled the widespread myth that the market sets salaries. The reality is that this is simply untrue. People on the company’s compensation committees set salaries and sometimes these boards do not make smart or informed choices. In fact, sometimes compensation committees make decisions that cause damage, including wage theft or employees making salaries that are below a living wage.

While employers do not necessarily have to guarantee you a living wage, they do have to pay at least the minimum wage and they must comply with labor laws, including those prohibiting wage theft. If you are the victim of an employer that fails to pay you the amount required by law, an Orange County employment law attorney can provide you with assistance in pursing legal action.

Compensation Committees Often Fail to Consider the Big Picture

Tech Companies to Pay Millions to Settle Wage-Fixing Lawsuit

May 9, 2014 | by Nassiri Law

In 2011, tech workers filed a class action lawsuit against Apple Inc., Google Inc., Adobe Systems Inc. and Intel Inc. The workers claimed that the four tech giants conspired together and agreed that they would not solicit each other’s workers. This agreement was designed to prevent a salary war that would inflate the wages of workers within the technology industry.

Reuters reports that the tech companies have now agreed to pay a total of $324 million to settle the lawsuit. The case was being closely watched because of the potential for a significant damage award. It also illustrates that employees in every field and every industry, even highly skilled workers, are at risk of potentially abusive and unfair behavior. Workers need to understand their rights and should consult with a Costa Mesa employment law attorney if they believe that they are being treated inappropriately or unfairly within the workplace.

Wage-Fixing Prohibited By Law

Bill Would Allow Liens for Wage Theft in California

May 7, 2014 | by Nassiri Law

Assemblyman Mark Stone has introduced a bill, AB 2415, which would allow employees to record and enforce a lien on an employer’s property when allegations are made of unpaid wages. The lien may be recorded prior to the employee proving his entitlement to back pay. If the employee succeeds in demonstrating that he is owed wages by his employer, then the employee would also be allowed to recover attorney’s fees and costs for the legal action. The Division of Labor Standards Enforcement (DLSE) and groups of employees would also be able to record and enforce a lien against an employer’s real or personal property.

According to the LA Times, nearly 100 members of the Service Employees International Union (SEIU) marched on a Sacramento office of the California Chamber of Commerce in support of the bill in late April. If passed, it could help employees to have a better chance of getting the money that their employers should have paid to them but failed to provide. Those who are victims of wage theft and whose employers fail to pay as promised should consult with a Los Angeles employment law attorney for assistance.

Unpaid Wages a Serious Problem in California