Orange County Employment Lawyers Blog

Sexual Harassment Not Prevented by California Prison System, Feds Say

July 25, 2013 | by Nassiri Law

A former California prison cook is suing the state, with help from the U.S. Department of Justice, for allegations that his bosses did nothing to halt serious and ongoing sexual harassment that he suffered by a female co-worker.

Our Costa Mesa sexual harassment attorneys know that while sexual harassment complaints are exceedingly common, what makes this claim interesting is that it involves a male plaintiff. Sexual harassment is vastly under-reported as it is. It is even more under-reported when the plaintiff is a male and the accused is a female.

There tends to be the erroneous assumption that male employees either secretly enjoy such treatment or that they should be able to simply handle it on their own. Neither is the case. And as this situation reveals, the perpetrator need not even be a supervisor.

Overtime Court Battles Wage in California, Nationwide

July 23, 2013 | by Nassiri Law

A class action overtime lawsuit involving Los Angeles mechanics who alleged they were unfairly denied overtime pay by their employer has been settled for $3.5 million, meaning each claimant can expect to receive between $9,000 and $10,000.

Our Costa Mesa wage and hour attorneys know that cases like this are becoming more common, as workers become more and more educated about their rights.

It helps that there are a number of recent cases in which workers have won big in these cases. That’s encouraging, but it’s also natural that workers want to fight for themselves and fair wages.

Tipped Workers Stiffed by Court in Starbucks Case

July 21, 2013 | by Nassiri Law

The Court of Appeals in New York has issued an opinion stating that Starbucks shift supervisors may share in the barista tip pool, despite their supervisory role.

Our Costa Mesa wage attorneys recognize that a similar case out of California was the catalyst for this ruling.

The coffee powerhouse had initially been ordered in 2008 by the San Diego County Superior Court to pay some $86 million in restitution to baristas nationwide for improper tip practices, plus another $20 million in interest. The lawsuit centered on the exact same issue: Should shift supervisors be allowed to share in those tips?

California Temporary Worker Rights, Part 2

July 19, 2013 | by Nassiri Law

In this second entry of our two-part series on the rapid proliferation of temporary workers in California, our Costa Mesa employment lawyers continue to explore some of the vulnerabilities of these employees and the extent of the power they do hold.

We’ve been closely following the ProPublica/TIME Magazine series on temporary workers.

While the number of temporary workers throughout the country continues to grow, the number of individuals who will secure full-time employment as a result of these positions is low – about 30 percent. In the meantime, most will earn less than $25,000, some taking in less than half of minimum wage once various fees are factored.

California Temporary Worker Rights, Part 1

July 17, 2013 | by Nassiri Law

The road to economic recovery has been marked by a stagger more than a stride.

As such, our Costa Mesa employment lawyers know that while the number of full-time positions has waned, the number of part-time and temporary jobs has seen a significant uptick. At least in the immediate term, there is no real sign that this will change.

Temporary workers in California are almost always at a disadvantage, in comparison to full-time workers. They aren’t given health benefits, disability benefits or many of the other considerations that those with more permanent positions enjoy.

Wage Disparity For Women Grounds for Discrimination Lawsuit

July 15, 2013 | by Nassiri Law

We tend to think of higher education institutions as harbingers of more progressive thought and policies, ahead of the curve on issues of equality and fairness.

Unfortunately, as our Costa Mesa wage dispute lawyers know, this is not always the case. It’s rare, though, to see it stated as blatantly as it was by administrators at the University of Denver’s Sturm College of Law in a recent memorandum regarding pay raises.

We know that as recently as 2012, women on the whole earned 77 percent of what men did and that it’s further estimated by the Equal Employment Opportunity Commission that this gender wage gap isn’t going to be fully closed until sometime around 2060. That doesn’t mean we won’t continue to fight for it to happen sooner.

Race Discrimination at California Target Stores Alleged

July 13, 2013 | by Nassiri Law

The memo that went out to Target managers in Northern California was supposed to curb some of the issues the company had apparently been having with cultural insensitivity.

Instead, that communication became symbolic of the harassment and discrimination that Hispanic employees there were being forced to endure while working there.

Our Costa Mesa race discrimination lawyers understand that among the items listed, managers being counseled in “cultural sensitivity” toward Hispanic workers were informed that:

Disability Discrimination Lawsuit Settled for $91K

July 10, 2013 | by Nassiri Law

A Midwest power grid operator will need to pay $91,000 to settle a lawsuit with the Equal Employment Opportunity Commission over a claim that it discriminated against an employee who suffered a disability.

Our Costa Mesa employment lawyers find this case interesting for a number of reasons, the first of which is that the disability was not one that might be readily known or acknowledged by some employers.

This is becoming increasingly relevant as our understanding of what constitutes as a disability expands, particularly to include ailments relating to mental and emotional health. In the past, our concept of disability was often limited to obvious physical conditions and ailments. However, just because one’s debilitating condition is not visibly apparent, does not make it any less legitimate or worthy of employer consideration and concessions under the Americans with Disabilities Act, as this case clearly illustrates.

Race Discrimination Alleged by Workers Failing Criminal Background Checks

July 7, 2013 | by Nassiri Law

Employment criminal background checks can sometimes be a form of racial discrimination, according to the U.S. Equal Employment Opportunity Commission, which has filed suit against a large auto manufacturer and a discount retailer for this very reason.

Our Riverside race discrimination lawyers know that sometimes, proving in court that one employee was treated differently than another on the basis of race can be challenging – even when it’s absolutely true.

What these cases represent is a different approach to addressing the biases that have unfortunately been inherent in the workplace for years.

Sex Discrimination Allegations Hit National Food Marketer

July 5, 2013 | by Nassiri Law

Women who applied for jobs at one national food marketer were reportedly up against an impossible hiring curve, with systematic discrimination on the basis of their gender, according to the U.S. Equal Employment Opportunity Commission.

Our Costa Mesa sex discrimination attorneys understand that allegations made against the large company include:

Vice presidents openly announced a bias against female workers, at one point stating women weren’t capable of doing warehouse work and with one specifically wondering aloud, “Why would we waste our time bringing in females?”