Orange County Employment Lawyers Blog

Nurses Lawfully Entitled to Adequate Breaks, Wages and Overtime

December 31, 2018 | by Nassiri Law

Nursing is a demanding profession, complete with grueling 12-hour shifts, dangerous conditions, dangerous patients and often seemingly very little time to stop for the restroom or eat a meal. Hospitals, nursing homes and rehabilitation facilities nationwide often require mandatory overtime as part of standard practice, given the nursing shortage the profession is experiencing, per the American Association of Colleges of Nurses. However, California law expressly prohibits mandatory overtime and nurses do have the right to refuse to work overtime and are protected from retaliation for their refusal. Nurses can’t be required to work more than 12 hours in a 24-hour period, the only exception being an emergency.

Further, under the federal Fair Labor Standards Act requires that all non-exempt employees are paid at least the federal minimum wage for all hours worked and overtime pay for any hours worked over 40 in a given workweek. Hospitals and any other institutions primarily engaged in the care of sick, aging or mentally ill are covered employers per Section 3(s)(1)(B) of the FLSA. Some health care facilities track employee hours in increments of 15 minutes, and the FLSA does allow these facilities to round to the nearest quarter hour for wage and overtime hour purposes. However, an employer who always rounds down may violate the minimum wage and overtime requirements.

Recently in Oregon, which has similar workplace protections for nurses in terms of wage and hour laws, a hospital system is being sued for failure to properly pay its nurses, denying them meal and rest breaks and improperly docking their wages. They’ve filed a federal class action lawsuit against the health care chain of hospitals, according to The Oregonian. The hospital allegedly failed to compensate non-exempt nurses for their work during meal breaks and also for work they performed while they were off-the-clock. Continue Reading ›

Report: Age Discrimination in U.S. Pervasive For Workers Over 50

December 28, 2018 | by Nassiri Law

A recent analysis conducted by ProPublica and the Urban Institute reveals workers over 50 in the U.S. are more likely to be pushed out of their longtime jobs and careers, sometimes long before they choose to retire. In many cases, this results in an irreversible degree of financial damage. Orange County age discrimination attorneys in California know that many Americans assume that by the time they reach 50-years-old, they’ll have the benefit of steady work, they’ll have a solid start on their retirement savings and at least 15 to 17 more years of their career ahead of them – with some freedom to decide exactly when they’ll go. Unfortunately, that is no longer the reality for many workers.

Researchers conducted this analysis by examining information gleaned from the Health and Retirement Study (HRS), which is one of the best broad-based information sources we have about aging in the U.S., tracking a nationally representative sample of about 20,000 people since 1992, starting when they turned 50 and on through the rest of their lives.

What they discovered was that by the time workers entered the study to the time they they exited a paid employment role, approximately 56 percent were laid off at least one time (some more) or left jobs under circumstances that so financially destructive it was almost certain they were pushed out rather than chose to exit voluntarily. After such an event, only one-tenth of those workers went on to ever earn as much as they did before their employment setbacks. Even years later, household incomes of older workers who experience such losses are still much lower than those who don’t work. It’s not how most people anticipate ending their careers. Continue Reading ›

UPS Pays $5 Million for Religious Discrimination of Male Haircut Policy

December 26, 2018 | by Nassiri Law

For subjecting employees to religious discrimination at work with its haircut policy, package delivery company UPS has agreed to pay $5 million. Los Angeles religious discrimination attorneys understand company uniform policy was that males who interacted with customers maintain hair above collar length and never grow a beard (no facial hair below the lip). The problem with this, according to numerous former employees and the Equal Employment Opportunity Commission, is that this rule conflicted with their faith, which required them to keep their hair and beards uncut.

Business Insider reports the policy was specific to workers who had interactions with customers. Beards and long hair were allowed, however, for those employees who worked positions that were back-of-the-house. This put advancement limitations on employees from a number of religious faiths, including:

Islam
Rastafarianism
Orthodox Christianity
Sikhism
Native American religions

Each of these faiths has provisions that instruct men – either always or sometimes – to maintain long hair and facial hair. Applicants, employees and former employees were often forced to choose, the EEOC said, whether they should go against the teachings of their religion or whether they really wanted to land or keep that UPS job (or hoped to advance any further in it than stocking). Some applicants were told, “No haircut, no job.” Requests for accommodation by these men were rejected. Continue Reading ›

Push for Federal LGBTQ Discrimination Law Renewed with New Congress Taking Over

December 23, 2018 | by Nassiri Law

Next month, newly-elected Democrats will be seated in the U.S. House of Representatives, and current Minority Leader Nancy Pelosi, likely next Speaker of the House, has vowed to make a priority of establishing widespread equal rights for LGBTQ individuals – including anti-discrimination laws in the workplace. As our Los Angeles LGBTQ discrimination attorneys can explain, polling evidence shows that since the U.S. Supreme Court in 2015 ruled same sex couples are constitutionally allowed to marry, public support for LGBTQ rights has surged and religious resistance has waned. And while California and 19 other states already have anti-discrimination laws that protect LGBTQ workers, there has never been a federal equality law for these individuals.

The Obama administration did extend some protections, issuing guidelines that protected transgender students and taking the firm position that Title VII’s law regarding gender-based employment protections apply to LGBTQ people. The Trump administration summarily began tearing that all down, banning transgender people from the military, broadening religious exemptions for federal contractors who discriminate against LGBTQ people, proposing a repeal of Section 1557 that protected transgender people from health care discrimination, arguing Title VII law does NOT extend protection to transgender workers and issuing numerous executive orders effectively rolling back LGBTQ rights.

Our LGBTQ discrimination attorneys in Los Angeles and others have been fighting back in the courts, but a federal Equality Act would offer clear, decisive protections nationwide.

Historical Fight for LGBTQ Equality

By-and-large, the hammer of the courts has fallen squarely on the side of LGBTQ worker rights and protections. A new law would help cement very explicit protections for people based on sexual orientation and gender identity in areas like employment, education, housing, credit, public accommodations, jury service and a number of federal programs. Continue Reading ›

California Catholic School Teacher Fired After Seeking Leave for Cancer Treatments Can Sue, Court Rules

December 19, 2018 | by Nassiri Law

California employees are entitled to broad anti-discrimination protection under state law. Employers are not allowed to discriminate against employees on the basis of gender, disability, religion, sexual orientation, pregnancy, age, ethnicity or nationality. However, it often surprises people to know there are some instances in which certain California employers can legally discriminate against some employees for certain reasons. As a Los Angeles disability discrimination attorney can explain, one type of employer most commonly cited are religious organizations; more specifically, religious schools. There are more than 40 Catholic schools from pre-K through high school just in Los Angeles alone, plus 11 Catholic colleges in the state of California. Private schools that accept federal funds (as many do) are required to abide by federal anti-discrimination laws (which, it should be noted, aren’t as stringent as state laws). What’s more, religious schools may be entitled to some exceptions.

Teacher Wins Bid to Sue School For Disability Discrimination in Los Angeles

Recently in Los Angeles, the U.S. Court of Appeals for the Ninth Circuit ruled a fifth-grade teacher alleging she was fired for taking time off for breast cancer treatment may proceed with her wrongful termination lawsuit, reversing the trial court’s summary judgment last year favoring the school. Plaintiff was hired in 2013 as a full-time teacher. Prior to the school year, plaintiff signed an employment agreement. Although it didn’t require that she be Catholic, it did mandate that teachers model, teach and promote conformity in behavior to the teachings of the church, including leading the students in prayer each day and attend Mass with students once monthly (primarily acting as a babysitter). She had received one positive review, a few weeks after which she learned she’d been diagnosed with breast cancer. This information was shared the following week with the school, indicating she’d need time off starting in late May for cancer treatments. Just a week before she was scheduled to be on leave for treatments was the school’s deadline for informing teachers if their contract was being renewed for the next school year. Plaintiff’s contract was not. Reasons given: She wasn’t strict enough with students and further that it “wouldn’t be fair to the students to have two teachers during the next school year” (as she’d be off the first part of the year continuing cancer treatments). The supervisor later conceded it would not have been a burden to the school because it was done routinely for female teachers on maternity leave.

Nurse Alleges California Racial Discrimination Led to Wrongful Termination From Hospital

December 16, 2018 | by Nassiri Law

A former nurse at a hospital in Pasadena has filed a California racial discrimination lawsuit against the hospital where she worked for nearly four decades, up from a housekeeper in 1984 to a registered nurse, charge nurse and later a nursing instructor. For the first 30+ years of her employment, her work experience was positive. Until late 2017, she’d never had any written reprimands. It was around this time two new supervisors were named to oversee her department. From that point on, she alleges, nurses who were black and Latina were routinely targeted for discriminatory action, with allegations coming from a small group of white nurses.

As the San Gabriel Valley Tribune reports, the lawsuit filed in Los Angeles Superior Court alleges the hospital fired wrongfully terminated her for retaliation and intentionally inflicted emotional distress when she reported racial discrimination, which the hospital failed to prevent. Once the new supervisors started, she alleges Latina and black nurses were regularly singled out, harassed, given poor performance evaluations, stripped of advisory board roles and passed over for promotions. In fact, the very same month the supervisors took over, plaintiff was given a reprimand on the basis of a reportedly anonymous complaint by another worker, indicating misconduct. Problem was, on the date specified, plaintiff wasn’t even at work.

The following month, human resources personnel called her in for a meeting about further employee dissatisfaction. It was at that time she told HR that she was being discriminated against, pointing out a white nurse who had been the subject of another complaint months earlier had been given the chance to defend herself fairly, while she was denied that same opportunity when she asked. The very next month, she was again called to HR for another anonymous worker complaint. In the face of all this, plaintiff said she offered to go back to the registered nurse position she held previously and step down from her supervisory role. However, she was told the hospital didn’t allow employee demotions, her lawsuit states. Later that month, she was fired. Continue Reading ›

Wage Theft at California Car Wash Results in $1.6 Million Settlement for Workers

December 15, 2018 | by Nassiri Law

For far too many car wash workers, the wages are washed out. Minimum wage in California is $11, set to increase to $12 on Jan. 1, 2019. In Los Angeles, where it’s well-known the cost-of-living is much higher, any employer with 26 employees or more must pay at least $13.25 hourly. Smaller employers in L.A. can get by paying $12 hourly.However, Los Angeles wage theft attorneys know throughout California and across the U.S., car wash owners aren’t coming clean with their workers.

One of the most recent cases of car wash wage theft took place right here in L.A., where The Drive reports employees at two Los Angeles car washes have won more than $1.6 million in back pay restitution, civil penalties and covered litigation costs/attorney’s fees. Additionally, the company’s owner will be subject to an injunction for four years, during which compliance with all California wage and hour labor laws and regulations must be assured.

The car washes, according to claims filed by the Los Angeles attorney’s office, are that the car wash operations short-changed an estimated 60 workers since 2014. Employee work hours were vastly under-reported. In some instances noted by attorneys, the company was compensating workers $45 for working a full 10-hour shift. The U.S. government currently has minimum wage is currently at $7.25. It’s higher in California (and also Los Angeles) because it’s very expensive to live/work/commute in this region. These car wash employees were being paid one-third the minimum wage they should have been earning for their hard work. Continue Reading ›

California Janitor Sexual Harassment Bill Vetoed, Door Still Open for Further Action

December 13, 2018 | by Nassiri Law

A bill that would have expanded California sexual harassment training for janitorial companies and their uniquely vulnerable workers was vetoed by the governor, who urged sponsoring lawmakers to give the state and employers more time to fully implement the 2016 janitorial worker sexual harassment legislation, which is still getting off the ground.

Approval of AB 2079 would have meant that required janitorial firms provide sexual harassment training for supervisors and employees that would extend far beyond watching a boiler-plate video and signing a form. They’d hear from actual survivors of sexual abuse and sexual harassment in the California janitorial industry. They would also be given encouragement and more information on their legal options to hold abusers and workplaces accountable.

Although some of the most highly-publicized accounts of sexual assault and sexual harassment spurred the #metoo and #TimesUp began have been told by employers in elite industries (proving sexual harassment and abuse are pervasive everywhere), Los Angeles sexual harassment attorneys and other worker advocates know janitorial workers, agricultural employees, home health care and hospitality workers are at high risk. The primary risk factor is power disparity between victim and abuser. Women, those earning low wages, people of color, immigrants – all of these individuals start off at higher risk. Immigrants especially can face language and cultural barriers that can lead to fear of deportation, cultural barriers and a misunderstanding of their rights and what will happen if these offenses are reported. Now factor in the isolation, overnight shifts and lack of regulatory oversight that are so integral to the industry, and it’s not hard to see why these employees are at such high risk for abuse. Continue Reading ›

California Gender Discrimination Targeted With Female Board Member Mandate

December 9, 2018 | by Nassiri Law

California gender discrimination has long kept well-qualified women out of the upper echelon of the workforce. The so-called glass ceiling may have been shattered at some firms, but at others, it remains firmly intact. In some cases, top-level female executives and other employees have been able to prove via Los Angeles gender discrimination lawsuit that it was in fact their status as a woman that led to doors closing on key opportunities and benefits.

Now, California has become the first state to require gender diversity in the boardroom. SB 826 mandates at least one female board member for every publicly-held corporations with principle executive offices in the state by the close of next year. By 2021, companies (depending on their size) will need to have at least two or three women. For the hundreds of firms that will be affected, failure to comply will result in a $100,000 fine for the first offense and $300,000 for the second.

However, Los Angeles gender discrimination lawyers know the law is likely to face legal challenges. Gov. Jerry Brown, who signed the law in September, admitted as much. Still, it’s worth noting more than a quarter of companies that are publicly-traded do not have a female member on the board – despite copious research that firmly establishes firms that do score better in areas of productivity and profitability. Continue Reading ›

Secret Settlements in California Sexual Harassment Lawsuits Now Banned

December 6, 2018 | by Nassiri Law

Workers who’ve suffered California sexual harassment will now have a number of new state-level protections in place as of next year, including:

An end to employer-imposed secrecy and non-disclosure agreements that silence victims and protect abusers (victims may still choose to keep their own identify protected);
An attempt to end the so-called “one free grope” standard confirmed by the 9th Circuit federal court 18 years ago (stemming from the “severe or pervasive” legal standard set forth in California’s sexual harassment statute);
Mandated sexual harassment training increased to twice annually for all California employees.

Los Angeles sexual harassment attorneys have been watching these efforts move down the legislative pipeline (along with a few others, including the highly-controversial AB 3080, which would have banned mandatory arbitration agreements as a condition of employment, which failed when voted by Gov. Jerry Brown). The good news the passage of these new measures at least provide a solid foundation for harassed, abused and exploited workers to have adequate means of protection and reprisal.

Each measure goes into effect on Jan. 1, 2019. Continue Reading ›