Orange County Employment Lawyers Blog

Agent Wants Out of Contract After Claims of Assault

June 10, 2018 | by Nassiri Law

A longtime agent in Tennessee has filed a lawsuit against Los Angeles-headquartered Agency for the Performing Arts alleging a hostile work environment and seeking to be released from his contract. The lawsuit was filed in the U.S. District Court, Middle District of Tennessee. Plaintiff claims executives at the agency have tried to edge him out and take his clients, sent hostile and abusive emails to him, and threw him into a wall during an argument, according to a report from Tennessean. The agent alleged an internal inquiry into the events led to a vague response from the company, essentially calling on all parties involved to follow the rules and get along. Plaintiff found this conclusion unacceptable, and believes APA’s tolerance of a hostile work environment frees him of his contract, which is set to expire in 2019. Continue Reading ›

California Officials Aggressively Fighting Wage Theft Violations

June 9, 2018 | by Nassiri Law

The California Division of Labor Standards Enforcement is attempting to chip away at the state’s ongoing wage theft problem through a series of investigations throughout the state. Officials recently cited seven restaurants in the Bay Area for stolen wages totaling more than $10 million. Over $5 million of that total came from 133 workers at one restaurant, according to an article from SFGate. Additionally, six residential facilities in Los Angeles were issued citations totaling $7 million in recent months, and a Los Angeles restaurant was charged $500,000. In Chino, a fitness and weight loss chain was cited $8.3 million. Violations included counting tips toward minimum hourly wage, withholding overtime payments, and not paying split-shift premiums.

As our employment attorneys can explain, California minimum wage as of Jan. 1, 2018, is $11 per hour for places of employment with more than 25 employees, and $10.50 per hour for employers with 25 or fewer employees. The state is in the middle of a gradual increase process, with wages going up incrementally each year until they reach $15 per hour in 2023. In many states, restaurant workers have a different minimum hourly wage than other workers that is provided by their employer, so long as their tips bring them up to at least the standard hourly minimum wage. But in California, restaurant owners are not allowed to use tips as a credit toward their employees’ minimum wage. Servers must be compensated with full minimum wage, plus all the tips they earn. If a California employer holds back any tips or applies tips toward their hourly wage, it is considered wage theft. Continue Reading ›

Playing Field Becoming Less Level for Women Coaches

June 7, 2018 | by Nassiri Law

In what unfortunately is an unsurprising trend, the percentage of female coaches for NCAA sports teams is decreasing, even for women’s teams. According to a report from KCUR, women are actually losing ground over their male counterparts in coaching positions, despite more equal rights awareness and protections than ever.

To illustrate the trend, 20 percent of softball coaches were men in 1982 at the time of the first Women’s College World Series. The eight teams who played in the championships that year were all coached by women. Today, Division I softball programs have expanded greatly, and so has the percentage of men coaching those teams, up to 35 percent.

It’s not just softball that’s affected. In 1972 more than 90 percent of all collegiate teams were coached by women. Now it’s half, according to NCAA Champion Magazine. The KCUR report showed that of Division I volleyball teams, a championship title victor has never been coached by a woman, and in women’s basketball only four of the Sweet 16 teams last year were coached by women. This isn’t even to address the obvious lack of women coaching men’s teams. Women’s sports in general have increased in respect and popularity, making coaching opportunities more appealing to men, who previously were less interested in the roles. Continue Reading ›

Young Employees Are Great; Age Discrimination is Not

June 4, 2018 | by Nassiri Law

Employers often want to position their companies as a place that the next generation of workers will thrive and feel welcome. However, it’s crucial that in doing so, they are not committing age discrimination.

An Orlando-based national restaurant chain learned this lesson the hard way after settling an age discrimination lawsuit brought on by U.S. Equal Employment Opportunity Commission for $2.85 million. According to a Newsweek report, about 135 applicants alleged they were asked their age during interviews and that interviewers made age-related comments. They claimed they were then denied employment because of their ages.

Managers at Seasons 52, part of the Darden family of restaurants, allegedly made comments to applicants age 40 or older that they were “Looking for someone younger,” or that “Seasons 52 girls are younger and fresh.” The lawsuit covered 35 restaurants across the nation, including California. In addition to pointed questions about age, EEOC claimed the chain also hired people 40 and older at a significantly lower rate than younger applicants, even for back-of-house positions.

Grocery Chain Sued for No-Spanish Policy, Harassment

May 30, 2018 | by Nassiri Law

Requiring that someone be able to speak English for a job is perfectly legal. Requiring that they not speak any other language is not. The U.S. Equal Opportunity Commission is suing national retail grocery chain Albertsons Inc. for its “no-Spanish” policy and the harassment and hostile work environment it created. The lawsuit was filed in U.S. District Court for the Southern District of California after conciliation process could not reach a settlement.

According to a Washington Post report, employees said they were reprimanded for speaking Spanish during their breaks or to Spanish-speaking customers. While technically an unwritten policy, plaintiffs alleged a 2012 training video specified they were not permitted to speak Spanish in front of any non-Spanish-speaking person, and they were threatened with discipline when speaking Spanish.

Title VII of the Civil Rights Act of 1964 clearly states that workplace discrimination based on national origin is forbidden. By enforcing rules that are connected to one’s national origin, an employer creates disparate impact if they fail “to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.” In the Albertsons case, employees claimed they were targeted for using Spanish in the break room on their own time, which certainly would have no bearing on their work. They also said they were scolded for using Spanish with Spanish-speaking customers, a practice that would, in fact, be helpful to their work and beneficial to customers.

Protections Against National Origin Discrimination Strengthened in California

May 27, 2018 | by Nassiri Law

California is once again leading the way in establishing protections for all people from discrimination and bias. This time, California Office of Administrative Law has expanded protections under the Fair Employment and Housing Act on the basis of national origin, including for those who are undocumented. Ancestry and national origin were already among statuses protected under the rules, but according to a National Law Review report, the new regulations clarify and broaden the meaning applied to these categories.

Previously, national origin could be defined as place of birth, national or geographic origin, or ethnicity, whether actual or perceived. For example, if someone could be mistaken as being a part of one nationality or ethnicity and is treated unfairly for that reason, their actual ancestry is irrelevant in determining whether discrimination occurred. The modifications delve even deeper into the realm of perception and how one judges another person based on their association with national origin. Continue Reading ›

Workers Say “Time’s Up” for Sexual Harassment

May 24, 2018 | by Nassiri Law

Time’s Up, an organization that has made a mission of creating a safe work environment for women of all kinds, is changing the landscape for sexual harassment lawsuits in the country. Thanks to generous donations from celebrities and regular citizens alike, the Time’s Up Legal Defense Fund has a pool flagged for subsidizing employee lawsuits. Recently the group backed 10 former and current McDonald’s employees who filed complaints against the company for sexual harassment, according to a Fortune article.

The 10 women worked for franchisees in seven states, and both the franchisee owners and parent company McDonald’s Corp. were named in the complaints, recently filed with the Equal Employment Opportunity Commission. Accusations include groping, indecent exposure, inappropriate comments, and sexual propositions. In addition, women alleged when they reported the incidents, they faced ridicule and sometimes retaliation afterward. Continue Reading ›

Supreme Court Takes Shot at Employee Class Action Lawsuits

May 21, 2018 | by Nassiri Law

In a 5-4 decision, the U.S. Supreme Court made it significantly harder for workers to join together to stand up against their employer. The highest court in the land determined it is permissible for employers to include language in hiring contracts banning employees from joining class-action lawsuits, according to an ABC News report. This disheartening revelation flies in the face of the 1935 National Labor Relations Act, which was drafted to protect employees’ rights to organize and take collective action to fight for their own interests.

The supporting justices seemed to favor instead the Federal Arbitration Act of 1925, which validates arbitration clauses, making it legal for employers to bind an employee’s right to sue their employer as a term of employment. This forces employees who have signed an arbitration agreement to address their grievances without filing a lawsuit. Instead, they would have to handle disputes individually through a third party arbitrator, often hired by the company whose actions are in question. Continue Reading ›

Skies are Not So Friendly for Flight Attendants

May 18, 2018 | by Nassiri Law

A recent survey from Association of Flight Attendants has revealed some disturbing statistics about sexual harassment in the field. According to the survey, 68 percent of respondents said they have experienced sexual harassment during their career. Even when isolated to just the past year, 35 percent reported verbal harassment and 20 percent physical harassment. This is a significant jump over a nationwide poll, which shows 38 percent of respondents experienced workplace harassment in their careers, according to an SF Gate report. The survey that addressed all women, released by Stop Street Harassment, Raliance, and Center on Gender Equity and Health, showed 81 percent of women have experienced sexual harassment in general, whether inside or outside the workplace.

This could explain why the number is much higher for flight attendants than other workers. In other work environments, workers are often interacting with other employees. There is more oversight and potential consequence for sexual harassment. Employees see each other every day, so there is no anonymity. If the company acts with integrity, there are strict rules and prevention strategies already in place. Even with all of those factors, a shocking number of people still face harassment. But on an airplane, attendants are interacting with strangers every day. They are in tight quarters and sometimes serving drinks to guests. Not to mention, flight attendants have long been sexualized in media and advertising, adding fuel to the fire of people who think they are entitled to harass others. Continue Reading ›

Former Chipotle Employee Awarded $8 Million in Wrongful Termination Lawsuit

May 15, 2018 | by Nassiri Law

After injuring her wrist on the job, being accused of theft, and having her employment terminated after 14 years, one former Chipotle employee finally has been vindicated. A jury awarded her nearly $8 million in damages as the result of a wrongful termination lawsuit plaintiff filed in Fresno County Superior Court after she was fired in 2015. Managers accused her of stealing $626 from the chain restaurant, and went so far as to tell her they had surveillance footage of the incident. When plaintiff denied the theft and demanded managers produce the video, they claimed it was deleted, expecting her to be satisfied with eye witness testimony of other employees who claimed to have seen the video, according to a report from The Fresno Bee.

This was unacceptable to plaintiff, and jury members agreed. Not only did they not believe plaintiff to be a thief, but determined she was a victim in the whole ordeal. Plaintiff alleged she was framed for the theft as retaliation for filing a worker’s compensation claim. Ortiz was fired while she was out on medical leave, weeks after the theft allegedly took place. She had filed a worker’s compensation claim shortly before the alleged incident, and continued to work to the best of her abilities until she could start her leave. At the same time, plaintiff alleged that supervisors were instructing her to downplay her injury to her doctors so she would not have to take medical leave, but she refused. Plaintiff argues this set up motivation to try to defame her. Fair Employment and Housing Act prohibits an employer from retaliating an employee from asserting their rights under the law, including for medical conditions.