Orange County Employment Lawyers Blog

LA Area Resort Workers Alleged Wage Hour Violations

October 29, 2017 | by Nassiri Law

Wage and hour disputes are one of the most prevalent issues handled by Los Angeles employment attorneys. Yet another California wage-and-hour dispute was reported by LA Weekly, which revealed workers at high-dollar resort allege being financially swindled by their employer.

These workers, all employed in the restaurant and hospitality industry, allege that while working on the more than 100-acre, ritzy Los Angeles area resort they were forced to cut meal periods shorter than the allotted time, clock in for less time than they were actually working and forced to take shuttles from their employee parking area to the resort without compensation, even though this was a very time consuming process and no alternative was offered. Continue Reading ›

Bay Area STEM Jobs Outpace Available Workers

October 28, 2017 | by Nassiri Law

A new report finds that the number of science, technology, engineering and mathematics jobs available in the Bay Area will soon vastly outpace the number of skilled workers who are available to fill such jobs. On the surface, this appears to be good news for STEM workers, who will soon have a wider range of job opportunities available to them. However: such market conditions can also place greater pressure on employees once they have been hired, and increase the potential for wage and hour disputes. These conditions can also increase the potential for workers to be misclassified as independent contractors. Learn more about the projections for the STEM market, and how a California employment attorney can help STEM employees negotiate the working conditions to which they are legally entitled.

The Projections

The San Francisco Business Times examined the future of California’s STEM job market by analyzing a series of statistics. In May 2015, the California Employment Development Department reported that there were twice as many online job postings for STEM jobs as the number of unemployed STEM workers. This current scenario is likely to be exacerbated in the coming years by a series of factors. First, California is projected to add about 200,000 STEM jobs over the next five years, according to the Bureau of Labor Statistics and reports issued by the State of California. Next, many STEM employees will soon age out of the job market. Over half of California’s STEM employees face retirement in the next five to ten years. Finally, STEM jobs require advanced degrees that greatly narrow the field of suitable applicants. For reference: 33% of the working population in California holds college degrees, but 75% of STEM jobs will require a bachelor’s degree or higher. Continue Reading ›

Sexual Harassment Lawsuit Against Netflix Settled

October 25, 2017 | by Nassiri Law

Sexual harassment in the workplace is nothing new. However, laws have evolved over the last several decades to include many more protections and legal causes of actions for victims. Unfortunately, it still happens, and remains a very serious problem, as we’ve seen with several high-profile accusations made against famous power players like Bill Cosby, Harvey Weinstein and Bill O’Reilly. Even our own president has been accused of such conduct. But it’s not isolated to the seedier side of show business or within wealthy circles.

According to a recent news article from The Hollywood Reporter, Netflix has just settled a claim levied by an executive involving allegations of sexual harassment at the workplace. The employee who filed the lawsuit was formerly the director of human resources. According to his complaint, he said that during the months he worked at the company, he was regularly the target of sexual harassment and said the company has an unwritten policy of targeting such harassment and employment discrimination. Continue Reading ›

Tesla Scrutinized For Recent Mass Layoffs

October 24, 2017 | by Nassiri Law

Recently – and not for the first time – Tesla has fired a large number of workers. In both its automotive branch and solar panel subsidiary, hundreds of Tesla employees were let go in what has been described as a “pink slip rampage.” Now, former employees are taking the company to task for its claims of unsatisfactory performance, which Tesla claimed was the basis for firing twelve hundred employees worldwide.

What is Really Going on at Tesla?

According to Slate, there is a conflict between the company’s claims of unsatisfactory performance and employees’ claims that they were not privy to any performance reviews. Employees are claiming that the firings were actually mass layoffs, and that the company violated their rights under the WARN Act (California Labor Code Division 2, Part 4, Sections 1400-1408). Under the WARN Act, employers must give sixty days’ written notice of mass layoffs. The notice must be provided to both affected employees and local employment authorities. Tesla, in turn, claims that the positions will be backfilled, and the firings cannot, therefore, be layoffs. (Interestingly, Tesla did provide WARN notices to over two hundred employees at its Roseville, California worksite.) Tesla is facing other circumstances that call into question the timing of the terminations. It is currently experiencing significant delays in the release of its Model 3. Tesla is also in the midst of a merger with its solar panel subsidiary, Solar City, which investors approved in November 2016. Both of these conditions are likely to leave Tesla lacking in liquid assets for a time. Lawsuits have already been filed by terminated employees. It is now up to the California courts to determine the nature of the Tesla layoffs. Continue Reading ›

New California Laws Protect Criminal Record and Salary History

October 21, 2017 | by Nassiri Law

It is hard enough to get a job these days even with a perfect record. Applicants with a criminal conviction on their record may find it nearly impossible. Fortunately, pursuant to a new state law, most California employers in California will not be able to make any inquiries into an applicant’s criminal history. There is a also a new California employment law that will prohibit employers from asking about an applicant’s past salary history.

As reported in a recent news article from The National Law Review, there are three new laws in California that once in effect, will require most employers in the state to modify their hiring practices. One of these is Assembly Bill 1008 (AB 1008), which prohibits employers from making inquiries into applicants criminal histories by the human resources department and any employment recruiters prior to an offer of employment. Continue Reading ›

California Age Discrimination Lawsuit Filed Against Facebook

October 17, 2017 | by Nassiri Law

The Age Discrimination in Employment Act of 1967, 29 USC 621, outlaws discrimination on the basis of one’s older age. When Congress passed the law, it acknowledged that older persons were disadvantaged by companies had commonly begun setting arbitrary age limits – regardless of the potential for job performance.

This year marks 50 since the ADEA was passed, and still, age discrimination remains a common problem – even among those companies at the forefront of our technological advances. Social media companies in particular have been accused of perpetuating a culture of age discrimination.

Recently, Facebook was once again named a defendant in an age discrimination lawsuit, this one filed by a 52-year-old man who alleged that for two years, he was constantly the target of ageist jokes. Among the common themes of this constant humiliation were that older people were “creepy,” “don’t belong” at the organization and shouldn’t be employed by the firm because they “don’t relate.” One might characterize such statements as the ill-advised but isolated remarks of a few, but that argument starts to falter when you consider the highly-publicized comments made publicly by Facebook CEO Mark Zuckerberg 10 years ago, who remarked that younger people are “just smarter.” Later, according to plaintiff’s lawsuit, a chart was displayed during a human resources presentation which showed workers in their 50s to be “low energy.” Continue Reading ›

$2.75M Settlement Proposed in California Employee Misclassification Lawsuit

October 15, 2017 | by Nassiri Law

A California employee misclassification lawsuit appears to be drawing toward a resolution, after plaintiffs – a group of corporate training managers – have asked a federal judge to approve a $2.75 million settlement alleging their employer violated the Fair Labor Standards Act.

Specifically, plaintiffs in Dito, et al v. AT&T Services, Inc. et al alleged in the California Northern District Court that telecommunication giant AT&T wrongly classified them as independent contractors in violation of the FLSA, when in fact they were employees. The goal of the misclassification, plaintiffs allege, was to sidestep legal requirements to pay workers overtime.

The proposal for settlement involves a somewhat unusual structure in that it includes both a common fund for existing class members within the state, as well as an opt-in for those out-of-state who may be class members, but have yet to assert their own claims under FLSA. The settlement would save class members the the risks of individual employment litigation. Even this class action employment lawsuit, were it to continue, could drag on several more years, plaintiff attorneys opine. Continue Reading ›

New California Employment Laws Enacted in October 2017

October 14, 2017 | by Nassiri Law

In mid-September, the 2017 California Legislature adjourned, having sent more than seven hundred bills to Governor Jerry Brown for approval. Governor Brown has already signed many of these bills into law. Among the new laws are several employment provisions which are generally deemed to be in favor of employees’ rights. Learn more about the new laws – which take effect on January 1, 2018 – and how they will affect your rights as an employee or obligations as an employer.

Understanding these provisions is important to recognizing what type of legal remedy you may have in the event you suffer wrongful termination or employment discrimination.

Stronger Anti-Retaliation Laws

Small Business Workers Now Entitled to Family Leave Under California Law

October 12, 2017 | by Nassiri Law

For many employees, a new child in the family creates an emotional conflict between the need to be at work and the need to be at home. California law currently allows parents to take unpaid leave in order to bond with a new child. Unfortunately, this only applies to employers over a certain size, and millions of workers in California have been left without the legal right to parental leave. Now, a new bill signed into law by Governor Jerry Brown in October 2017 will extend child bonding leave to employees of small businesses, as well. Continue Reading ›

How Harvey Weinstein’s Employers May Be Liable for His Criminal Conduct

October 10, 2017 | by Nassiri Law

The allegations against Hollywood entertainment executive Harvey Weinstein have become increasingly ghastly in recent weeks. Increasingly more have come forward to report decades of harassment – and in several cases, blatant sexual assault – at his hands. The legal ramifications of this conduct are not limited to Mr. Weinstein himself. The emerging facts indicate that Weinstein Co., the executive’s famous production company which has become a pillar of the Hollywood business industry, will also be subjected to civil liability for the crimes committed by its disgraced leader.

Employment attorneys know that such instances of sexual harassment and even sexual assault in the workplace are not isolated. They occur in all industries, at all levels of employment. The question of whether a company can be sued for sexual harassment depends on a myriad of factors, and talking with a skilled employment law attorney can help you sort through your legal options.

When Can a Company Be Liable for the Conduct of Its Workers?