Orange County Employment Lawyers Blog

Steve Sarkisian Sues USC For Employment Discrimination after Termination

December 12, 2015 | by Nassiri Law

Earlier this fall, the University of Southern California made headlines when they fired highly successful head football coach Steve Sarkisian. Sarkisian, while successful on the sidelines, was having serious problems in his life, which included his battle with alcoholism. He not only admitted to being an alcoholic, but it is the basis for his recently filed wrongful termination lawsuit after he lost his job as Trojans head coach.

According to a recent news article from the Pacific Standard, people started becoming concerned about the health and wellbeing of the head coach, and this only become worse when he allegedly missed a practice in October of this year. He was then alleged to have shown up to a team booster and preseason game clearly intoxicated. He was fired shortly after this incident. Continue Reading ›

Palacio v. Jan & Gail’s Care Homes: A right to Meal Breaks for CA Employees

December 11, 2015 | by Nassiri Law

In Palacio v. Jan & Gail’s Care Homes, plaintiff was employed at defendant’s 24-hour residential care facility for developmentally disabled individuals. Defendant owned and operated six of these facilities and employed just less than 50 workers at any given time. There are numerous shifts for workers, so the facility can remain open for 24 hours. The shifts range in length from four hours to ten hours, and some are for part-time workers and others are for full-time employees.

Healthcare regulations in California require these centers to have staff on duty 24 hours a day to provide immediate care to the patients, so they are protected from illness, injury, fire, and any other kind of emergency that may arise at any give time throughout the day or night. One of the ways in which this is accomplished is by the center requiring employees who have direct patient care to work during meal periods. They are told when they are hired that they will be required to each lunch with the residents, and they will be given a free meal that is the same food as provided to the residents. Continue Reading ›

Kingsaire, Inc. v. Melendez: Retaliatory Termination for Filing Workers’ Compensation Claim

December 10, 2015 | by Nassiri Law

Many employees are injured on the job and choose not to report their injuries to their employers out of fear that the employer will fire them if they request workers’ compensation. This is especially true with respect to many of the immigrant laborers living and working in the greater Los Angeles area. Unfortunately, many employers will routinely mistreat employees, because they think it will increase production, and they are not worried about the employee reporting them for a breach of the labor code of laws.

In Kingsaire, Inc. v. Melendez, an appeal from the Supreme Court of Texas, plaintiff filed a lawsuit against defendant on grounds that, when he was terminated, it was in retaliation for filing a workers’ compensation claim. Defendant had family-owned heating, ventilation, and air-conditioning (HVAC) business and hired plaintiff to work as a helper tradesmen in 2004. Plaintiff was responsible for welding frames on refrigeration units. Continue Reading ›

Casey v. Dep’t of Defense: Wrongful Termination

December 8, 2015 | by Nassiri Law

Casey v. Dep’t of Defense, a case from the United States Court of Appeals for the First Circuit, involved an employee filing what is known as a Bivens action. This term comes from the 1971 cased entitled Bivens v. Six Unknown Named Agents. In its holding, the United Stated Supreme Court ultimately ruled that there is an implied cause of action for persons whose Forth Amendment rights have been violated. Bivens was later expended through subsequent case holdings to incorporate more rights as outlined in the Bill of Rights.

In Casey, plaintiff was a contractor working for an agency under the United States Department of Defense. She was working in the capacity of a civil contractor and was not an employee on the Government Schedule (GS) or a member of the United States Military. Specifically, she was a nurse coordinator with the Civilian Health Promotion Services Program at an Air Force base in Massachusetts. Continue Reading ›

New Employment Laws Taking Effect in the New Year in California

December 5, 2015 | by Nassiri Law

Over the course of 2015, California lawmakers added more than a dozen new laws affecting the employer/employee relationship. Many of the new regulations officially take effect on January 1, 2016. Employers will be expected to follow new regulations from their effective date, so reviewing all new rules and requirements before the new year is important so companies have time to implement required changes.

Employees get many new benefits and protections from the new labor laws passed over the course of 2015, but must be aware of what their new rights are so they can take action in case their employer fails to comply.

Employers Must Update Safety and Compliance to Avoid Surging OSHA Penalties

December 2, 2015 | by Nassiri Law

One of the most important duties an employer has to workers is to make sure an environment is kept safe so the risk of workplace injuries is reduced. Occupational Safety and Health Act (OSHA) sets minimum standards for workplace safety, and has a general duty clause to cover situations where there is no specific rule but where an employer still has an obligation to protect against hazards. Employers who do not follow OSHA rules can be cited and fined by the Occupational Safety and Health Administration (OSHA). However, OSHA penalties have generally been too low and have not served as an effective deterrent to protect workers.

OSHA penalties are going to go up in 2016, and employers must be aware of the rise and ensure they are taking all affirmative steps necessary to get into compliance with workplace safety rules. Employers should always be following regulations designed to protect staff members, but will now have new incentive to do so as a result of the risk of much higher costs of violations.

Systemic Age Discrimination Can Lead to Lawsuits Against Employers

November 29, 2015 | by Nassiri Law

In Hollywood, lawsuits related to age discrimination are very common. Directors, stuntmen, writers, and others who work behind-the-scenes may find themselves pushed out of their professions by employers who want to hire younger and cheaper workers. In Hollywood, however, like in all other industries, age discrimination is not legal.

While the movie and TV business is a relatively small industry, cases brought within this field tend to generate publicity and draw attention to the problem of age discrimination. One recent case reported on by Hollywood Reporter, for example, is a clear illustration of the types of alleged discriminatory behaviors which can prompt employees to file civil lawsuits against their employers. In this case, systemic discrimination was alleged.

Supreme Court Considering Cases Affecting Employment Discrimination Claims

November 23, 2015 | by Nassiri Law

The U.S. Supreme Court heard oral arguments recently related to time limits for filing a lawsuit based on constructive discharge. Courts nationwide have split on the issue of when the clock starts running on the time limit for federal employees to make a claim, and the Supreme Court will now rule and provide a definitive answer so employees will have a better understanding of their rights.

California Piece-Rate Workers Get New Payment Protections Starting 2016

November 20, 2015 | by Nassiri Law

money dollars Employees in California who receive piece-rate compensation will see a substantial change to the law regarding payments beginning January of 2016. Assembly Bill 1513 was signed into law in October of 2015, according to National Law Review. It created Labor Code Section 226.2, which imposes a new requirement related to compensation for piece-rate workers for their nonproductive periods. Employees must be aware of changes to wage and hour regulations to ensure they are receiving the money they are entitled to under labor laws.

UPS Pregnancy Discrimination Case Settles, Ending 9 Year Dispute

November 14, 2015 | by Nassiri Law

A UPS driver filed a lawsuit against United Parcel Service nine years ago, claiming she had been unfairly discriminated against. The case ended up reaching all the way to the Supreme Court before it was finally resolved through a settlement.

A Los Angeles discrimination lawyer knows the Equal Opportunity Employment Commission has now issued new enforcement guidelines clarifying protections for pregnant workers. Even with this new clarity, employers may continue to violate the law and treat workers who are pregnant unfairly. Employees need to know what their rights are and should pursue legal action in cases where employers violate laws protecting pregnant women.

Pregnancy Discrimination Case Finally Settles