Orange County Employment Lawyers Blog

Former Columnist’s Case Against the LA Times Continues

November 11, 2015 | by Nassiri Law

A former columnist for the Los Angeles Times has been pursuing a claim against the paper, seeking $10 million in damages since his termination in 2013. OC Register reported the columnist claims the paper fired him because of his medical leave, his age, and his disability. A Los Angeles age discrimination lawyer knows any one of those potential reasons for termination would be wrongful, as the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act could all apply to protect the columnist.

Case Against LA Times is Ongoing

The former columnist, T.J. Simers, is 62 and is now retired since he was terminated from the LA Times. He indicates he sustained a mini-stroke caused by complex migraine system prior to his termination. He had worked for the paper for more than two decades, prior to his medical issues. When he suffered the mini-stroke, he took several days off to recover prior to resuming his column writing. He believes this was a contributing reason for his termination.

CA Governor Vetoes Ban on Employment Arbitration Agreements

November 8, 2015 | by Nassiri Law

Businesses throughout California were up-in-arms about legislation that would have effectively prohibited employers from requiring signed arbitration agreements as an employment condition. Assembly Bill 465 was passed by the California legislature, despite complaints from employer groups that the bill could be a job killer. Governor Brown, however, vetoed AB 465 and issued a strong veto statement, citing prior California supreme Court decisions related to employee arbitration agreements.

A Southern California employment law attorney knows, many clients would prefer to have their day in court when a dispute arises related to their working conditions or the way they were treated on the job. AB 465 was intended to make sure employers couldn’t require workers to give up their right to a trial when a problem arises. Since it did not pass, the status quo remains and employers may continue to make signing an arbitration agreement a condition of employment as long as the agreement meets existing requirements.

Ban on Employment Arbitration Agreements is Vetoed

New DOL Wage-and-Hour Rules Goes Into Effect for California Home Care Workers

November 5, 2015 | by Nassiri Law

In Home Care Association of America, et al v. Weil, the D.C. Circuit Court of Appeals ruled the Department of Labor had authority to enforce new regulations established in 2013 and going into effect in 2015. The regulations related to the inapplicability of some statutory exemptions from traditional minimum wage and overtime rules applicable to employers. Under the new DOL rules, third-party employees working for home care agencies will now be covered by federal minimum wage and overtime rules. An experienced Los Angeles wage and hour lawyer knows this change could make a significant impact on compensation received by employees.

In response to the D.C. Court of Appeals ruling, several home care agencies sought a stay of the ruling, which was going to impose new obligations starting October 13, 2015. The stay was not granted, and employers must now ensure they are in full compliance with the rules, as Open Minds indicates the Department of Labor will begin enforcing new rules starting November 13. Home healthcare workers who are not paid overtime and who are not paid according to new DOL rules may have a case against their employers to obtain compensation for back payments and penalties.

New DOL Wage and Hour Rules in Effect

Truck Drivers Win Lawsuits for Failure to Accommodate Religion

November 4, 2015 | by Nassiri Law

In 2009, two Muslim truck drivers were fired from their jobs after they refused to make liquor deliveries. The truck drivers claimed their termination was a violation of their rights under Title VII of the Civil Rights Act of 1964. Title VII requires employers to make reasonable accommodations for the religious beliefs of their employees, unless making such accommodations would impose an undue hardship on the company.

Los Angeles religious discrimination attorneys know workers have the right to continue working even in circumstances where religious beliefs conflict with some job responsibilities. The courts agreed the trucking company could have made accommodations for the Muslim truck drivers in this case. A U.S. District Court Judge ruled in favor of the two truckers when the trucking company admitted liability, and a jury was convened to determine an appropriate damage award. The jury deliberated for just 45 minutes before awarding $240,000 in damages and back pay to the truckers.

Muslim Truck Drivers Awarded Back Pay and Damages

Human Resource Professionals May Not Maintain Confidentiality

November 2, 2015 | by Nassiri Law

Workers may need to discuss many important issues with the human resources department at their workplace. These issues may range from concerns about employee benefits to the potential to take leave under the Family and Medical Leave Act to reports of harassment or questions about what will happen after retirement. Many workers believe the information they provide to human resources will be kept confidential- but this is not always the case.

Employees should not always expect confidentiality from those who they make reports to in human resources. HR may disclose certain information to managers and other staff. However, at the same time, there are some privacy obligations which must be respected under rules like Health Insurance Portability and Accountability Act. Employees who are concerned their privacy has been violated by HR professionals in their worksite should consult with a Los Angeles employment lawyer to understand whether there are any legal implications of the privacy violation.

Confidentiality Requirements and HR

Ageism is an Issue for Southern California Workers

October 30, 2015 | by Nassiri Law

In 2014, 20,588 complaints were made to the U.S. Equal Employment Opportunity Commission alleging age discrimination in the workplace. This was a significant increase in the number of complaints compared with the 17,837 complaints raised by workers a decade ago. Experienced Los Angeles age discrimination lawyers know ageism is a growing problem in the workplace as baby boomers age. In fact, a recent Reuters article indicates the problem of age discrimination is likely to get worse before it gets better.

Age Discrimination in the Workplace is a Concern for Older Workers

People are living longer and the population is aging, which is creating a perfect storm when it comes to the problem of age discrimination. Many people in the older generation do not have the money to retire and live off their nest egg for decades. As a result, people are trying to work longer.

Should Intoxicated USC Coach Get FMLA Leave Instead of Getting Fired?

October 28, 2015 | by Nassiri Law

Recently, the football coach for University of Southern California allegedly showed up to a team meeting while he was under the influence of alcohol. ESPN reported this was not the first time the second-year coach was suspected to be impaired at work. He reportedly was intoxicated at a Salute to Troy function in August, which he apologized for after his behavior made national headlines. He was also suspected to be under the influence at a game against Arizona State in September.

The coach was not permitted to attend the practice after the meeting in which he showed up appearing intoxicated. He announced an indefinite leave of absence, but he was subsequently fired one day after announcing his leave. USC said his employment was terminated after considering the team’s best interests.

While employers can, and likely should, terminate workers who come impaired to the workplace, employers must also tread carefully in these situations because there are rules in place to protect people undergoing treatment. A Southern California FMLA attorney knows employers must ensure they are in full compliance with employee protection laws when terminating workers with substance abuse problems.

California Employers and Rules for Employee Background Checks

October 26, 2015 | by Nassiri Law

Employers in California may conduct background checks before hiring and when making employment decisions. However, California law protects consumer privacy and restricts the information that can be provided to employers about potential job candidates. There are two primary state laws regulating the information an employer can obtain on an employee: The Consumer Credit Reporting Agencies Act (CCRAA) and the Investigative Consumer Reporting Agencies Act (ICRAA). Because these state laws have differing requirements, employers must be careful to ensure they are in full compliance with the relevant laws and not infringing upon the privacy of their workers when conducting background investigations.

When employers violate consumer privacy rules or make hiring decisions by taking inappropriate private information into account, there can be consequences for the employer. A Los Angeles employment law attorney can provide employees with insight on when hiring, firing, and other job-related decisions can give rise to litigation due to an employer’s inappropriate actions.

California Background Check Requirements for Employers

NLRB Decision on Facebook Behavior as Protected Concerted Activity Upheld

October 24, 2015 | by Nassiri Law

Facebook has created myriad problems for employer/employee relationships and a Los Angeles wrongful termination attorney knows that numerous cases have addressed whether employees can be fired for Facebook conduct.

One recent case was decided by the National Labor Relations Board in the employee’s favor, but the decision was appealed. Now, the United States Court of Appeals for the Second Circuit has upheld the NLRB’s ruling. This decisions demonstrates that many different behaviors on social media can fall under the purview of protected concerted activity.

Facebook Behavior Considered Protected Concerted Activity

New Employee Retirement Plan Contributions Announced for 2016

October 21, 2015 | by Nassiri Law

The Internal Revenue Service has announced the new employee retirement plan contribution limits for 2016. The announcement came on October 21, 2015, and employees need to be aware of the new rules applicable to 401(K)s, 403(b), 457 plans, Thrift Savings Plans, IRA limits, SEP IRA limits, and other tax-deferred retirement accounts.

Los Angeles employment law attorneys know that many companies no longer offer defined pension benefits to workers. Individual retirement accounts may be the only option employees have for planning ahead for the future. When employers do offer pensions, however, employers need to abide by rules and regulations set by the Employee Retirement Income Security Act (ERISA). These rules relate to everything from when pensions must vest to reserves employers must set aside to ensure they can fulfill their promises to workers.

New Employee Retirement Plan Contribution Limits