Orange County Employment Lawyers Blog

Tramp v. Associated Underwriters, Inc.: On Age Discrimination Employment Termination

November 3, 2014 | by Nassiri Law

Tramp v. Associated Underwriters, Inc., an appeal heard in the United States Court of Appeals for the Eight Circuit, involved claims of wrongful termination due to age discrimination.

Employer hired worker in 2000. Seven years later, employer was operating at a loss. Due to economic issues, employer underwent a reduction-in-force (RIF) and terminated seven of its employees. The workers terminated were chosen based upon the quality of their work. According to court records, employee retained her job, but the company president was still concerned about the quality of her work.

The following year, things had not gotten better, and the office manager suggested the company terminate the firm’s health insurance plan. The president did not agree. However, the insurance plan premiums greatly increased and employer sought quotes from competitors. The company provided demographic information on the employees when submitting applications for quotes.

One of the quotes was lower than all others and employer learned that it was because the names of employee and another worker who were both over the age of 65 had been accidentally omitted from the application. When the quote was adjusted, it was much higher. Continue Reading ›

Acevedo-Perez v. United States: On the Statute of Limitations in Employment Discrimination Cases

October 31, 2014 | by Nassiri Law

Acevedo-Perez v. United States, a case from the United States Court of Appeals for the First Circuit, involves an employee who was terminated from his employment with federal government. Employee alleged that his termination was wrongful and based upon discrimination as to his age and national origin.

Employee was assigned to an office in San Juan in 2005. The Washington, DC office was short-handed and asked for volunteers who would accept a lateral transfer to that office. One other employee in office in which employee worked volunteered for reassignment. Employee’s supervisor need to fill an additional transfer request and issued a letter informing employee that he was also being transferred. Employee accepted the transfer in September 2005.

Employee requested, and was granted, two extensions on the time he was scheduled to transfer, based upon family issues. He made a third request to delay the transfer, but it was denied, so employee decided to retire instead of being transferred. Continue Reading ›

Raspardo v. Carlone: On Employment Discrimination Claims Involving a Hostile Work Environment

October 28, 2014 | by Nassiri Law

Lawsuits involving allegations that an employer created a hostile work environment can involve complex litigation. In Raspardo v. Carlone, a case from the United States Court of Appeals for the Second Circuit, several employees sued the city, the police department, and five police supervisors. The claims were filed under Title VII of the Civil Rights act of 1983, alleging employment discrimination.

Plaintiffs were two former and one current female police officer. Plaintiffs alleged that defendants discriminated against them on the basis of sex and created a hostile work environment and treated them unequally with respect to male officers in the department.

According to court records, the individual defendants moved for summary judgment based upon qualified immunity. The District Court denied this motion. Continue Reading ›

Bluestein v. Cent. WI Anesthesiology, S.C: Employment Discrimination

October 24, 2014 | by Nassiri Law

Bluestein v. Cent. WI Anesthesiology, S.C, an appeal from the United States Court of Appeals for the Seventh Circuit, involved an anesthesiologist who sued her employer for wrongful termination under Title VII of the Civil Rights act of 1964, the Rehabilitation act of 1973, and the Americans with Disabilities Act (ADA).
Plaintiff’s employer was technically a service organization formed to engage in providing anesthesia services. She was initially hired as an employee and then became a shareholder and member of the company board of directors. In addition to her work as a physician, plaintiff was elected to be the treasurer of the organization.

Originally, plaintiff was working in a part-time capacity but then switched to working up to 90 percent time providing anesthesia services. After five years of working nearly full-time, she was injured in a kayak accident. Her injuries and resulting conditions included ischiogluteal bursitis, proximal hamstring endiopathy, and several other neurological issues. Continue Reading ›

Dynamex v. Superior Court of Los Angeles County

October 18, 2014 | by Nassiri Law

Dynamex v. Superior Court of Los Angeles County is yet another example of a package delivery service trying to classify its drivers as independent contractors instead of employees to avoid paying overtime and benefits. This case was heard before Court of Appeal for the State of California Second Appellate Division.

In Dynamex, two men were hired by delivery service as drivers. Prior to 2004, delivery service had classified all of its drivers as employees protected by California state employment laws. In 2004, delivery service converted the official status of all driver-employees to independent contractors. Continue Reading ›

L.A. Call Center Sued for Sexual Harassment

October 13, 2014 | by Nassiri Law

The U.S. Equal Employment Opportunity Commission will often be the first to intervene in the event of discrimination or another violation against an employee. In a recent case, the federal agency has filed a lawsuit against the Los Angeles call-center company for continued and pervasive sexual harassment as well as retaliation against those employees who voiced their complaints. The lawsuit against VXI Global Solutions was filed in federal court and seeks to stop behavior and compensate those employees who suffered from harassment.

Sexual harassment in the workplace may take different forms. In some cases, an employee may suffer from lewd comments or sexual advances from a superior. In other cases, an employee may have been approached with a “quid pro quo” offer for a career advancement or threats against a current position. Our Orange County employment law attorneys are dedicated to raising awareness to protect the rights of our clients. In addition to advocating for Southern California employees, we are also abreast of employment disputes throughout the state and nationwide.

According to CBS Local reports, the defendant company provides call services for Verizon, DirecTV and other communications companies. The complaint details egregious behavior against employees, many who were groped or shown pornographic images. Other employees endured sexually explicit comments about their bodies and innuendos from their superiors. According to a male employee, a female supervisor tried to give him a lap dance. The complaint, filed by the EEOC, alleges that the inappropriate and illegal behavior was known to management because of the open design of the office. The plaintiffs also assert that when they filed complaints they were disciplined and some were fired.

EEOC Files Lawsuit Over Mandatory Arbitration Clause

October 11, 2014 | by Nassiri Law

New hires are often required to sign contracts and some employers will include a mandatory arbitration clause in these agreements. A recent case highlights some of the legal issues that may come arise when an employee is forced to sign a contract with a mandatory arbitration clause. The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Doherty Enterprises, Inc., a company that owns and operates over 140 franchise restaurants in multiple states. According to the lawsuit, the company violated employee rights to file discrimination cases with the EEOC. The lawsuit, (EEOC v. Doherty Enterprises, Inc.) was filed in the U.S. District Court of Florida.

Under the employee contract, mandatory arbitration agreements were conditions of employment, requiring that any claims, including those involving discrimination or retaliation, be submitted and resolved through binding arbitration. In effect, the contract interfered and conflicted with employee rights to file discrimination charges, according to the EEOC lawsuit. Our Orange County employment law attorneys are dedicated to protecting the rights of our employee-clients throughout Southern California. We are also committed to raising awareness of the legal issues and complications that impact the rights of workers.

Employment related disputes may arise before an employee is hired, during the course of employment or after termination. Under Title VII of the Civil Rights Act of 1964, employers are prohibited from patterns or practices that conflict with the rights protected under the law. Section 707 also gives the EEOC the ability to seek immediate relief and does not require the same administrative processes as issues involving discrimination allegations.

CA Unpaid Interns Extended Protection Against Sexual Harassment

October 10, 2014 | by Nassiri Law

Unpaid internships have been increasingly under scrutiny for taking advantage of new college graduates and the unemployed. Though new regulations have been implemented to help protect young workers and to hold employers accountable, it appears that interns have more at stake that just not getting paid. Due to the legal arrangements between employers and unpaid interns, it was difficult for interns to take legal action in the event of discrimination or sexual harassment. Now California legislators have passed a law to extend protections against sexual harassment to unpaid interns. Governor Jerry Brown signed a bill that was introduced by Berkeley Assembly Member, Nancy Skinner to offer legal protections to unpaid interns and volunteers against sexual harassment in the workplace.

Under the new law, the 1964 Civil Rights Act will be extended to include those members of the workforce who are unpaid to prevent sexual harassment in California. The law is a step in the right direction to protect workers whose rights are undermined and mired by complicated legal definitions. Our Orange County employment law attorneys are dedicated to protecting the rights of interns and workers throughout the state of California. We are committed to staying abreast of changes in state and federal law and are prepared to take on legal action on behalf of employees.

Advocates in favor of the new sexual harassment prevention law say that it extends a basic civil right to all workers, including those who are offering their services in lieu of education or in the name of volunteerism. The California bill was introduced shortly after a federal district court in New York ruled that the Civil Rights Act does not apply to interns because they are not technically employees. The original case involved a Syracuse University student who was groped, kissed and harassed at her media company internship. The student also suffered retaliation after she refused the sexual advances of her superior.

EEOC Files First Transgender Discrimination Suits

October 6, 2014 | by Nassiri Law

Making legal history, the Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against companies accused of transgender employee discrimination. The lawsuits were filed under the Civil Rights Act of 1964, offering protections against sexual discrimination. This is the first time the EEOC has taken action since federal law was extended to protect transgendered workers from discrimination by private employers. According to the L.A. Times, the employees suffered illegal discrimination by their employers based on their gender identity.

The federal government has only recently extended protection to transgendered employees from private employers. Under California law, transgendered employees can also take action against employers for discrimination. Our Orange County sexual discrimination attorneys are dedicated to raising awareness to prevent future instances of discrimination and to providing strategic advocacy to our clients. If you or someone you love has suffered discrimination based on gender identity, a sex change operation, or because of a transition from male to female, or female to male, you may have a legal cause of action against your employer.

According to a complaint filed against a funeral home in Detroit, the company is liable for a violation of the Civil Rights Act after it fired an embalmer who transitioned from being male to female. The employee had worked for the funeral home since October of 2007 before she told her superiors that she would undergo a sex change procedure. A couple weeks after the employee notified her employer of the sex change operation, her position was terminated. According to the complaint, the employee was illegally terminated for disclosing and suggesting the procedure, which the company found unacceptable. Both parties tried to reach a settlement prior to the lawsuit being filed in a Michigan federal court.

Oakland Raiders Settle Cheerleader Wage Theft Lawsuit

October 3, 2014 | by Nassiri Law

The NFL has been under scrutiny for failing to take action against players charged with violent offense, as well as additional wage and hour claims. According to the L.A. Times, the NFL settled a claim with Oakland Raiders cheerleaders for $1.25 million. The settlement is intended to cover back pay to as many as 90 former cheerleaders. The settlement is still awaiting approval from a judge. Cheerleaders who played on the team between 2010 and 2013 can recover $2,500 in back pay for the 2013 season and $6,000 for each of the other three seasons.

The lawsuit was filed against the Raiders in January, alleging that the NFL and team owners violated California labor laws by withholding salaries until the end of the season. This pay arrangement forced the cheerleaders to pay for their own employment related expenses and resulting in below minimum pay rates. The salary of $1,250 was equal to less than $5 per hour, according to the complaint. Our Orange Count wage and hour law attorneys represent employees throughout California who have suffered from an employment law violation. We represent employees in cases involving wage theft, discrimination, sexual harassment and contract disputes.

According to reports, the Raiders announced that cheerleaders would be paid the minimum wage for the 2014-2015 season. The team and the NFL also agreed to ensure that their practices were in line with California minimum wage laws. Rather than being paid at the end of the season, the Raiders have agreed to pay their cheerleaders on a bi-weekly basis. The cheerleaders will also make overtime when they are mandated to show up for celebrity appearances and other events that were once required without pay.