California employment lawsuit

Workers Now Have Three Years to File California Employment Lawsuit

January 3, 2020 | by Nassiri Law

A new law enacted last year now in effect gives California workers three years in which to file a lawsuit under California’s Fair Employment and Housing Act (FEHA) instead of just one.

Previously, an employee who alleged discrimination, harassment, retaliation or another claim under FEHA would have one year to file a file an administrative complaint, the prerequisite to filing a civil lawsuit. Aggrieved workers could either requires the state’s Department of Fair Housing and Employment (DFEH) issue an immediate Right to Sue Notice or else choose for the state to launch an investigation of the claim. As our Orange County employment attorneys can explain, such an investigation can take a year or more if those involved opt to participate in the state’s mediation program. The DFEH can then issue a Right to Sue Notice after the investigation is concluded, and employees had one year from that date to actually file a lawsuit.

AB9, also referred to as the Stop Harassment and Reporting Extension (SHARE) Act, extends the one-year deadline to filing a DFEH complaint to three years. The worker still has just one year from the date of receiving the DFEH’s Right to Sue Notice to actually file the lawsuit. That means it could be four years or more before a potential California employment lawsuit is filed. The new statue of limitations is six times longer than the federal standard. Continue Reading ›

California Employee Seating Lawsuit Not Limited to Cashiers

March 9, 2019 | by Nassiri Law

A number of California employment lawsuits have been won in recent years by cashiers at retail locations seeking a place to sit at work. The door was first opened in 2010 when a pair of California Court of Appeal rulings allowed cashier plaintiffs to seek remedy when employers failed to provide reasonable seating.

In 2016, the California Supreme Court held in Kilby v. CVS Pharmacy Inc. that when tasks performed at a given location reasonably permit seating AND providing a seat wouldn’t interfere with the performance of any other tasks that might require standing, “a seat is called for.” Furthermore, if an employer argues no suitable seat is available, the burden is on the employer to prove unavailability.

As our Los Angeles labor and employment attorneys can explain, this provision is most often applied to cashiers, tellers and others who frequently work in stationary locations, but it’s not necessarily limited to the retail or banking sector or solely to cashiers. Continue Reading ›

Settlement Reached in Long-Running California Wage Dispute Over Trucker Pay

October 31, 2018 | by Nassiri Law

Commercial trucking carrier J.B. Hunt has agreed to pay a $15 million settlement in an employment lawsuit over trucker pay, weeks after the original class of 11,000 was de-certified. Los Angeles wage dispute lawyers following the case recall the firm had sought intervention from the U.S. Supreme Court, arguing interstate drivers in California should be exempt from state law mandates on meal and rest breaks.

In Ortega v. J.B. Hunt Transport Inc., originally filed more than a decade ago, plaintiffs asserted the commercial trucking company failed to pay drivers in accordance with California wage-and-hour laws. Truck drivers in California (like all other employees) are entitled at minimum to receive 30-minute breaks for every 5 hours in which they work. It was the carrier’s position that a federal law passed in 1994 preempted this requirement by asserting that state statues couldn’t interfere with laws pertaining to interstate trucking.

Wage dispute lawyers in California know that the trucking industry lobbied hard – for years – to pass the Denham Amendment to that 1994 law, which would have effectively voided California’s law and any other state that attempted to pass one similar. Absent that amendment, states have the right to override this provision. The effect in California is that a truck driver over the course of an 11-hour shift would be required to take two, 30-minute breaks. Defendant in this case isn’t the only one to face scrutiny after workers alleged they also were denied state-mandated breaks from their employer. Continue Reading ›

Court: Franchisees Not Employees of National Chain

April 13, 2018 | by Nassiri Law

They might share a name, hours, and overarching rules, but according to the U.S. District Court for the Central District of California, 7-Eleven franchisees are not direct employees of 7-Eleven. In the original employment lawsuit complaint, filed by a group of four franchisees, plaintiffs pointed to 7-Eleven’s restrictive rules, alleging they were unable to run a truly independent franchise and therefore qualified them as employees of the parent company. But the court ruled plaintiffs did not sufficiently demonstrate an employee-employer relationship. Our employment attorneys experienced in wage and hour lawsuits know this could set a significant precedent for current and future cases involving franchises.

According to National Law Review, plaintiffs attempted to make a case based on a few factors:

The requirement that franchisees remain open 364 days a year for 24 hours a day.
7-Eleven distributes payments to all employees.
7-Eleven sets rules for pay practices, discipline, terminations, and performance appraisals.

Sam’s Club Employee Sues for Transgender Discrimination

January 13, 2018 | by Nassiri Law

Last year, the California Department of Fair Employment and Housing put in place new regulations to protect employees from discrimination for gender identity and gender expression in the workplace, as outlined in the CA Code of Regulations, Title 2, sections 11030, 11031, and 11034. We are proud that California has always been on the forefront of such protections and our legal team continues to push for rights of groups vulnerable to workplace discrimination.

However, we know many people throughout the country remain a target for gender expression discrimination.

The attention of the nation is currently on Wal-Mart Stores Inc., which recently was sued by a transgender woman, who alleges she was fired after complaining to management about harassment she said she experienced on the job. She also filed charges with the U.S. Equal Employment Opportunity Commission.

According to an article from Reuters, plaintiff worked for 11 years at a Sam’s Club (owned by Wal-Mart) in North Carolina. She claims to have endured harassment in her supervisor position in the company, alleging employees called her numerous slurs and her boss made unwanted physical advances. She alleges she was fired in 2015 after she complained about the hostile work environment, which she said had been escalating for a number of years since she began her female gender expression in 2008. Continue Reading ›

Construction Worker Pay in California and Housing

June 12, 2017 | by Nassiri Law

According to a recent news article from The Los Angeles Times, the prevailing wage for construction workers in California is at the forefront of a growing debate over housing. This is a fairly complex issue when we look at the definition of the prevailing wage and how it works in practice.

The prevailing wage is the leading wage paid to construction workers in our region. There is a prevailing wage for each of the 25 different types of construction workers. For example, the common wage of masonry workers is the prevailing wage for that class of worker. There is a prevailing wage for all other construction trades, such as plumbers or electricians. Continue Reading ›

California Restaurants to End No Tipping Policy

June 3, 2016 | by Nassiri Law

About a year ago, the owners of several high-end restaurants in California and New York decided that they would institute a strict “no tipping” policy for all restaurant employees and instead pay the servers and other workers a higher hourly wage.

This no tipping model was created as a way to help workers earning what is often referred to as a living wage. The model was based on the typical plan in which restaurant workers get paid. Employees earn a very low minimum wage (typically less than $3 per hour) and then earn tips on top of that hourly wage. If the server does not earn enough in tips to equal the standard minimum wage for workers who do not earn tips as a substantial part of their wages, then the employer pays the difference. Continue Reading ›

Employees at LA Luxury Hotels Complain of Unsafe Working Conditions

May 19, 2016 | by Nassiri Law

Many people who stay in hotels, even very expensive luxury hotels, will leave all kinds of trash for housekeepers to deal with. According to a recent news article from NBC Los Angeles, this often includes medical waste that must be specially handled and safely disposed of in an approved receptacle.

While the hotel chains are required to show a safety video to housekeepers and other hotel staff, according to a complaint filed by the employees of one high-end hotel in Beverley Hills, many workers claim they are not provided with the waste disposal equipment and other safety equipment featured in the worker safety video. In other words, their employer is telling them they are aware of the problem, want employees to know there is a hazard and the safe way to handle medical waste, but allegedly does not want to spend the money providing workers with the necessary tools to complete this task. Continue Reading ›

Employment Lawsuit: Illegal Firing for Refusal to be Scientologist

May 3, 2016 | by Nassiri Law

A woman who practices Catholicism says she was wrongfully terminated from her job at a bottled water company in Nevada because she refused to convert to Scientology.

The employment lawsuit asserting religious discrimination alleges the worker was under pressure to watch pro-Scientology videos and was turned down for a pay raise when she did not show interest in switching faiths.

Based in Las Vegas, the company, Real Alkalized Water (also known as AffinityLifestyles.com) is owned by Nevada state Assemblyman Brent Jones, a Republican. His son, who is vying for an open state Assembly seat in the November election, is the executive vice president of the firm. Continue Reading ›

California Employment Lawsuit Over Lyft Drivers Settled

February 5, 2016 | by Nassiri Law

A California employment lawsuit against ride-sharing service Lyft was settled with an interesting compromise.

Workers involved in the class-action lawsuit asserted they were in fact employees, entitled to all the legal protections that entails. However, the mobile app argued the drivers were independent contractors, meaning they wouldn’t be entitled to minimum wage, workers’ compensation, overtime and other benefits.

Now, Reuters reports the company has agreed to expand certain worker protections and it’s paying $12.25 million to the drivers who are party to the lawsuit. However, it has not agreed to label the drivers employees. For the business, this eliminates a significant threat to its business model, but it could still leave drivers in a vulnerable place. Continue Reading ›