Employee lawsuit Orange County

State Senate Sexual Harassment and Retaliation Accusations Move Forward

January 31, 2018 | by Nassiri Law

The explosion of the #Metoo movement has rocked the country, advancing the fight against sexual harassment farther forward than ever before. This has, of course, led to an influx of workplace sexual harassment lawsuits. But it also has caused ripple effects, including lawsuits for retaliation in the workplace, born from reporting of harassment to superiors unwilling to address issues.

Californians have been following one such case in our own State Senate. Several staffers of Sen. Tony Mendoza (D-Artesia) have been in the news recently after allegations surfaced of sexual harassment by the senator, with the former aides alleging they were fired for reporting the harassment.

Amidst investigations being conducted by an outside law firm, one of the former aides is taking formal steps by filing a discrimination complaint with the Department of Fair Employment and Housing against the California Senate, Mendoza, and two legislative officials. The complain alleges that she was retaliated against for coming forward with harassment allegations.

The filing of such a complaint would be a necessary first step in California should the former staffer decide to file a lawsuit. Whether a lawsuit will be filed in not yet decided, according to a report from The Sacramento Bee. Continue Reading ›

New Report Discusses Hotel Worker Exploitation

April 22, 2017 | by Nassiri Law

Whenever we go on a vacation and stay in a hotel, one of the benefits is that we don’t have to do any housekeeping while we are away. You can leave your room a mess and come back that evening, and everything will be neat and clean, just as when you first arrived. While we know this isn’t magic, not everyone pays all that much attention to the many hardworking housekeepers that help make the trip more pleasant.

Unfortunately, as discussed in a recent news article from the New York Times, a new report details a great deal of exploitation by unscrupulous employers against these dedicated individuals in the hotel and hospitality industry. Continue Reading ›

Fredrickson v. Starbucks – 9th Circuit Sends Barista Tips Tax Lawsuit Back to State Court

November 8, 2016 | by Nassiri Law

Starbucks Corp. baristas objecting to company policy to withhold taxes from their pay based on estimated tips – rather than actual tips – will have to take their dispute to state court.

The U.S. Court of Appeals for the Ninth Circuit decided in Fredrickson v. Starbucks Corp. that it lacked subject matter jurisdictions over plaintiff’s claims. Specifically, the federal-state comity doctrine – which is the idea that courts shouldn’t act in a way that demeans the jurisdiction, laws or judicial decisions of another jurisdiction – would prohibit the federal court from awarding any type of damages on the state-tax component of these claims. The federal tax component of the claim couldn’t be severed, justices ruled, so the entire action had to be decided in state court.

It’s a set back for the three plaintiffs, who filed the class action wage dispute lawsuit in Oregon. Continue Reading ›