Orange County employment lawyer

Paramount Pictures Sued for FCRA Violations

February 2, 2015 | by Nassiri Law

Employees who turn in an application to an employer may not realize they have significant rights under federal law – even if they are not hired. Employers who decide to use consumer background checks, including criminal history or credit reports, to make a hiring decision must follow a very strict set of rules to do so.

First of all, they must inform you of their intent and get your permission. Your authorization for access to this information must be clear and separate from any other consent forms. In the event that an employer is not going to hire you because of what is turned up in reports, you must be given notice and time to rectify any mistakes.

These are only a few of the requirements set forth by the Fair Credit Reporting Act (FCRA), and an increasing number of employers are being held liable for violations. According to recent reports, Paramount Pictures is the most recent big offender in a string of class action lawsuits related to FCRA violations in the hiring process. The motion picture production company has been accused of failing to inform candidates of its intent to delve into their consumer, credit, and criminal histories. The class action alleges that there were very strict policies and practices that were not followed by the company.

California Home Healthcare Workers and the Fight for Overtime

January 30, 2015 | by Nassiri Law

With a growing elderly population, more families are turning to home health care services to help with the aid and medical needs of their loved ones. Many of these health service employees work for agencies responsible for salary and hourly wages, including overtime.

For employees, it is important to remember the laws about wages and overtime to ensure just compensation. Sadly, a California judge’s recent decision may limit the right to overtime for home health care workers. According to reports, California will not pay overtime to home health aides who care for the state’s elderly and disabled after judge overturned a federal regulation that requires overtime. The decision is a significant setback for home healthcare workers as well as the unions that back them.

Unions, workers and other advocacy groups fought aggressively in favor of the regulation and lobbied Governor Jerry Brown to include the funding package in the California budget. By refusing overtime and other benefits to home healthcare workers, the state is now positioned to save $183.6 million in the next six months and another $314.2 million in the fiscal year beginning in July. While the California budget and bottom-line may benefit, workers and their families will not be entitled to the compensation they should have access to under federal law.

Rise in FCRA Lawsuits: Employer Liability in Background Checking

January 19, 2015 | by Nassiri Law

Employers are being more heavily scrutinized for taking potentially illegal action when background checking employees either prior to hire or during the course of employment. A class action lawsuit was filed in a Missouri federal court alleging Michaels, a craft store chain, violated the Fair Credit Reporting Act in its hiring process. According to the complaint, the store violated the law because it failed to properly disclose to candidates that a credit report could be requested and reviewed during the application process.

The FCRA governs how credit reports, criminal background checks, traffic reports and other consumer records can be used during the hiring process. Employers do have the right to access these records. However, they must follow a very strict set of guidelines to ensure compliance with the law. Even though the majority of job applicants may be unaware of their rights under the law, employers should be in full compliance when requesting information on a job candidate.

Michaels is far from the only alleged offender. Whole Foods, Publix and Dollar General are all facing lawsuits over purported FCRA violations.

McDonald’s Franchise Owner Sued by EEOC for Disability Discrimination

November 16, 2014 | by Nassiri Law

The American Disabilities Act protects individuals who suffer from physical or mental disabilities against discrimination. According to reports from the Equal Employment Opportunity Commission , the owner of a McDonald’s franchise in Oakhurst and the affiliated property management company illegally discriminated against an employee because of his cerebral palsy. EEOC reports indicate the worker suffered unlawful demotion and was forced to quit. In response, the EEOC has filed a disability discrimination lawsuit against McDonald’s.

The EEOC is the federal agency charged with ensuring compliance with federal labor and employment laws. According to the agency, the employee had worked for a prior owner of the Oakhurst McDonald’s without facing any difficulties or discrimination since he was first hired in 2006. He was a valued employee and was even promoted from a crew member to a floor supervisor after two years of working at the location. Co-workers and former supervisors regarded him as a highly capable and a good employee.

In January 2008, Alia Corporation assumed control of the restaurant. The company owns and operates over 20 McDonalds’ franchises throughout the Central California area. Within a few months of taking over the Oakhurst location, the management company demoted the employee to janitorial duties, reduced his hours and cut his wages. The EEOC reports as a result in the significant loss of wages, the employee was forced to quit less than six months after the Alia Corporation take over.