Riverside employment lawyer

The State of Employee Rights After Supreme Court Decision on Unions

July 11, 2018 | by Nassiri Law

The Supreme Court’s recent decision in the case of Janus v. American Federation of State, County, and Municipal Employees quickly rose to landmark status in employment law. The 5-4 ruling by the high court determined it is unconstitutional to force nonunion workers to pay fees to unions in the public sector. Justices for the majority decisions explained that forcing workers to financially back an organization whose views they did not necessarily agree with was a violation of their First Amendment right to free speech, according to a CNBC report. The decision overturned the 1977 Supreme Court ruling in Abood v. Detroit Board of Education, which stated fees could be collected for collective bargaining, but not for political purposes. Some believe, however, that by nature collective bargaining and union practices are political.

While the ruling does not affect the private sector directly, the spirit of the decision certainly sets a precedent for legal disputes with private employment unions. It also helps bolster laws that already exist in 27 states which forbid agreements between unions and employers to force all employees who are part of a bargaining unit to contribute to union dues. The ruling is viewed by many as a victory for individual liberties. Continue Reading ›

Employees’ Right to Organize Plays Role in Moonlighting Case

June 17, 2018 | by Nassiri Law

Employers have long tried to figure out ways to control their employees not only while they are on the clock, but also during their personal time. Joining a company can sometimes feel like a way of life rather than a way to earn income to sustain yourself. The latest way employers are overstepping their bounds is through “moonlighting” bans, or rules restricting employees who want to take on a second job. The National Labor Relations Board, however, recently struck down one such ban, sending a message to other employers across the country.

This is a major victory for employees, who already have more than enough burdens to carry. Our employment lawyers know if someone is taking on a second job, it is almost always because they are in need of more cash in order to make ends meet. The last thing workers should have to worry about is whether taking on additional work to provide for their families will jeopardize their first source of income.

An NLRB administrative law judge recently ruled on a company policy that put undue restrictions on the type of second job an employee could take on. Limitations imposed by the company stated that the job could not be inconsistent with the company’s interests and could not reflect poorly on the company’s public image. While the company argued the policy was meant to prevent employees from working for competitors, the judge rightly countered that insisting employees put company interests first even in their free time had the potential to infringe on unions, whose interests would serve other employees rather than the company. Whether intentional or not, the wording would affect workers’ right to organize, and thus those parts of the policy were struck down. Continue Reading ›

Jury Awards Big Payout in Wrongful Termination Case

May 11, 2018 | by Nassiri Law

California Labor Law once again has demonstrated itself to be a protector of employees, as one former Allstate Insurance Co. employee can attest. A jury recently awarded the employee more than 18 million dollars in a wrongful termination lawsuit in San Diego Superior Court on allegations that Allstate did not have grounds to fire him in 2015.

The outcome here hinged largely on CA Labor Code, 432.7, which states no employer shall determine any condition of employment on “any record of arrest or detention that did not result in conviction.” That means if an employee is arrested, but the charges were dropped or the person was found not guilty, the employer cannot use it as cause to fire the employee.

That’s exactly what plaintiff claimed happened at Allstate, according to an article in San Diego Union Tribune. Plaintiff had been arrested on two charges of domestic violence and possession of marijuana paraphernalia. Two charges were dismissed shortly after. The third charge of domestic violence disorderly conduct was also dismissed six months after the others upon plaintiff’s completion of an anger management course. Continue Reading ›

Understanding Employee Privacy Rights in the Age of Technology

March 30, 2018 | by Nassiri Law

With the ever-expanding reach of technology, it feels to many like privacy is dwindling. This can be especially distressing when an employer tries to use private information about you to take employment action.

There are more ways than ever for an employer to access information about you, but as our trusted employment attorneys know, companies are still limited in how they can use that information under the law. A recent article from The Business Journals delved into this very issue, unveiling different platforms on which employers can easily access your information.

Social media is, of course, the most obvious change in the way we share information over the past 15 years. It’s good common sense to be thoughtful about what you share about yourself, especially with so many new online outlets to post personal information with friends and family. You never know who might see one of your posts and share it with the wrong person. Plus, it’s not uncommon for an employer to scope out your online presence when you apply for a job.

They still cannot discriminate against you for any reason that is already protected under Title VII of the Civil Rights Act of 1964, such as race, religion, or nation of origin. However, if you have a series of public statuses about how much you don’t like going to work or making fun of your previous bosses, don’t be surprised if you aren’t getting many bites from prospective employers. Continue Reading ›

Race Discrimination Accusations Hit Connecticut Agency

February 11, 2018 | by Nassiri Law

When employees work in helping professions, they generally expect their supervisors and co-workers to share values of compassion and empathy. Unfortunately, racial discrimination, harassment and bullying can rear their ugly heads nearly anywhere, even among people who do good for a living. These in turn give rise to employment lawsuits.

The Department of Mental Health and Addiction Services in Connecticut is currently grappling with a flood of such accusations among its staff. Recently, 40 employees came forward to share their stories during a forum, hosted by members of the Commission on Human Rights and Opportunities. After hearing a myriad of accounts of targeted attacks against staff members, State Sen. Len Suzio (R-Meriden) called for the state to open a formal investigation into reported systemic discrimination practices, according to an article from Record-Journal. Most of the accusations detailed instances of discrimination based on color, race, ancestry and national origin.

Title VII of the Civil Rights Act of 1964 explicitly forbids discrimination of employees based on “race, color, religion, sex, and national origin.” U.S. Equal Employment Opportunity Commission defines one aspect of race discrimination as treating someone unfavorably because he/she is of a certain race or because of personal characteristics associated with that race. This applies to all steps in the employment cycle, including the hiring process, training, promotions, and dismissals. Continue Reading ›

State of Washington Looks to Reinforce Workplace Harassment Laws

February 5, 2018 | by Nassiri Law

The events of 2017 surrounding Hollywood producer Harvey Weinstein and the many sexual assault and harassment allegations against him are continuing to cause a ripple effect far beyond his region and industry. From people opening up a national dialogue with the #metoo movement to businesses fortifying their sexual harassment policies and training to investigations and stronger laws against predators, this past year has truly been an awakening to the pervasive inappropriate and dangerous behaviors in the workplace and the general public.

The state of Washington is among those examining proposals in response to these revelations that would bolster workplace protections in regards to sexual harassment and bullying and empower victims to come forward.

According to a report from WNPA Olympia News Bureau, among the bills under consideration by the Washington State Legislature is SB 5996, which would dismantle the practice of employers using non-disclosure agreements to restrict the abilities of employees to report misconduct in the work place. The bill outlines that such an agreement would not hold up as a protection in court for accused employers. Continue Reading ›

The Scope of Employment in California Lawsuits

June 27, 2017 | by Nassiri Law

Anyone who has worked at any job has likely seen someone get injured on the job. Whether we are talking about an employee falling and injuring an ankle, or a factory worker who is in a fatal accident, accidents happen all the time. Not only do accidents happen to employees themselves, but employees also cause accidents.

One question that often arises is when an employee is injured at an off-site location the employer does not want to compensate them because of what is known as an employee classification issue. If a worker is an independent contractor, as opposed to a statutory employee, they will not be entitled to workers’ compensation, overtime pay, benefits, and other protections afforded to employees. Continue Reading ›

Burton v. Freescale – Retaliation for Workers’ Compensation Claims

August 8, 2015 | by Nassiri Law

Employees who file workers’ compensation claims may run the risk of possible retaliation by employers who want to avoid paying the associated costs. The majority of states have laws that prohibit companies from lashing out against workers who have filed workers’ compensation claims.

Workers seeking to prove retaliation have to show:

He or she was an employee entitled to receive benefits under California’s workers’ compensation law;
He or she took some protected action (i.e., filing a workers’ compensation claim)
He or she suffered an adverse employment action (i.e., termination, denial of promotion, etc.)
The employer was motivated to carry out this adverse action by employee engaging in protected activity.

It’s not an easy threshold to meet, and that’s why having an experienced employment lawyer on your side can be critical. Continue Reading ›