Articles Posted in employment attorney

The California Supreme Court ruled that a national news network employer’s termination of an employee could amount to protected activity under anti-SLAPP laws, even if ultimately those activity are deemed unlawful. At the very least, it’s going to mean careful evaluation of employment lawsuits against news organizations in California. discrimination lawyer Los Angeles

Plaintiff, who is black, alleged that as an employee, he suffered racial discrimination, retaliation and wrongful termination. The network argued the claim violates anti-SLAPP laws intended to shield businesses from frivolous lawsuits intended to chill speech or some other protected activity of public importance.

Analysts famed the case by considering whether a media company’s free speech right to decide who produces content that’s distributed to an audience of millions supersedes the employee’s right to a discrimination-free workplace. Based on the line of questioning, our Los Angeles employment discrimination attorneys surmise the court had no intention of effectively giving media organizations carte blanche reign to discriminate against their employees simply by citing the First Amendment and anti-SLAPP laws. But while that aspect of the case was remanded back to the lower court, that’s still no guarantee the worker will, especially given allegations of plagiarism, which for that industry, is often considered a fire-able offense.

Attorneys for the major network argued that editorial decisions included things like who to hire and which assignments should be given to whom. All of this, they said, is connected to furthering the mission of public speech, and thus the decision to fire the plaintiff producer should protected under anti-SLAPP laws.

Employment discrimination lawyers in Los Angeles and throughout the state had been watching closely how the case unfolded. Continue reading

An increasing number of tech-based software companies that hire workers in a non-traditional setting are facing down the potential of a wave of employment lawsuits – potentially class action litigation – because of the fact they have long likely been misclassifying workers. Employment attorneys for companies looking to ward off this potential expense are preemptively doling out checks. If cashed, these payments have the effect of a worker signing away any possible right to pursuit of a future claim.Los Angles employee misclassification worker

Workers are strongly advised against cashing these checks until reviewing their legal rights with a Los Angeles employee misclassification lawyer – because your claim to damages from an employee lawsuit may far exceed the amount on that check.

That’s because by designating drivers and others as “independent contractors” as opposed to employees, companies like Lyft, Uber and a new startup, Getaround Inc., are able to sidestep any duty to cover major expenses like retirement benefits, overtime, workers’ compensation and various liabilities to third parties for worker negligence. Companies also get away with denying routine rights, such as regular breaks and mealtimes. Collectively, this all adds up to significant coin. Continue reading

As longtime labor and employment attorneys, we represent individuals from all backgrounds. Recently, amid internal strife within the Democratic party, President Donald Trump stirred a firestorm of controversy when he called out four far-left Congresswomen (AKA “The Squad”), directing them to “go back” to the countries from which they/their ancestors came.national origin discrimination lawyer Los Angeles

The exact phrase used within his series of tweets was:

“Why don’t they go back and help fix the totally broken and crime infested places from which they came.”

The issue is not the fact that the president has some folks in an uproar, as this is nothing new.

EEOC Considers Comments in This Vein Evidence of Racial Discrimination

What our Los Angles racial discrimination employment lawyers can say is this:

Far in advance of this maelstrom, the federal agency responsible for enforcement of anti-discriminatory employment laws expressly noted a phrase very similar and in the same vein as that shared by the president, noting it to be the type of language that might violate federal anti-discrimination employment laws. Continue reading

The lunch time wars at Wal-Mart rage on. A class action Los Angeles labor and employment lawsuit over meal breaks has resulted in a $6 million verdict – and the introduction of something known as the “meal break discouragement theory.”employment attorney

In Hamilton v. Wal-Mart Stores Inc., plaintiffs alleged the mandatory security check through which they had to exit and enter during every break consumed so much time, the end result was workers were left with less than their legally protected right to a full half hour for meals during their shift. Beyond this, workers alleged it was overly-intrusive, embarrassing to be required to remove feminine hygiene products from their purses. Break rooms were noisy, crowded, uncomfortable places to be.

It wasn’t that they were ever denied the opportunity to take a meal break. They were, however, soundly discouraged from it. A jury agreed with them, and in April, awarded $6.1 million. Continue reading

Three years ago, the Beverly Hills Police Department hired its first-ever female police chief. While her appointment was lauded, her tenure has been marred by a series of civil lawsuits against the department – namely by at least 20 employees alleging misconduct specifically by her.employment discrimination

The California employment discrimination claims assert professional misconduct and discrimination against employees on the basis of religion, sexual orientation, ethnicity and more.

In the most recent claim, jurors awarded a department employee $250,000, finding the chief targeted the worker for racist and homophobic harassment. This reportedly began when the chief learned plaintiff was a lesbian. The chief’s response – which she did not deny – was, “Ew! Gross!” Although the chief later admitted this comment, she insisted it was not intended to be discriminatory.

In another incident involving the same plaintiff, the chief reportedly told plaintiff that if she hoped to attend an upcoming holiday party, she was expected to “dress Mexican.” Continue reading

Civil claims based on California employment law can be difficult to prove, particularly when they involve a case of alleged harassment, which often boils down to “he-said-she-said.” But whether we’re talking about harassment, wrongful termination or retaliation, plaintiffs will generally bear the proof burden. This is why for so many cases, witness statements prove critical.workplace harassment

One of the reasons witnesses are so essential is that they are, if not wholly unbiased, at least gaining less from the lawsuit than either of the involved parties. This is important in jury trials and even settlement negotiations, when it’s unclear who really has the stronger case.

For instance, plaintiff could argue that he was fired for making safety violations and that the performance-related reasons the company gave for the termination were nothing more than pretext. However, absent some solid proof, your Los Angeles employment attorney is going to need more than your word alone to prove this.

Similarly a restaurant manager’s sexual harassment of a young female waitress may be difficult to prove on her word alone. However, if co-workers attest to seeing it, that helps to substantially bolster the case. Continue reading

Nevada recently became the first state to ban employment discrimination of job applicants who use cannabis. Although other states have been inching toward this kind of measures, and employers have been adopting marijuana-friendly practices internally, Nevada is the first to adopt this into state law. employment attorney cannabis discrimination

Los Angeles employment discrimination attorneys at The Nassiri Law Group (who also have extensive experience in California cannabis law) recognize that perhaps this isn’t all that surprising given Nevada’s long-time reputation as a libertarian-leaning state. It’s not clear whether others will follow, but it could set a strong precedence in other states where the drug is legal both for medicine and recreation.

Vice.com reports the new law, which comes three years after the state legalized cannabis, will take effect in 2020 and prohibits companies from declining to hire potential employees who test positive for the drug. Continue reading

Most employment lawsuits based on federal discrimination laws must first go through the U.S. Equal Employment Opportunity Commission, better known as EEOC. With few exceptions, these cases involve the protected statuses as set forth in Title VII of the Civil Rights Act of 1964. The EEOC launches an investigation and then gives Notice of Right to Sue when the investigation is closed, which allows permission to file your federal or state employment discrimination lawsuit withing 90 days. You can request the right to sue sooner or, if you’re filing an age discrimination claim, you don’t have to wait.workplace discrimination

The idea was to resolve some of these matters without litigation, but also in a way that ensured maximum public good when an employer was caught unfairly treating workers. The EEOC doesn’t pursue government sanctions in every case (increasingly less so), but oftentimes information gleaned from that investigation can be helpful to your personal claim.

But apparently, the EEOC isn’t even doing much of that. In fact, an investigative co-report by the Center for Public Integrity and Vox. The report indicated an increasing number of workplace discrimination cases are being closed before they are ever even investigated. Continue reading

Although many people have heard the phrase, “workplace discrimination,” not everyone recognizes exactly what it is – and what it is not. It goes beyond simply having a boss or colleagues who are unpleasant or mean.employment attorney

Employment discrimination occurs when either a job applicants or employee is not treated fairly because of his or her disability, gender, age, religion, national origin, skin color/race. It can also involve retaliation against an employee who attempts to assert his or her rights under these laws.

Employer discrimination is illegal under laws such as Title VII of the Civil Rights Act of 1964 and the Age Discrimination and Employment Act of 1967 (ADEA), and it applies to any aspect of employment. That means it’s not just hiring and firing, but can apply to situations involving transfer/shift reassignment, disparate wages, demotion, promotion, benefits, reducing one’s hours or clipping one’s pay.

So for example, a company that systematically only offers white workers certain opportunities that lead to promotion, employees of color may have grounds to take action. Employers who consistently give younger workers the choice assignments, clients or travel opportunities may find themselves justly facing an age discrimination claim by an older employee. Continue reading

Payroll processing companies can’t be held liable for the errors that employees of other firms claim resulted in their being shortchanged, the California Supreme Court ruled recently, reversing an appellate court’s decision. L.A. wage theft attorney

In a case that originated in Los Angeles Superior Court, employees filed a third-party claim for damages against the payroll company contracted by the worker’s employer. Defendant payroll company attorneys argued California’s Labor Code doesn’t allow employers to assign duty for accuracy in wage statements to third parties. Bloomberg reported in December an estimated there are 1,100 payroll process service companies statewide.

Los Angeles employment lawyers had been watching the case closely, knowing that if the high court ruled in plaintiffs’ favor, it would have meant those firms could be subject to liability in California wage-and-hour employment litigation. Continue reading