Articles Posted in Uncategorized
Fighting Disability Discrimination and Retaliation – A Recent Case at Nassir Law Group
Protected Bereavement Leave in California and California Government Code 12945.7
Protecting Your Employment Rights: California Law and the Sex Offender Registry At Nassiri Law Group
At Nassiri Law Group, we’ve seen a
growing number of clients facing unfair treatment in the workplace due to
their status on the sex offender registry. Whether it’s a job offer
Filing Your Own California Employment Lawsuit vs. a CRD Investigation/Remedy
If believe you have been subject to employment discrimination, harassment, wrongful termination, or retaliation at work, your path to justice can go one of two ways: Filing your own lawsuit or handing the case over the California Civil Rights Department. Sometimes, you opt for the latter and might still end up suing, but you could also skip the state’s involvement and go straight to court.
How do you decide which route to go?
You might be best served by scheduling a free consultation with at least one or possibly a couple of Los Angeles employment attorneys. Have the basic facts of your case ready to run through. They can’t give you legal advice unless/until they are hired, but they can probably provide you with information to help you make an informed choice about which option makes the most sense in your case. And these conversations are confidential.
Do I Have to File a Complaint With Human Resources?
In some situations, yes.
Doing so may not be necessary if the company refused to hire you. It also may not be necessary if you were discriminated against based on your position in a protected class (race, ethnicity, nationality, religion, disability, gender/gender identity, sexual orientation, age over 40, pregnancy or related condition, etc.).
However, it may depend on the particulars of your situation and whether part of your claim involves harassment and/or retaliation. Continue Reading ›
California Workplace Seating Requirement Guidelines Outlined in Recent Appellate Case
A recent decision by a California appellate court offers insight into how companies can comply with workplace seating requirements, as mandated by state labor law. In Meda v. AutoZone, the California Court of Appeals, Second District, Division Three, ruled that while these cases are inevitably going to be fact-intensive with numerous factors at issue, there is a measure of commonsense employers should employ when deciding when they can reasonably and meaningfully provide workers with seating.
The case in question was filed under the California Private Attorney General’s Act (PAGA), which allows private citizens to step in the shoes of the state’s attorney general in order to pursue legal action for violation of state labor law.
According to court records, the defendant retailer, an auto shop store, did not offer cashiers and parts counter workers with adequate seating when (according to plaintiffs) they easily could have. California requires companies to offer workers their seats that are suitable when the nature of the work reasonably permits it.
In response, the defendant store argued that it did offer two raised chairs (adequate in height to use the counter at those work stations), and these seats were available to all workers – plaintiff included.
Plaintiff, however, argued that while the chairs were placed in those locations, workers were given to understand they were only available as an accommodation (for pregnancy, disability, etc.), and that at no time did the company tell other workers that they were free to use these seats.
The trial court sided with the employer, finding that simply providing these chairs was adequate enough to meet the state law requirement on seating. Continue Reading ›
Associational Discrimination Claim Upheld by Third Circuit Court of Appeal
Most people are aware that state and federal anti-discrimination laws protect them from adverse employment actions on the basis of certain protected classes, such as race, gender, disability, and age. However, fewer know that per a legal doctrine known as associational discrimination, employers may also be barred from discrimination against workers based on a relationship they have with a member of a protected class.
Employers can be held liable for associational discrimination as well as associational retaliation. Such claims can be filed under provisions of the Americans With Disabilities Act (federal), as well as the California Fair Housing and Employment Act (FEHA). The ADA explicitly bars excluding or denying equal jobs/benefits to a person who is qualified on the basis of a known disability. It also prohibits discrimination of a qualified person based on their relationship to or association with someone who has a disability.
Associational discrimination laws can also be filed under Title VII of the Civil Rights Act of 1964, which shields workers on the basis of gender, religion, national origin, and race. As our Los Angeles employment discrimination attorneys can explain though, this law doesn’t expressly bar associative discrimination like the ADA does. However, numerous courts have upheld associational discrimination is applicable under Title VII. In fact, the U.S. Court of Appeals for the Third Circuit recently affirmed such a case, joining numerous other federal appeals courts in reaching this conclusion. Continue Reading ›
California Wage Theft, Meal Break Violations Alleged in Employment Lawsuit Against Restaurant
A restaurant owner and reality television star is facing a class action for California wage theft and meal break violations at the West Hollywood establishment. She and her husband/co-owner are accused of violating numerous state labor laws by failing to pay minimum wage or overtime, refusing to give employees pay stubs, not paying gratuities that were earned and not providing adequate breaks as required by law.
According to E! News, the plaintiff (filing on behalf of herself and others) alleges that her employers at SUR failed to follow the law for at least one of the last four years. Plaintiff was employed at the upscale establishment for three months, ending in January. While there, she was a hostess, tasked with answering phones, confirming reservations and seating patrons.
This is the second labor lawsuit that has been filed against the owners of SUR in recent months. Late last year, another former employee filed their own class action lawsuit alleging California labor law violations. That worker, a non-exempt employee for three months, was employed not only at SUR but also at the owners’ other restaurants, Tom Tom and Pump Restaurant Lounge. He too alleges that for the last four years, workers were denied minimum wages and overtime, proper meal and rest breaks, accurate wage statements or pay stubs at the end of their employment. Continue Reading ›
California Employment Discrimination Against Asian Americans During Pandemic
There are many aspects of the COVID-19 pandemic’s impact that are unprecedented in modern history. One thing that isn’t so new is the tendency for people to seek a scapegoat. During the Black Plague of the 1300s, many blamed Jews. When cholera broke out in the U.S. during the 1800s, ire turned to immigrants of Irish descent. When an epidemic of polio was spreading across the U.S., many pointed the finger at Italian immigrants. With the novel coronavirus, the scapegoat has become people of Asian descent.
COVID-19 is believed to have originated in China, and unfortunately this has resulted in discrimination and even aggression against those with physical attributes typically attributed to people from Asia.
Los Angeles racial discrimination attorneys know there are already reports of bullying and harassment against Asian and Asian American workers. We’re are anticipating more will be reported in the weeks and months ahead. Apparently so does the Equal Employment Opportunity Commission (EEOC), which recently indicated it would be specifically tracking COVID-19-related claims. This will help create more than just anecdotal evidence of the trend. Continue Reading ›
Top 3 California Employer Legal Mistakes During the Pandemic
As employers throughout California are tackling unprecedented challenges brought about by the novel coronavirus (COVID-19) pandemic, it’s inevitable that mistakes will be made. However, employers would do well not to exacerbate their financial woes by erring when it comes to employee pay, sick leave and wrongful termination.
Outlined here are the top legal missteps our Orange County employment lawyers see companies making in the coming weeks and months. Continue Reading ›