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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.

Sony Employee Rights After Privacy Hack

December 21, 2014 | by Nassiri Law

The Sony privacy hack has drawn international attention and calls into question internet security for companies and employees. For employees who were victim to the security breach, legal questions remain. What are their rights? Can employees take legal action against an employer for a security breach? Thousands of employees suffered from the security breach when their social security numbers, birthdays, salaries, and even medical records were leaked online. In addition to the sheer loss of privacy, these employees are left vulnerable to identity theft and extortion. What next?

Employees at Sony are likely to be successful if they file a lawsuit under California law and could even recover millions of dollars for their losses. California has some of the strictest protections regarding employee information disclosure in the country. The workers would have significant rights and opportunities to recover compensation from the company. Under state law, residents are protected against having their information disclosed by any company or other institution. Even though Sony did not intentionally disclose data, it may not have met its burden in protecting the data from exposure and disclosure by third-parties.

According to reports, hundreds of Sony employees had their medical information disseminated, including complaints about unpaid insurance claims and lists of the medical procedures they had performed. Under California’s civil code, individuals have the right to bring an action against any entity that negligently released confidential information. In addition to the immediate $1000 claims, they can also collect on direct damages for the breach of privacy. To defend itself against these allegations, Sony would have to prove that it met its burden in protecting workers’ data, though this has been hotly disputed since the data hack.

Telecommuting: FLSA Compliance and the 40-Hour Work Week

September 12, 2014 | by Nassiri Law

In the age of the Internet and Smartphones, more companies are allowing their employees to telecommute, in a coffee shop, from home, or even from the beach. The flexibility of telecommuting has proven to be a generous perk for employees as well as for independent contractors and freelancers. With all of the technological options, staying connected to an employer is easy and can be a benefit to both employees and companies. Employees get the flexibility benefit while employers get to cut back on overhead costs. A new issue for employees who have the option of telecommuting is the issue of wage and hour implications.

Under the Fair Labor Standards Act (FSLA), wage and hour laws require employers to record the hours their non-exempt employees work and to ensure that those employees get proper breaks and rest. These requirements apply to telecommuting employees as employees who have traditional roles onsite or in an office. How do employers track hours for telecommuting employees? Can they be held liable for failing to comply with FSLA standards? Our Orange County wage and hour law attorneys are experienced in representing our clients and in staying abreast of legal trends in employment law. We understand the complexities faced by employees in a modern workforce and can help to ensure compliance in the best interests of employees.

Employers must be proactive in tracking the number of hours worked, as well as taking preventative action to ensure that employees are not working over their 40-hour work week. In the event that an employee is working overtime to meet job duties, employers can be held liable for overtime wages. For large classes of telecommuting employees, overtime can be a reality—and companies should not be able to evade responsibility for wages simply because that employee is working from home.

Boeing Facing Lawsuit Alleging Widespread Age Discrimination

August 9, 2014 | by Nassiri Law

Since Boeing announced that it will be moving thousands of engineering jobs out of the state of Washington, the union representing its engineers has filed an age-discrimination complaint with the Equal Employment Opportunity Commission (EEOC) as well as the Washington State Human Rights Commission. According to media reports and the complaint, Boeing has intentionally implemented a scheme that amounts to widespread age discrimination. Though the company has called the claims “baseless” state and federal agencies will be pursuing and investigating the charges.

The company is seeking to move 1,000 customer-support engineer jobs from Washington to California. It also plans to move over 1,000 research and technology jobs to other states. According to a Boeing representative, the company is simply working to “diversify” the workforce. Our Orange County employment law attorneys are dedicated to protecting the rights of our employees. We understand the stress and challenges faced by individuals who have suffered discrimination. Our priority is to investigate every allegation and pursue rightful legal action on behalf of employees.

Union representatives claim that the company secretly changed criteria or retention rankings, which would determine which employees would take priority in the event of a lay off. The union learned of the strategy though whistleblowers. In adherence with the new retention rankings, older employees would be more susceptible to the company’s layoffs. Effectively, the layoffs would impact employees with significantly more experience, and more years under their belt. According to union representatives, the action is in direct violation of the Age Discrimination in Employment Act. The union represents more than 21,000 Boeing employees in the state of Washington.

CA Employment Protections Extend to Undocumented and Illegal Workers

July 22, 2014 | by Nassiri Law

A recent California Supreme Court decision is being both lauded and criticized for extending rights to undocumented workers. The recent decision gives legal protection to immigrant workers who have suffered from illegal discrimination or pay violations, even for those who have illegally used fake documentation or falsified Social Security numbers to obtain employment. Though advocates for worker rights see the case as a breakthrough, it may not be fully exercised, as many immigrant workers are likely to fear bringing a discrimination lawsuit against an employer. For these workers, revealing illegal documentation may be a deterrent for filing a lawsuit, even if they do have legal rights against discrimination.

Though immigrants may not be willing to bring lawsuits, the Supreme Court decision could prevent future employers from taking advantage of those workers who do not have green cards. Our employment law attorneys in Orange County are committed to protecting the rights of workers. If you believe you have suffered from discrimination, we will take the time to review the facts of your case, identify your legal options, and pursue your rights. Discrimination in California is illegal and all workers have the right to pursue legal action against their employers.

One of the concerns with undocumented workers is that they will be exploited and that employers will never be held accountable for illegal activity. This decision helps to protect workers and can prevent future abuse by making lawsuits tenable. Some employers have denied pay and abused immigrant workers because they know the workers will not file a suit. Now, this may not be the case. The decision and current position of the law aims to prevent abuses and to give undocumented workers leverage against employers.

Yahoo Executive Sued and Files Counterclaim in Sexual Harassment Case

July 18, 2014 | by Nassiri Law

Sexual harassment can be directed at employees of any gender or sexual orientation. Most commonly, we hear of male employers or managers who have made sexual advances on a female employee, but sexual harassment can also involve more complicated relationships between parties. In a recent case, an executive at Yahoo Mobile has been accused of making unwanted and inappropriate sexual advances against another female employee. The case was filed this summer by the former employee who had started at Yahoo in the fall of 2013.

The “quid pro quo” case centers on the unwanted sexual advances in exchange for employment benefits, alleged threats of adverse employment action, and eventually, termination. Our Orange County employment law attorneys are experienced in representing individuals who have been victimized by sexual harassment. We understand the immediate and long-term consequences that a sexual harassment incident or incidents can have for the victim. Our priority is helping you protect your rights and work towards a just resolution, either through settlement or verdict.

According to reports, the female worker was employed as a principal software engineer in the company and worked directly for the executive. The plaintiff says that the executive made sexual advances and promised her a “bright future” at the company if she agreed to have sex. Her boss also threatened to take her job and stock options away if she didn’t have sex. In addition to the sexual harassment claim, the employee is also filing for wrongful termination after she received poor performance reviews because she stopped having sex with the executive.

Beverly Hills Restaurant Ordered to Pay $100,000 for Sexual Harassment

July 14, 2014 | by Nassiri Law

Some workplaces are more conducive to sexual harassment. Bars, restaurants, and other high turnaround environments teeming with young and vulnerable workers are ripe for abuse. Issues of sexual harassment can also be complicated by a culture of highly sexualized interactions in many restaurant environments. In a recent Hollywood case, a former Real Housewives star, Lisa Vanderpump was ordered to pay $100,000 in a sexual harassment case brought by a waitress who formerly worked at her restaurant, Villa Blanca.

According to reports, the waitress filed a lawsuit after she was physically touched and “manhandled” by another member of the staff. Our Orange County sexual harassment attorneys are dedicated to providing strategic counsel and advocacy to individuals who have suffered from sexual harassment in the workplace. We understand the complicated and sensitive nature of these cases and will pursue every avenue of recovery while remaining mindful of your personal and professional reputation. In addition to representing our clients, we are also abreast of trending legal issues and in raising awareness to prevent sexual harassment in the workplace.

The lawsuit rendered a jury verdict of $100,000 in punitive damages as a result of the physical sexual harassment. An attorney on behalf of the defendant-restaurant owner announced that they were shocked over the verdict and are planning to file an appeal. According to reports, the plaintiff was awarded compensatory damages, but the waitress was also allowed to pursue punitive damages because the jury found that the restaurant acted with malice. Though surprised by the award of punitive damages, the waitress was pleased with the verdict.

Colleges Under Investigation for Mishandling Sexual Harassment

June 17, 2014 | by Nassiri Law

Sexual harassment is a widespread problem in a range of employment settings, but it can also take place in the university. State and federal laws protect victims of sexual harassment and institutions can be held accountable for failing to take action. According to CNN, federal investigators have been scrutinizing 55 colleges and universities nationwide to determine if they illegally mishandled sexual harassment and violence complaints. The U.S. Department of Education has announced that the investigations includes colleges and universities in 27 states and in D.C.

Private and public institutions can be held liable for sexual harassment. Whether the victim is one student or the institution has a record of discriminatory practices or policies will determine the ultimately liability. Our Orange County sexual harassment attorneys are dedicated to protecting victims and to preventing future cases. We will take a strategic and informed approach to any allegation, determine the best course of action, and take aggressive steps to help victims achieve justice.

In the university investigations, federal agencies assert that they are looking to create transparency in the system to improve future response actions. The agency has also released the names of the universities which are under investigation to improve public awareness and to make victims informed of their rights. The agencies are also reminding students and other civil rights advocates that just because a university is the target of an investigation, it has not necessarily violated the law.

Mozilla CEO’s Termination: What Does CA Employment Law Say?

May 6, 2014 | by Nassiri Law

Brendan Eich was named the CEO of Mozilla, a company he had been involved with since its conception. Shortly after he took the position, however, he was forced to resign. The reason for this was public outcry over a political donation that he made six years ago. In 2008, Eich had donated $1,000 to support California’s Proposition 8, which would have banned same sex marriage in the state. Although the proposition was approved by a majority of voters in the state, a federal district court invalidated it.

The forced resignation has sparked a lot of controversy, with some saying that it was right to force Eich to step down because of beliefs considered “bigoted” while others arguing that it is wrong for someone to be terminated because of his political beliefs. While this is a question that can be debated in the public sphere, the reality is that California Labor Laws have already settled the question. The law protects employees from being fired for donating money to a political campaign, and if you are terminated because of a donation you made, you can contact an Orange County employment lawyer for help taking legal action against your employer for the labor law violation.

Protection for Political Advocacy