Orange County Employment Lawyers Blog

California Celebrates 10 Years of Paid Family Leave

July 28, 2014 | by Nassiri Law

California is celebrating 10 years of its Paid Family Leave Program since the law went into effect in July of 2004. According to a recent analysis, the number of families taking advantage of the law has continued to rise and the majority of the shift involves fathers who are taking time off to care for and be with their newborns. Under California law, women can take up to 12 weeks of paid disability after birth. Since 2004, both men and women are allowed take up to 6 weeks of paid family leave after child birth. California is one of only a few states that offers paid family leave for both men and women. The state funds the program using the worker State Disability (SDI) contributions. Workers can also pay into a voluntary plan, meaning that employers do not have to absorb the costs of the program.

Whether you have already benefited from the paid family leave program or you are considering paid family leave in the future it is important to know your rights. Our Orange County employment law and pregnancy discrimination lawyers are experienced in protecting the rights of our clients facing legal challenges. In addition to providing strategic counsel and advocacy, we are committed to staying abreast of laws and legislative developments throughout California. Our priority is to help employees preserve and assert their rights in cases involving wage and hour disputes, pregnancy discrimination, and other employment law matters.

Historically, a mother would take off work to take care of her child and a father may use a few sick days before heading back to work. For 10 years, the California Paid Family Leave program has allowed millions of families to remain at home, with pay, and without concern of losing their job. According to reports, there were 135,000 Californians using the program in the first year. Now, approximately 190,000 Californians are using the program to care for their newborns post-birth and of that number 60,000 participants were men.

ACLU and Gay Rights Groups Withdraw Support For ENDA

July 26, 2014 | by Nassiri Law

The Employment Non-Discrimination Act, also known as ENDA, passed the Senate last fall but is no longer receiving support from the ACLU and other gay rights groups. Support was withdrawn after gay rights advocates cited concern over an employer exemption for employees who object to homosexuality on religious grounds. The withdrawal also reflects the serious impact of the Hobby Lobby case, which gives private employers the right to deny insurance coverage with contraception on religious grounds.

The religious exemption was added last year in an effort to attract Republican support to help pass the bill. Critics of the exemption say that it is too broad and that it gives employers the right to discriminate against in gays in the workplace. Fortunately, California employees are protected by state law, but the contentious exemption and withdrawn support from ENDA demonstrates the struggle faced by gays seeking equal protection in the workplace. Our employment attorneys in Orange County are dedicated to providing strategic and aggressive support to individuals who have suffered from discrimination. We are also informed and abreast of local, state, and federal legal changes that impact the lives of employees.

According to reports, the ACLU and other gay rights groups have spoken out, arguing that the religious exemption could give some organizations, including hospitals and universities, the ability to engage in workplace discrimination against the LGBT community. Other groups, including The Human Rights Campaign has maintained its support for ENDA, recognizing that there are currently millions of workers in the LGBT community who currently have no federal protections.

Tinder Co-Founder Suspended, Sexual Harassment Lawsuit Filed

July 24, 2014 | by Nassiri Law

Silicon Valley employment lawsuits are making headlines, including those involving sexual harassment claims against a Yahoo executive, age discrimination claims throughout the high-tech industries, and now a sexual harassment claim has been filed against the co-founder of the dating app, Tinder. According to the lawsuit, filed in Los Angeles Superior Court, the founders committed multiple acts of harassment and discrimination against another female founder. The plaintiff was also the face of Tinder and was a huge force in marketing Tinder to young women.

According to the lawsuit, the plaintiff was a founding member and instrumental in building the name and brand, including changing the name of the app from “Tender” to “Tinder.” The case may have been complicated by an ongoing romantic relationship between the plaintiff and another member of the founding team. Our Orange County sexual harassment attorneys are experienced in helping victims protect their rights. We will take the time to review your case, identify potential options, and help you achieve an optimal settlement or jury verdict, if necessary. Sexual harassment claims, especially those involving high profile executives, should be handled by experienced attorneys who can treat your case with discretion.

The complaint states that the chief marketing officer was in and out of a romantic relationship with the plaintiff and engaged in threatening and abusive behavior. Allegedly, the chief marketing officer called her a “whore” and threatened to strip her of her title because associating with a young woman would “devalue” the company. The plaintiff claims that she finally broke down and agreed to resign in exchange for a severance package and the vesting of her stock. Rather than comply with terms of the agreement, she was fired. The lawsuit alleges that the executives participated in continued and egregious discrimination on the basis of sex. This is in-line with other criticisms of Silicon Valley and predominantly male-dominated tech start-up environments.

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.

EEOC Updates Pregnancy Discrimination Guidelines

July 20, 2014 | by Nassiri Law

Pregnancy discrimination continues to pose a threat to women working or those looking to enter the workforce. For the first time in 30 years, the EEOC has updated its pregnancy discrimination guidelines to clarify the law for employers. The new guidelines articulate the law and make it clear to employers that failing to provide “reasonable accommodations” to pregnant women can be considered illegal discrimination under federal law.

In California and nationwide, women have been forced to confront employers who have failed to comply with “reasonable accommodations” requests. According to the EEOC, the guidelines are a necessary response, as pregnancy discrimination complaints are on the rise. Representatives from the EEOC have been overwhelmed by the number of complaints and the egregious employer actions that run afoul of the law. Being forced to respond to national complaints, the agency is hoping to curb future discrimination by making the law very clear for employers. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of women in the workforce. We will investigate any case involving pregnancy discrimination and will pursue every available avenue to achieve justice for employees.

The new EEOC guidelines mark a shift, clarifying in no uncertain terms, federal laws that may have once been confusing. The Pregnancy Discrimination Act of 1978 has been interpreted differently, both by employers and human resources departments, as well as by the courts. Lower courts have often interpreted “reasonable accommodations” differently and now a current case is headed to the Supreme Court for review. The EEOC is intervening early to clarify the laws and to prevent future pregnancy discrimination. According to agency leaders, the new guidelines are necessary at time where pregnancy discrimination continues to pose a problem in workplaces nationwide.

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.

Executive Order: Should the U.S. Offer Paid Maternity?

July 16, 2014 | by Nassiri Law

The United States is the only industrialized nation that fails to mandate paid leave for mothers with newborns. President Barack Obama is hoping to change that, providing more protections for mothers in the workplace. The President is also hoping to encourage employers to generally adopt more family-friendly policies, he announced at a summit earlier this month. Paving the way towards legally mandated family-friendly work environments could be an improvement for workers in California and nationwide.

According to a statement from the President, the United States is one of only three countries that doesn’t offer paid maternity leave. While many states, including California, have taken action to give workers paid family leave, the President is urging nationwide action to protect America’s mothers and families. All families should have the basic right to afford to care for their loved ones. Our Orange County pregnancy discrimination attorneys are dedicated to protecting California employees against pregnancy discrimination, sexual harassment, and other forms of employment inequality. We are abreast of trending legal issues that impact workers and are committed to promoting worker rights in California and nationwide.

While some likened the speech to something the President may have done on the campaign trail, others see the action as a genuine need to shift America’s workplace culture towards the reality of modern work culture. The summit event also featured an appearance by MadMen star, Christina Hendricks, to shed light on the similarities of the portrayal of televised 1950s culture and current U.S. employment policies. Currently, California does have a state mandated system of paid leave, but Obama wants to extend those protections to workers nationwide. Currently, Obama has not yet endorsed any legislation that would fund a national system or a bill that would fund legislation through a payroll tax. The push towards mandated maternity leave and new workplace policies is also a follow-up to his 2008 pledge not to raise taxes on low to upper middle-class families.

Chapman University Settles Racial Discrimination Lawsuit

July 15, 2014 | by Nassiri Law

Discrimination cases can be complicated and victims may not know what steps to take to protect their rights. A Chapman University professor has succeeded in recovering a settlement over allegations of racial discrimination. According to reports, the university agreed to pay $75,000 to the professor who claimed she was denied tenure because she was black. Though the university has denied any wrongdoing, the settlement also requires that it take steps to prevent future discrimination.

The EEOC announced in September of 2010 that it would pursue a case against Chapman on behalf of the professor. The settlement comes after two years of litigation. Our Orange County racial discrimination attorneys are dedicated to protecting our clients. We understand the sensitive nature of these cases and will explore every available opportunity to protect the rights of workers throughout California. As leading employment law attorneys, we are also abreast of legal developments and issues that may be relevant to other individuals who have suffered from discrimination.

According to the complaint, the professor had been hired in 2001 and applied for a tenure and promotion from assistant professor to associated professor in 2006. Given her education and positive recommendations from peers, students and superiors, the tenure position was not out of the question. The professor’s tenure was denied and she was discharged from her assistant professor position in 2008. After investigating the allegations of racial discrimination, the EEOC announced that it would file a suit in the U.S. District Court for the Central District of California. The lawsuit alleged that the professor was unfairly and illegally denied tenure and promotion because of her race.

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.

Bay Area Caregivers File Wage and Hour Class Action

July 13, 2014 | by Nassiri Law

Bay Area caregivers have filed a class-action against the Kentucky-based Kindred Healthcare and subsidiary companies for wage and hour law violations. According to reports, workers were denied overtime and breaks in violation of California labor laws. The defendant healthcare services company offers services providing care to the elderly, ill, and disabled throughout the Bay Area. The employee caregivers were contracted out by the healthcare company to work in assisted living and rehabilitation facilities.

Due to the nature of around the clock care necessary for many patients, workers had 12 to 24- hour shifts. According to the lawsuit, many of the workers were forced to complete these shifts without breaks. Our Orange County wage and hour law attorneys are dedicated to providing strategic and informed advocacy to protect the rights of our clients. We take a comprehensive approach to understand the facts of every case and will pursue every available opportunity to bring justice to California workers. In addition to providing counsel and advocacy in employment law disputes, our firm is committed to raising awareness to prevent future wage and hour law violations.

According to media coverage of the class action, employee caretakers were required to complete 12 to 24-hour shifts without getting paid overtime and without breaks for rest or to eat meals. In addition to working at residential facilities and assisted living centers, the caretakers were also sent to private residences. Under these working conditions, employees were paid only a flat-rate that amounted to less that minimum wage. The class representatives and lead plaintiffs in the lawsuit are experienced caregiver who were responsible for performing 12-hour shifts, seven days a week in private residences and facilities.