Orange County Employment Lawyers Blog

Ninth Circuit Reinstates San Francisco Police Age Discrimination Case

June 15, 2014 | by Nassiri Law

As baby boomers approach their retirement years, and a significant number of workers enter middle-age, an increasing amount of age discrimination cases have been cropping up in California and nationwide. In a recent case against the San Francisco police department, the Ninth Circuit has ruled that a class of over-40 police officers are able to proceed with their age discrimination case after they were denied promotions. The case was reinstated under California’s Fair Employment and Housing Act and could bring justice to the officers who were wrongfully and illegally denied promotions.

According to Bloomberg, the lower court wrongfully rejected the proposed class for failure to raise a common question of law or fact. The Ninth Circuit determined that the officers in fact met requisite standards for class certification. Our Orange County age discrimination and employment law attorneys are committed to protecting the rights of workers throughout California. In addition to fighting for the rights of individual workers, we are dedicated to raising awareness to prevent future discrimination.

Plaintiffs for the attorneys stated that they believe the decision was the right one for the class and could have wider implications beyond the Ninth Circuit. The decision has the effect of reducing the burden of proving the merits of a case at the class certification stage. Critics of the decision allege that making class certification easier will mean that litigation will last longer, pose more risks, and be more costly to defendant employers.

Student on Teacher Sexual Harassment: Third-Party Liability

June 12, 2014 | by Nassiri Law

Employers are responsible for counteracting sexual harassment in the workplace through preventative measures and disciplinary policies. In the event that harassment creates a hostile work environment, employers can be held liable. In a recent California case, a Catholic School teacher is bringing a lawsuit against a school alleging that students took turns taking photos up the skirts of their female teachers. The plaintiff was harassed for more than two years in her own classroom without any assistance from supervisors or administrators. The lawsuit alleged that the “boys will be boys” policy failed to protect her and other teachers from harassment in the workplace.

Sexual harassment cases can be qualified as either hostile work environment or quid pro quo. In this case, the private school’s failure to take action for repeated harassment and the hostile work environment could be held liable. Our Orange County employment law attorneys are committed to protecting the rights of our clients and to staying abreast of legal news and developments that may impact California workers. This case sheds light on a new possibility for liability involving student on teacher harassment.

According to reports, the abuse started in 2012 when students wrote sexually explicit remarks about the teacher in the bathroom. Last May school administrators learned that the boys were collectively in a competition to take the “best” photo up a teachers’ skirt. There were several teachers targeted by the video and photo assaults. After performing an initial investigation, six students were expelled and six more were suspended. According to the plaintiff, one of the students distracted her while another put his phone up her skirt to take photos. A student who saw the incident reported it and the administrators informed the plaintiff.

Rite-Aid Class-Action: “No Seats for Cashiers” Case Revived

June 10, 2014 | by Nassiri Law

In violation of state labor regulations, Rite-Aid is facing a class-action lawsuit for failing to provide its cashiers with seats. Though the trial court initially decertified the class of employees, the Fourth District Court of Appeal has reopened the case, reversing the previous decertification erroneous for considering merits of claim rather than the appropriateness of a class remedy. The class-representative plaintiff was an employee at Rite Aid in San Diego, who alleged that the company violated an Industrial Welfare Commission Regulation that requires employees be provided with seats when the nature of work reasonably permits.

When a company is in violation of state or federal labor regulations, employees can take legal action. In many of these cases, class-actions are a viable way to obtain justice and remedies for a large number of employees. Our Orange County employment attorneys are dedicated to protecting the rights of workers throughout California. In addition cases involving labor laws, we are also prepared to take cases involving sexual harassment, discrimination, and wage and hour violations. Employment cases can be complex, so it is important to consult with an experienced advocate to ensure the best possible outcome in your case.

According to the Fourth District Court of Appeals May 2 publication, the class certification was initially denied as a result of the company’s objection that the individual circumstances would dominate the case. When pursuing a class-action lawsuit, it is necessary that members of the class are similarly situated and that the facts of the case are the same for each plaintiff. The Rite Aid defense attorneys alleged that the class representative did not represent all members of the class because each store had varying requirements for each cashier and clerk.

Age Discrimination Bad for Employment and Health

June 9, 2014 | by Nassiri Law

Age discrimination is illegal in the workplace, but still impacts a significant portion of the labor force. New research shows that individuals who suffer from age discrimination may be at risk of more than just their employment status. According to a study conducted by the Florida State College of Medicine, individuals who believe that they have suffered age discrimination also suffer poorer health. The impact of age discrimination on health has shown to be worse than even the impact of perceived racism or sexism.

In the state of California, age discrimination is illegal. Failure to hire, promote, or termination based on age discrimination may give rise to a civil action against an employer company. Our Los Angeles age discrimination attorneys are dedicated to protecting the rights of employees. If you believe you have suffered from age discrimination in the workplace, our legal team will take immediate action on your behalf. In addition to providing sound counsel and advocacy to victims of discrimination, we are abreast of the legal developments and research that may impact our clients.

According to the study that was published in the American Journal of Geriatric Psychiatry, researchers tracked the changes in health of individuals over a four-year period. They had done previous research on whether perceived discrimination based on weight was associated with the risk of obesity. Using prior results, the researchers wanted to test whether the same association could extend to other types of discrimination. An initial study revealed that adults who believed that they had been discriminated against because of their weight suffered health declines more significantly than those who did not suffer from perceived discrimination.

The Rise of Cheerleader Lawsuits

June 6, 2014 | by Nassiri Law

Employment legal disputes can often invoke a class-action if there is more than one plaintiff injured by similar facts and circumstances. Employees who have suffered from discriminatory practices or policies will often take collective legal action against their employer. This is common in the event of wage and hour disputes. Last January, some jeered a cheerleader’s wage-and-hour dispute with the Raiders, but now other cheerleaders in the NFL have followed and filed similar lawsuits. At least one of these lawsuits is pending class approval.

Following the initial wage-and-hour claim, there have been several other lawsuits filed over unfair labor practices. Now NFL teams are being forced to look at compensation policies and cheerleader work schedules to determine if they are actually in compliance with federal labor laws. Our Orange County employment law attorneys are dedicated to protecting the rights of workers facing wage and hour disputes with their employer. We will take the time to review your case, assess your underlying claims and take strategic action to protect your legal rights.

Several other NFL teams are facing lawsuits over unfair labor practices, including the Tampa Bay Buccaneers, Bengals, Bills, and Jets. In each of these cases, the cheerleaders allege that they have not been paid minimum wages for performing and participating in the activities they are expected to during the course of employment. In addition, the cheerleaders have been expected to use their own money and to pay out of pocket for many of the expenses incurred while on away games or when performing other work duties.

New Bill Focuses on Ending Sexual Harassment of Farmworkers

June 1, 2014 | by Nassiri Law

Some industries and professions leave women more susceptible to sexual harassment, even violence in the workplace. Now, legislators and female workers in the agricultural industry are working together to stop the sexual harassment of farm workers in California. According to reports, women who work in fields and packaging plants are often the target of sexual harassment by crew bosses who have threatened to fire those who speak up. A new bill would crack down on employers who are responsible for harassment or who fail to protect workers.

Sexual harassment is illegal in any work environment and retaliation for reporting misconduct is illegal. Our Orange County employment law attorneys are dedicated to protecting the rights of sexual harassment victims. In addition to providing sound counsel and representation, we are also abreast of the legal issues and developments that impact worker rights in California.

SB 1087 is a proposed measure that targets farm labor contractors who hire workers for field jobs. The law would give the state labor commissioner the power to revoke licenses if supervisors sexually harass workers. The law is intended to keep employers abreast of interactions in the field and to ensure that workers and supervisors are held accountable in the event of harassment.

California Congresswoman: Minimum Wage Should Be $26 An Hour

May 29, 2014 | by Nassiri Law

Nationwide, cities, states, and even the federal government are considering and passing minimum wage hikes to protect low-wage workers and to meet contemporary financial needs. Though California’s minimum wage is slated to go up in July, other legislators are considering more aggressive hikes to support California workers. During an interview on CNN’s Crossfire, U.S. Representative Barbara Lee said that the minimum wage in California should be set at $26.00 an hour.

The minimum wage arguments have extended beyond cities, states and even the U.S. federal government. In Switzerland, a recent vote was held to raise the minimum wage to $25.00 an hour. The plan was rejected, however, the push towards minimum wage hikes demonstrates a general movement in favor of raising wages and the standard of living for the lowest paid workers in industrialized nations. Our Orange County wage and hour attorneys are dedicated to providing strategic counsel and advocacy to employees throughout our community and statewide. We are abreast of legal developments and are committed to keeping workers informed of their rights.

Minimum wage hikes have faced GOP resistance. Business lobbyists have argued that the minimum wage law is a setback that could result in more unemployment. Those in support of raising minimum wages see the shift as a way to help low-income workers meet base needs and have hope for a future. Activists admit that one or two extra dollars an hour would never send these workers into an upper-middle class income bracket, but it could be the necessary shift to simply make ends meet. Nationwide, cities, states and the federal government have recognized that old minimum pay rates do not equal the rate of inflation. This has left America’s lowest paid barely hovering above the poverty line. In many instances, these workers are left far below the line of poverty, making it difficult or impossible to ever get ahead.

ENDA or Executive Order? Federal Action to End LGBT Discrimination

May 26, 2014 | by Nassiri Law

Workplace discrimination continues to impact the LGBT community in California and nationwide. Despite intolerance, hostile work environments, and other discriminatory practices, sexual preference is not a protected class. According to the Huffington Post, Vice President Joe Biden believes that President Obama should use his executive authority to ban workplace discrimination against LGBT members. Though this is one solution, the better option would be passing the Employment Non-Discrimination Act, a bill before Congress that could have more effective and widespread benefits.

Many members of the LGBT have expected and waited for the White House to act to protect their rights in the workplace. During the 2008 campaign, the President promised to take executive action regarding LGBT discrimination, though no action has been taken. The President’s failure to act has been a disappointment to the LGBT community, though many hold out hope that passage of the ENDA or executive action is still possible. Our Orange County LGBT rights attorneys are dedicated to protecting the rights of the LGBT community. We are also aware of discriminatory practices in the workplace and are committed to raising awareness to protect workers throughout California.

Though the White House may be pushing action back to Congress, passing ENDA would have more long-term benefits to the LGBT community. Under the law, it would be illegal to fire or harass anyone at work for being LGBT. If the executive order passed, the legal protections would only extend to federal contractors. According to critics of the argument, an executive action should be made regardless of whether Congress passes ENDA. Other groups, including minorities, have multiple legal protections, including federal employment laws passed by Congressional action as well as those passed by executive order.

Pier One Imports Faces Pregnancy Discrimination Class-Action

May 23, 2014 | by Nassiri Law

Pregnancy discrimination continues to threaten the security, position, and rights of women in the workforce. A class-action discrimination lawsuit has been filed against the large retailer, Pier-One Imports after a plaintiff was forced into maternity leave before her due date. California labor law protects women from such discrimination; however, not every state has the same protections for pregnant employees. The case was filed by the Legal Aid Society in the Superior Court of California in the County of Santa Clara.

Under California law, pregnant employees cannot be forced into voluntary leave. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of women in the workplace. Our legal team will investigate any allegation of pregnancy discrimination and pursue every legal avenue to protect your rights and interests. We are experienced with even the most complex employment and labor disputes and can effectively handle your case. In addition to advocating for our clients, our legal team is abreast of cases and legislative developments that impact the rights of our clients.

The plaintiff alleges numerous discriminatory acts, including failure to provide reasonable accommodations for her pregnancy. According to the Legal Aid Society, the plaintiff informed her employer that she was not able to lift more than 15 pounds during her pregnancy or climb ladders. According to Pier One, the company has a ‘light duty’ policy allowing pregnant women with related conditions to be on light duty up to 8 weeks. After these 8 weeks, the employees are put on unpaid pregnancy leave if continued accommodations are necessary. The plaintiff was put on light duty which ended after 8 weeks and then put on unpaid pregnancy leave which was set to expire before her duty date. According to these terms, the plaintiff would have had to return to work before she gave birth.

CA Faces Legislative Debate Over Perma-Temp Workers

May 21, 2014 | by Nassiri Law

Businesses, especially large corporations, have been gradually using more temporary workers to reduce wage liabilities and evade other regulatory and compliance measures. Another growing trend is the use of ‘perma-temp’ workers or long-term temporary workers managed by staffing agencies rather than direct employers. These workers are often found on farms, in factors, hotel rooms, restaurants and a wide range of other industries. Such temps significantly reduce wage costs and other liabilities for employers. Now California activists and legislators are looking for a legal solution to stop the use of ‘perma-temp’ workers and to establish protections against abuse.

The rise of the use of perma-temp workers has been an alarming shift, causing an uproar among workers, labor unions and other advocates. The use of staffing agency to manage temporary workers and handle wages lets big companies off the hook. Now a legal battle between labor and businesses is gearing up in Sacramento and could signal a legislative shift in California. Our Orange County employment attorneys are committed to protecting the rights of workers in California and can protect your rights in any wage and hour dispute. We are also committed to staying abreast of legal issues and trends that impact workers’ rights in our community and nationwide.

According to a report published by the National Employment Law Project, low-wage temping grew 41% between 2008 and 2012. There are approximately 3.4 million staffing agency jobs last year which makes up 2.25% of all employment. This shift from permanent employees to temporary staff workers creates as system of disposable workers without rights. Evidence has shown that the use of perma-temp workers allows contractors to exploit legal loopholes, flout safety regulations, skirt overtime and wage requirements, and avoid workers’ compensation and unemployment insurance benefits. Workers who challenge the system or seek to assert their rights can quickly lose their position and staffing agencies simply move on to the next hire.