Orange County Employment Lawyers Blog

LGBT Community Still Not ‘Out’ at Work

May 19, 2014 | by Nassiri Law

Despite a growing awareness, legal advancements, and tolerance towards the LGBT community, employees still admit that they are aren’t necessarily willing to be “out” in the workforce. Workers may not feel comfortable coming out, either in job interviews, or when on the job. According to a CNN report, 53% of lesbian, gay, bisexual, and transgendered employees are “still in the closet” when it comes to their employment. The study was published by the Human Rights Campaign after surveying 806 LGBT respondents. This number is only up 2% from the same poll that was taken in 2009, indicating that despite some advancements, the LGBT community may still face discrimination in the workplace.

In the event of workplace discrimination, employees have the right to take action against their employer. Our Los Angeles employment lawyers are dedicated to protecting the rights of employees. If you have suffered discrimination, we will take the time to review your case, identify any misconduct, and aggressively pursue legal action. Sexual orientation discrimination is illegal under California law and should not be tolerated. Our firm is committed to raising awareness and protecting the rights of the LGBT community in Los Angeles.

More than ever, individuals, organizations, and legislators are more open-minded, tolerant of the LGBT community. Reports indicate that more companies offer LGBT benefits to families and businesses have non-discrimination policies to protect the rights of LGBT employees. More than half of Americans support same-sex marriage and a general cultural shift suggests that members of the LGBT community should be comfortable in their decision to “come out” in an employment setting.

Allstate Case Illustrates Risk of Signing Away the Right to Sue

May 13, 2014 | by Nassiri Law

After a company-wide restructuring, Allstate Insurance changed the rules for as many as 6,200 agents. Some agents had invested their own funds to build up their agencies over a decade or longer, with one man investing as much as $120,000 over 14 years and another investing $80,000. In 1999, these agents were called into meetings and told that while they could continue to sell Allstate Insurance, they were being reclassified as independent contractors. They lost their retirement accounts, their profit sharing, and their health insurance as a result, and their pension benefits would no longer continue to accrue.

If the workers accepted the deal, they were required to sign a waiver as a condition of continuing to work for Allstate. The waiver indicated that they were giving up their rights to sue. Many signed the waiver, but 31 agents sued Allstate anyway for age discrimination and breach of contract, among other claims. It has now been 13 years and the case is still moving through the courts. It illustrates both the complexity of employment discrimination cases as well as the importance of speaking with an Orange County employment law attorney before signing any type of waiver.

Allstate Case Shows Perils of Signing Waivers

The Market Doesn’t Set Salaries- Boards Do

May 11, 2014 | by Nassiri Law

CNN Money recently tackled the widespread myth that the market sets salaries. The reality is that this is simply untrue. People on the company’s compensation committees set salaries and sometimes these boards do not make smart or informed choices. In fact, sometimes compensation committees make decisions that cause damage, including wage theft or employees making salaries that are below a living wage.

While employers do not necessarily have to guarantee you a living wage, they do have to pay at least the minimum wage and they must comply with labor laws, including those prohibiting wage theft. If you are the victim of an employer that fails to pay you the amount required by law, an Orange County employment law attorney can provide you with assistance in pursing legal action.

Compensation Committees Often Fail to Consider the Big Picture

Tech Companies to Pay Millions to Settle Wage-Fixing Lawsuit

May 9, 2014 | by Nassiri Law

In 2011, tech workers filed a class action lawsuit against Apple Inc., Google Inc., Adobe Systems Inc. and Intel Inc. The workers claimed that the four tech giants conspired together and agreed that they would not solicit each other’s workers. This agreement was designed to prevent a salary war that would inflate the wages of workers within the technology industry.

Reuters reports that the tech companies have now agreed to pay a total of $324 million to settle the lawsuit. The case was being closely watched because of the potential for a significant damage award. It also illustrates that employees in every field and every industry, even highly skilled workers, are at risk of potentially abusive and unfair behavior. Workers need to understand their rights and should consult with a Costa Mesa employment law attorney if they believe that they are being treated inappropriately or unfairly within the workplace.

Wage-Fixing Prohibited By Law

Bill Would Allow Liens for Wage Theft in California

May 7, 2014 | by Nassiri Law

Assemblyman Mark Stone has introduced a bill, AB 2415, which would allow employees to record and enforce a lien on an employer’s property when allegations are made of unpaid wages. The lien may be recorded prior to the employee proving his entitlement to back pay. If the employee succeeds in demonstrating that he is owed wages by his employer, then the employee would also be allowed to recover attorney’s fees and costs for the legal action. The Division of Labor Standards Enforcement (DLSE) and groups of employees would also be able to record and enforce a lien against an employer’s real or personal property.

According to the LA Times, nearly 100 members of the Service Employees International Union (SEIU) marched on a Sacramento office of the California Chamber of Commerce in support of the bill in late April. If passed, it could help employees to have a better chance of getting the money that their employers should have paid to them but failed to provide. Those who are victims of wage theft and whose employers fail to pay as promised should consult with a Los Angeles employment law attorney for assistance.

Unpaid Wages a Serious Problem in California

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

Congress Fails to Pass Minimum Wage Increase, but California’s Minimum Set to Increase

May 5, 2014 | by Nassiri Law

The federal minimum wage is set at $7.25 per hour and likely will stay that way for the foreseeable future as the Senate failed to pass a bill to increase the minimum wage to $10.10 an hour. While the federal government may not act any time soon to boost the wages of workers, states are leading the charge to provide more money to hard working employees who deserve to be able to earn a living wage for the work they perform.

Los Angeles employment law attorneys help protect workers whose employers try to pay less than the minimum or who engage in wage theft activities like failing to pay for the entire time that an employee is at work. An increase in the minimum wage must be respected and followed by all state employers or legal action can be taken to recover unpaid wages as well as penalties.

States Lead on Minimum Wage Increases

Discrimination Trends in California

April 28, 2014 | by Nassiri Law

The California Department of Fair Employment and Housing (DFEH) submits an annual report every year showing the trends in discrimination cases. The DFEH enforces the Unruh Civil Rights Act, the Fair Employment and Housing Act, and the Ralph Civil Rights Act.

Reviewing the DFEH’s annual report shows the trends that are occurring in terms of discrimination in California. Despite the fact that decades have passed since the first civil rights legislation was signed into law, a review of the DFEH data shows that discrimination continues to be a very real problem. A Costa Mesa employment law attorney can provide assistance to victims of discriminatory behavior on the job.

Discrimination Trends in California

Paid Leave and Paid Sick Days Could be Good for Business

April 26, 2014 | by Nassiri Law

Paid sick days and paid leave are the dream of many employees. California provides paid family leave and has since 2002. However, there is no federal requirement for any type of paid leave and many workers are without the ability to take a day off from work with pay when they are ill. Even California’s system for paid leave is not perfect, despite the fact that the California Employment Development Department estimated 13.1 million Californians eligible for the State Disability Insurance (SDI) program have also been covered for Paid Family Leave Insurance benefits since July of 2004.

Costa Mesa employment law attorneys represent workers whose employers deny them leave that they are entitled to under the SDI or Paid Leave program. Our attorneys also represent workers whose employers fire them for taking advantage of paid or unpaid leave in violation of state and federal laws like the Family and Medical Leave Act.

Pro-Business Arguments for Paid Leave & Paid Sick Days

Is Boeing’s Move to California Driven by Age Discrimination?

April 24, 2014 | by Nassiri Law

Boeing is shifting jobs to California, which should be good news for workers. However, individuals living in California don’t want just any jobs- they want good, secure jobs with employers who treat them right and who do not engage in discriminatory behavior.

Unfortunately, accusations are being made that suggest Boeing may be making the move to California because of age discrimination. Boeing may terminate many older employees with higher pay rates as a part of the move to a new state, replacing these seasoned workers with younger and cheaper individuals. Employers who discriminate and terminate employees based on their age can face legal challenges, and the Puget Sound Business Journal indicates that the airliners actions may result in a lawsuit by the engineer’s union.

An experienced Orange County employment law attorney can represent clients involved in age discrimination cases and other lawsuits and help them to pursue a claim for compensation.