Orange County Employment Lawyers Blog

Report: Non-Compete Agreement Lawsuits on the Rise Nationally

September 3, 2013 | by Nassiri Law

The terms of California employment contracts are increasingly finding their way into courtrooms, as companies sue former workers for violation of “non-compete agreements.”

Our Costa Mesa employment lawyers recognize that such agreements are serving to limit entrepreneurial growth, with businesses defending the practice as a simple protection of their own investments and interests.

Really, it’s a way to stifle potential competition (which could prove harmful to consumers). It may also serve to keep workers tethered to a potentially toxic work environment because they fear the legal ramifications if they leave to seek other related employment or strike out on their own.

Protecting Older Workers Against Discrimination Act Introduced in Congress

August 30, 2013 | by Nassiri Law

An effort to mitigate the harm done by the 2009 U.S. Supreme Court decision Gross v. FBL Financial Services is underway in both the U.S. House and Senate in the form of the Protecting Older Workers Against Discrimination Act.

Our Costa Mesa age discrimination attorneys know that the Gross decision had been a major disappointment to advocates against age discrimination, as it made it effectively made it tougher to prove such a claim.

Essentially, the Supreme Court ruled that plaintiffs who allege age discrimination was the “but for” or deciding factor in a negative employment decision. By contrast, plaintiffs who allege discrimination based upon religion, sex, race or national origin need only prove that discrimination was a “motivating factor.”

Disability Discrimination Proliferates Nationwide

August 28, 2013 | by Nassiri Law

It’s been nearly a quarter century since the passage of the Americans with Disabilities Act. One would think the learning curve would be over.

And yet, our Orange County workplace disability lawyers hear daily about cases in which workers with disabilities have been treated unfairly. Just in the last month, the U.S. Equal Employment Opportunity Commission has posted news of dozens of cases of discrimination based on disability across the country.

We’ve taken a sample of these to highlight, just to offer up some examples to help you recognize discrimination disability when you encounter it.

Age Discrimination Rampant in Technology Industries, Insiders Say

August 26, 2013 | by Nassiri Law

In most fields, experience is seen as a benefit, something valued and sought-after.

However, in the high-tech world and Silicon Valley in particular, experience, or more specifically, age, may actually work against you.

In fact, age discrimination in California appears to be especially acute in the technological fields, according to a recent article published in the San Francisco Chronicle.

Report: Sexual Harassment Protections Scant for Unpaid Interns

August 23, 2013 | by Nassiri Law

On the surface, it would have seemed a very straightforward case of sexual harassment.

A senior male employee corners a younger female worker with unwanted comments about her body, tells her she should participate in an orgy with him and suggests that she remove her clothing before coming into meet with him. The allegations were further substantiated by the fact that a number of other women had made similar claims.

However, our Costa Mesa sexual harassment attorneys understand that her lawsuit was swiftly dismissed, a decision upheld by a federal appellate court. The reason? According to the court, the plaintiff had no standing in the case because she was an unpaid intern, and therefore not an employee, entitled to civil rights protections under the law.

Age Discrimination in California Increasing, Report Says

August 21, 2013 | by Nassiri Law

Perhaps it was inevitable in some ways.

It certainly wasn’t entirely unexpected.

Age discrimination in California is on the uptick, as baby boomers continue to grow older. The older folks get, the more potential opportunity there is for employers to skirt the law.

Age Discrimination Highlighted in Recent Princeton Study

August 19, 2013 | by Nassiri Law

A recent study by Princeton researchers seems to indicate that age discrimination is more prevalent than we might have otherwise believed.

Our Costa Mesa age discrimination attorneys understand that the study authors gathered some 140 undergraduate students. The students were told this person would be their partner in a trivia contest.

The man was white, with average attractiveness, wore average clothing and was reportedly from a mid-sized city in New Jersey.

Disability Discrimination Affects Many Returning War Veterans

August 17, 2013 | by Nassiri Law

A federal trial is pending in a case of alleged disability discrimination by the nation’s highest law enforcement agency, the Federal Bureau of Investigations.

In the case of Slaby v. Holder, U.S. District Court for the District of Columbia, a wounded U.S. Army veteran is suing the FBI for disability discrimination after it denied him status as a special agent.

According to court records, the plaintiff, Justin Slaby, had his left hand blown off by a defective grenade in 2004, during a training accident. He was subsequently outfitted with a prosthetic hand, which allowed him full function of his extremities.

California Wage and Hour Lawsuit Against Apple Seeks Class Action Status

August 15, 2013 | by Nassiri Law

A wage and hour lawsuit filed against Apple Inc. late last month in U.S. District Court in the Northern District of California alleges the technology firm failed to pay workers for time they were required to spend on the job.

Our Costa Mesa wage and hour attorneys understand that the plaintiffs in Frlekin et al v. Apple Inc. are seeking class action status against their former employer, alleging they were forced to wait in line to be searched at the end of each shift.

The goal of the searches, during which supervisors combed through hourly workers’ purses, backpacks and other personal items, was to ensure that the employees weren’t heisting an iPhone or an iPad or some other device in the course of their shift.

California Sexual Harassment Training Required for Certain Firms

August 12, 2013 | by Nassiri Law

The sexual harassment scandal bubbling over in San Diego has become a blight on the city, as the embattled mayor is now attempting to strong-arm the city into paying his legal bills due to a failure to provide anti-sexual harassment training.

Our Costa Mesa sexual harassment lawyers recognize that such training is required in California by all schools and government agencies and all companies with 50 or more workers.

The purpose of such training is to help prevent sexual harassment, but of course, it’s not full-proof. Supervisors do become more educated about what sexual harassment is, but a cursory training session at the beginning of one’s employment doesn’t automatically prevent future occurrences. More practically for the employer, such training serves to help protect them in future litigation. It’s a way for companies to say, “Here, see what we did to prevent this from happening from the very start.”