Orange County Employment Lawyers Blog

California Workplace Bullying Unfortunately Not Illegal

August 10, 2013 | by Nassiri Law

Judging from popular culture, you would think that Americans love workplace bullies. They garner everything from respect (“The Devil Wears Prada”) to guffaws (“The Office”).

However, when it comes to real life, our California employment lawyers know that workplace bullying is no laughing matter. Studies have shown that victims of workplace bullying suffer from psychological and even physical health problems. This negatively affects not only the worker, but workplace morality and productivity.

Bullying at work can be generally identified as involving:

LAPD Defends Excessive Employment Lawsuits Record

August 6, 2013 | by Nassiri Law

Of the $110 million paid out by the city of Los Angeles for its police department’s alleged wrongdoings over the last six years, roughly a third of that was for employment-related litigation.

Our Costa Mesa employment attorneys understand those cases primarily involved allegations of sexual harassment, racial discrimination and retaliation.

The employment litigation audit, conducted by the inspector general of the police commission, found that between the summer of 2006 and the summer of 2012, was conducted for the purposes of determining whether the agency had complied with the mayor’s earlier directive for minimizing litigation risks.

FMLA Cited in Wrongful Termination Employment Lawsuit

August 3, 2013 | by Nassiri Law

A woman has filed a labor lawsuit stating that her employer wrongfully fired her rather than make reasonable accommodations for her doctor-verified illness.

Our Costa Mesa employment lawyers know that this case centers on a federal law known as the Family and Medical Leave Act. The law has strict applications, but it is intended to protect the jobs of those who need leave for specified medical emergencies pertaining to either the employee or the employee’s family.

Workers who are approved of FMLA are entitled to a total of 12 work weeks’ worth of leave over the course of one year under the following conditions:

California Wage and Hour Law at Issue in Fast Food Class Actions

July 31, 2013 | by Nassiri Law

A class action lawsuit has been filed on behalf of California workers employed at a popular, nationwide burger chain, accused of break and overtime violations.

This suit joins previous litigation filed on behalf of current and former employees of a Mexican fast food chain.

Our Costa Mesa overtime attorneys know that chain operations, particularly those that employ low-wage, low-skill workers, tend to be prone to this type of violation because they believe they can get away with it.

Religious Discrimination an Issue Nationwide

July 28, 2013 | by Nassiri Law

A number of recent employment lawsuits filed throughout the country have stemmed from alleged religious discrimination, ranging from failure to grant certain accommodations to outright harassment and hate crimes.

Our Costa Mesa religious discrimination attorneys know that Title VII of the Civil Rights Act is very clear in stipulating that such actions are not to be tolerated under the law. The law refers to a prohibition on any discrimination with regard to any aspect of employment, including hiring, firing, pay, job assignments, lay-offs, promotions, benefits, training or any other condition of employment.

Harassment of a person based on his or her religion is also illegal, the same way sexual harassment is barred.

Sexual Harassment Not Prevented by California Prison System, Feds Say

July 25, 2013 | by Nassiri Law

A former California prison cook is suing the state, with help from the U.S. Department of Justice, for allegations that his bosses did nothing to halt serious and ongoing sexual harassment that he suffered by a female co-worker.

Our Costa Mesa sexual harassment attorneys know that while sexual harassment complaints are exceedingly common, what makes this claim interesting is that it involves a male plaintiff. Sexual harassment is vastly under-reported as it is. It is even more under-reported when the plaintiff is a male and the accused is a female.

There tends to be the erroneous assumption that male employees either secretly enjoy such treatment or that they should be able to simply handle it on their own. Neither is the case. And as this situation reveals, the perpetrator need not even be a supervisor.

Overtime Court Battles Wage in California, Nationwide

July 23, 2013 | by Nassiri Law

A class action overtime lawsuit involving Los Angeles mechanics who alleged they were unfairly denied overtime pay by their employer has been settled for $3.5 million, meaning each claimant can expect to receive between $9,000 and $10,000.

Our Costa Mesa wage and hour attorneys know that cases like this are becoming more common, as workers become more and more educated about their rights.

It helps that there are a number of recent cases in which workers have won big in these cases. That’s encouraging, but it’s also natural that workers want to fight for themselves and fair wages.

Tipped Workers Stiffed by Court in Starbucks Case

July 21, 2013 | by Nassiri Law

The Court of Appeals in New York has issued an opinion stating that Starbucks shift supervisors may share in the barista tip pool, despite their supervisory role.

Our Costa Mesa wage attorneys recognize that a similar case out of California was the catalyst for this ruling.

The coffee powerhouse had initially been ordered in 2008 by the San Diego County Superior Court to pay some $86 million in restitution to baristas nationwide for improper tip practices, plus another $20 million in interest. The lawsuit centered on the exact same issue: Should shift supervisors be allowed to share in those tips?

California Temporary Worker Rights, Part 2

July 19, 2013 | by Nassiri Law

In this second entry of our two-part series on the rapid proliferation of temporary workers in California, our Costa Mesa employment lawyers continue to explore some of the vulnerabilities of these employees and the extent of the power they do hold.

We’ve been closely following the ProPublica/TIME Magazine series on temporary workers.

While the number of temporary workers throughout the country continues to grow, the number of individuals who will secure full-time employment as a result of these positions is low – about 30 percent. In the meantime, most will earn less than $25,000, some taking in less than half of minimum wage once various fees are factored.

California Temporary Worker Rights, Part 1

July 17, 2013 | by Nassiri Law

The road to economic recovery has been marked by a stagger more than a stride.

As such, our Costa Mesa employment lawyers know that while the number of full-time positions has waned, the number of part-time and temporary jobs has seen a significant uptick. At least in the immediate term, there is no real sign that this will change.

Temporary workers in California are almost always at a disadvantage, in comparison to full-time workers. They aren’t given health benefits, disability benefits or many of the other considerations that those with more permanent positions enjoy.