Orange County Employment Lawyers Blog

Non-Disclosure Agreements Void Post-Weinstein Bankruptcy

April 3, 2018 | by Nassiri Law

The story of Harvey Weinstein and the mass accusations against him of sexual misconduct has been in the news for almost six months, and in that time it has set the tone for the #metoo movement and a wave of new sexual harassment policies bursting forth around the country. And now there’s potential for more people to be able to speak up again the former Hollywood producer. Weinstein Co. recently filed bankruptcy, with plans for a sale in the wings, while the board also released any non-disclosure agreements (NDAs) put into place between employees and Harvey Weinstein.

A former assistant of Weinstein has been sharing more about the NDAs as part of efforts to help curb workplace misconduct in the future, according to a report from Deadline. She told a UK parliamentary committee that employees were pressured into signing NDAs. She alleges vague threats made to her and others if they chose to speak out against alleged sexual violation committed by Weinstein. Part of why she agreed to sign the NDA, she said, was the inclusion of clauses that would keep Weinstein accountable for his actions in the future. However, she said that portion of the agreement was largely ignored. The assistant first broke her NDA last fall shortly after stories about Weinstein sparked conversations about whether non-disclosure agreements should be enforced against workers who suffered sexual harassment or exploitation. Continue Reading ›

Understanding Employee Privacy Rights in the Age of Technology

March 30, 2018 | by Nassiri Law

With the ever-expanding reach of technology, it feels to many like privacy is dwindling. This can be especially distressing when an employer tries to use private information about you to take employment action.

There are more ways than ever for an employer to access information about you, but as our trusted employment attorneys know, companies are still limited in how they can use that information under the law. A recent article from The Business Journals delved into this very issue, unveiling different platforms on which employers can easily access your information.

Social media is, of course, the most obvious change in the way we share information over the past 15 years. It’s good common sense to be thoughtful about what you share about yourself, especially with so many new online outlets to post personal information with friends and family. You never know who might see one of your posts and share it with the wrong person. Plus, it’s not uncommon for an employer to scope out your online presence when you apply for a job.

They still cannot discriminate against you for any reason that is already protected under Title VII of the Civil Rights Act of 1964, such as race, religion, or nation of origin. However, if you have a series of public statuses about how much you don’t like going to work or making fun of your previous bosses, don’t be surprised if you aren’t getting many bites from prospective employers. Continue Reading ›

Domestic Workers Fight for Employment Rights in Seattle

March 27, 2018 | by Nassiri Law

Any good employment lawyer will tell you that employee rights laws and wage disputes aren’t just about holding corporations accountable. At the core, these actions are about protecting people, defending their humanity, and ensuring vulnerable workers aren’t taken advantage of. We have come a long way over the decades to expand those protections and increase quality of life for more hard-working citizens in California and beyond.

Unfortunately, there are still a number of industries wherein worker protections are scant. Such is the case in Seattle, where the recently formed Seattle Domestic Workers Alliance is pushing for a Domestic Workers Bill of Rights, according to a report from Curbed Seattle. This would include mandated contracts between domestic workers and those who employ them, as well as a commission to oversee domestic labor standards. As our employment lawyers can explain, a domestic worker is someone who works within the household of their employer. This could be a nanny, housekeeper, in-home caregiver, cook, gardener, etc. And right now, in Seattle, this group is feeling more pressure than other workers to try to make ends meet.

A recent survey from SDWA illustrated the issue. Researchers surveyed 174 of the 30,000 domestic workers, focusing on nannies, gardeners, and house cleaners. Results showed 81 percent of respondents would be classified as “very low-income” using standards set by Department of Housing and Urban Development. They said they do not receive the same protections as other employees: 53 percent responded they did not receive overtime pay; 39 percent said they receive no sick time; and 85 percent said they are not protected by workers’ compensation in the event of an injury on the job. Benefits are even more measly, with 54 percent of respondents having insurance – only 6 percent of that provided by an employer. More than one-third of these workers get no vacation days and a whopping 94 percent do not get paid family medical leave. Continue Reading ›

New Employment Law Bolsters Equal Pay for Equal Work, Targets Gender Discrimination

March 24, 2018 | by Nassiri Law

Gender equality in the workplace has been a long and hard-fought struggle, and it’s not over yet. Recently, a pay equity bill passed in Washington state that will make it more clear what constitutes wage and gender discrimination, ultimately fortifying employee rights.

HB 1506 updates a 75-year-old wage law making it a misdemeanor to discriminate based on gender, according to a report from KING 5 News. This measure will not only make it illegal to discriminate based on gender, but levelthe playing field for all employees. This is achieved in two substantial ways.

First, the measure defines what it means for “similarly employed” workers to receive equal compensation. As our employment attorneys can explain, many companies skirt the issue of “equal pay for equal work” by giving employees different titles, even though the tasks and work load are similar. In the past, employers could argue that because the jobs technically weren’t the same, wage comparisons were not relevant. By moving the goalpost to include “similarly employed” workers as deserving equal pay, Washington has removed this loophole and made sure that those with similar responsibilities and skills remain on a level playing field. Continue Reading ›

Pregnancy Discrimination Alleged by Certified Nursing Assistants

March 22, 2018 | by Nassiri Law

It’s hard to imagine in 2018 that women would still be facing discrimination at work for something as basic as pregnancy. The last thing a woman who is about to bring a child into the world should have to worry about is whether or not she will be able to support that child when they are born. It is the belief of our legal team that even one woman who fears losing employment due to pregnancy is one woman too many.

That’s why it is shocking to hear the details of a lawsuit filed by U.S. Equal Employment Opportunity Commission against a nursing center in North Carolina. The lawsuit, filed in the U.S. District Court for the Middle District of North Carolina, claims that twice in just over a year’s time (between November 2014 and December 2015) the nursing center refused to accommodate pregnancy-related work restrictions for two certified nursing assistants.

Each woman cited a simple lifting restriction as cause for their request for job accommodations or modifications. And each request was allegedly rejected on the grounds that the center could not accommodate them. Further, the center fired both employees, one after being put on unpaid leave, allegedly as a result of their accommodation requests. Continue Reading ›

LA Workers’ Congress Renews Fight for Workers’ Rights

March 19, 2018 | by Nassiri Law

One of the best ways workers can shield themselves from discriminatory practices at work is through the use of organized resistance to unscrupulous practices by employers. When a worker’s rights have been violated, there may be the possibility of taking legal action but many labor unions strive to prevent such violations before they occur.

According to a recent news article from People’s World, the Los Angeles chapter of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), has pledged to renew their efforts to form an “inseparable resistance to illegal and otherwise unfair employment practices” committed by various employers in Los Angeles and across California. Continue Reading ›

Study Shows Shifting Schedules Major Problem for LA Retail Workers

March 17, 2018 | by Nassiri Law

While many people have the same schedule for work in any given week, this is a luxury most in the Los Angeles retail industry do not enjoy. According to a recent news article from CBS Los Angeles, a new study from the University of California at Los Angeles (UCLA), finds most retail workers face the difficulties of a constantly shifting schedule and it creates a serious hardship in many aspects of their lives, especially when it comes to arranging for child care.

Working in a retail environment often means workers must wait for the next week’s schedule to come out to know what days and hours they will be required to work. There is often a mechanism for requesting certain times off, but employer’s do not always approve such requests, and even if they do, it is not uncommon for these approved-requests to be completely ignored when putting out a schedule. This is not only true for those in the retail industry, but also for those in the service industry, such as working at a restaurant. Continue Reading ›

Employees Win in California Supreme Court Wage and Hour Ruling

March 14, 2018 | by Nassiri Law

Employees got a big win in California Supreme Court recently in a case that ruled on interpretation of guidelines regarding overtime wages. The case in particular examined what formula should be used to calculate overtime wages and whether companies should follow Division of Labor Standards Enforcement rules or federal standards. Plaintiff said company was undercutting his pay by using the federal formula rather than following California rules, which give more favor to employees. And the high court, thankfully, agreed.

Overtime rate of pay is usually calculated using a formula of 1.5 times the regular pay rate. If an employee makes an hourly wage and nothing else, the calculation is easy. For example. someone who earns $12 per hour would receive $18 per hour once they rolled into overtime hours. But there are different interpretations as to what the calculation would be when an employee has additional income that needs to be included, such as a flat sum bonus, according to a Bloomerg report. That’s the crux of the case at hand.

Defendant in this case was a manufacturing company that paid workers an extra $15 bonus for each Saturday or Sunday they worked. The bonus was the same regardless of how many hours were worked on that shift. Defendant was using the federal formula for calculating the overtime rate of pay, which adds up all income earned and divides by all hours worked, including the overtime hours. A lower appeals court sided with the company, sending the case up to the state Supreme Court.

New Wrongful Termination Allegations Against Orange County Official

March 12, 2018 | by Nassiri Law

It’s always unfortunate when the trust between an employer and employee is broken. We see it every day in our line of work, defending employees whose rights have been violated on the job. It’s doubly hard when an employer chooses to lash out against those who take legal action to protect their rights. The good news is this kind of retaliation is not legal and you are not without options to fight back.

We saw this recently, in Orange County, where the executive assistant of county supervisor Todd Spitzer is suing him for a second time, alleging defamation that followed a wrongful termination in 2016. According to The Orange County Register, the wrongful termination lawsuit was settled last year. Now, plaintiff says her former boss told reporters and other third parties her firing was the result of incompetence, rather than a wage and hour dispute. He further allegedly told these others she refused to take necessary computer classes and implied she could not complete basic computer tasks.

Plaintiff said not only were those statements false, but they are now hurting her ability to find new employment. This spurred the second filing in Superior Court of California, County of Orange. At the time these alleged statements were made, plaintiff says she had already completed several computer classes on her own accord. The lawsuit alleges she even requested an additional computer class, a request which Spitzer rejected shortly before letting her go. It’s worth noting plaintiff worked for the county supervisor for three years by the time of her firing. It would seem one would not survive long in that role absent basic computer knowledge.

Former Agent Feeling Heat in Hollywood Sexual Harassment Shakedown

March 11, 2018 | by Nassiri Law

While the #metoo movement is shining a spotlight on sexual harassment and the dark corners of Hollywood, an increasing number of civil sexual assault cases are being filed, some against former supervisors, co-workers and the institutions that protected them when they owed a duty of care to the victim.

Here in California, one former agent is battling a civil lawsuit filed by a former client alleging sexual battery and sexual harassment. The agent has asked the Los Angeles Superior Court to stay the civil case until the statute of limitations expires on the criminal case, arguing that to proceed and participate in the civil case could result in self-incrimination leading to serious felony charges, according to The Hollywood Reporter.

Defendant (through his attorney) vehemently denied the allegations. Of the request to stay, his attorney explained the civil complaint read like criminal charges and discovery requests made additional claims of criminal behavior, causing concern that testimony during the lawsuit could bring about formal charges.

This underscores the fact that many civil lawsuits may coincide with criminal charges, and while these are two totally separate processes operating independently of another (and sometimes with very different outcomes), there are times when one may have an impact on the other. A good employment law attorney will do everything possible to keep your case moving when that is in your best interests.