Orange County Employment Lawyers Blog

Reductions in Unemployment Can Mean Changes for LA Workers

November 27, 2017 | by Nassiri Law

The unemployment rate is one of the factors economists use to determine the health of the market. When more people are working it historically means that companies are prospering and the economy is getting stronger. Currently, the unemployment rate is down in Los Angeles and Orange County according to a recent news article from the Los Angeles Daily News. While this is generally good news, new issues arise as our economy has largely shifted into what has been termed an on demand economy.

This sounds like a good thing, but there are ways companies can use this newer model to take advantage of employees and not provide them with all of the wages and benefits to which they are rightfully entitled. This is often done through what employment attorneys call employee misclassification. Continue Reading ›

Automaker Accused of Racial Discrimination in California

November 24, 2017 | by Nassiri Law

While we can all hope that in 2017, in a state like California, we are beyond the days when workers have to worry about racial discrimination while working at a major corporation, if recent allegations are true, it seems there is still a long way to go until all workers get the respect and dignity they deserve. According to a recent news article from U.S. News & World Report, a former employee of a multinational tech firm that manufactures electric vehicles has alleged he was called the n-word while on the job. He also alleged in his employment discrimination lawsuit that his place of employment was a “hotbed for racist behavior.”

In this recently-filed complaint, the plaintiff has alleged while he was working on the assembly line, both supervisors and other workers repeatedly used racial slurs when speaking about him or to him, as well other black employees. He said that he made a formal report to human resources, but there was never any investigation conducted or any further action taken. He further alleged that he was told to have a thicker skin about the racial slurs. He is not the only employee making these allegations since there was a complaint filed several months ago in which three black employees made similar allegations against the company. Continue Reading ›

Recent Focus on Sexual Harassment Leads to More Complaints in LA

November 21, 2017 | by Nassiri Law

Sexual harassment in the workplace is certainly nothing new. It has been going on for as long as there has been a workplace. However, there has been a recent slew of sexual harassment allegations against actors, comedians, journalists, and politicians in the news. One positive that has come out of this is that all of these reports of sexual harassment and abuse surfacing have employer both female and male alleged victims to have the courage to come and tell their stories. According to a recent news article from 89.3 KPCC, this increase in attention and the need to report sexual harassment has led more complaints being filed in the workplace.

This is actually a positive since it does not mean there has been an increase in incidents in sexual harassment as far as we know, but the alleged victims of this harassment are feeling empowered and are now able to speak out where they would not in the past do to fear of retaliation. Continue Reading ›

Employers Think Past Salary Question Ban Isn’t Going to Work

November 18, 2017 | by Nassiri Law

Recently, California enacted legislation designed to remove some of the traditional barriers to employment. The new law bans most employers from asking about criminal history and past salary history in an initial application. Once an applicant has been offered a position, a criminal background check may be performed for certain occupations, but the idea behind the law is to put all applicants on equal footing during the hiring process. It is far too easy for an employer to skip over an applicant with a criminal history. The ban on asking about salary history is designed to require employers to make a salary offer based upon the demands of the position and the strength of the applicant. If the prospective employer knows how much an applicant was making before, they would know the base amount an employee took in the past and this would let them make a lower offer in many cases.

As is discussed in a recent article from the Los Angeles Times, that stated reason for banning asking about salary history, among others, is to narrow the gender gap in pay. To get an idea of the actual pay gender gap, we can look to data from the Institute for Women’s Policy Research which shows that while women make up nearly half of the entire workforce, the gap is still very much in existence and women earn on average, 80 cents on the dollar as compared to a man in the same or similar job. Continue Reading ›

Report: All California Sexual Harassment Complaints in State Senate to be Sent to Outside Attorneys

November 15, 2017 | by Nassiri Law

In an effort to ensure enforcement of zero tolerance policies when it comes to sexual harassment in California state senate offices, lawmakers have announced steps will be taken to hire outside attorneys for any investigations that involve abuse of or by staff or legislators. As reported by The Los Angeles Times, this breaks a long-standing practice of internally investigating sexual harassment complaints.

It’s also reflective of the national tone with regard to sexual harassment incidents, after the fallout with Hollywood mogul Harvey Weinstein sparked the #MeToo movement across social media and in numerous rallies and marches. Recently, hundreds marched in Hollywood against sexual harassment, as people from all different professions have come forward to demand accountability for those who commit sexual harassment and the institutions that protect them.

The decision to revise the sexual harassment investigation policies within the California Senate was unveiled hours after there were allegations of inappropriate behavior against Tony Mendoza, a Democrat from Artesia. Two capital staffers have accused him of misconduct. One allegation was made by a 19-year-old intern, who alleged Mendoza invited her to his hotel room to drink alcohol, despite her being underage. Another allegation was made by a 19-year-old Senate fellow. Three former aides were reportedly fired after making complaints about the interactions with the young woman. Senate officials have denied there is any connection between those terminations and the sexual harassment complaints. Continue Reading ›

Implied Contract Exception in California Wrongful Termination Lawsuits

November 12, 2017 | by Nassiri Law

California, like most states, allows for at-will employment. That’s a term used in U.S. labor law that explains contractual relationships in which employees can be fired by an employer for any reason (i.e., without just cause) and without any warning. “Cause” is interpreted to mean a fair and honest cause or reason, regulated by good faith on the part of the employer. California’s Labor Code contains the presumption that employees are employed at-will.

There are several exceptions to employment at will. These include:

Public sector employees.
Employees represented by unions (covered by collective bargaining agreements);
Employees who have contracts (written or implied) that require good cause for termination;
Employees whose employers have said/ done something to overcome the presumption of at-will employment.

In a recent wrongful termination case weighed by California’s First Appellate District, Division Three, the question was whether employee had an implied employment contract that required good cause for termination, and if so, whether his employer, a gas company, did have good cause for his firing. Continue Reading ›

Tesla Fires Hundreds of Employees in California for Alleged Subpar Work

November 9, 2017 | by Nassiri Law

Nobody enjoys being fired. Although California is not a right-to-work state, employers still have much freedom when it comes to termination of workers. Supporters of right to work laws opine they protect prospective employees who want a job but do not belong to a union. Although there was certainly a time when it was difficult to get into in a union, that’s generally no longer the case and membership is encouraged. The truth of the matter is these laws were designed to allow employers the freedom to fire workers for any reason they want and also to avoid having to deal with unions.

The reason many employers disfavor unions is because workers have strength in numbers. When they join a union, workers are invested with greater power to negotiate collective bargaining agreements that cause employers to give workers more protection than the base requirements afforded by the law.

Workers who seek to unionize may find themselves facing termination. You can discuss your rights with an experienced Los Angeles employment attorney.

Constructive Discharge by Employers in Orange County

November 6, 2017 | by Nassiri Law

Everybody knows what it means to be fired from a job. However, sometimes an employer aiming to get rid of an employee won’t actually fire the person. Instead, they create or allow to persist a hostile work environment that would force any reasonable person to quit. The law calls this a “constructive discharge,” and it’s illegal.

Constructive Discharge Employment Cases in Orange County and Los Angeles

According to a recent news article from the Huffington Post, constructive discharge cases are a lot more common than one might think, and they can be devastating to the employees who must work in these harsh environments. This article focused on a complaint recently filed in Orange County Superior Court. Continue Reading ›

Southern California Job Growth Projected to Slow Over Next Three Years

November 1, 2017 | by Nassiri Law

Recent projections by economists indicate that the job growth currently enjoyed in Southern California will slow dramatically in the coming years. This is problematic for employees, who are already at a disadvantage in negotiating the employment relationship. Employers, who traditionally hold a stronger bargaining position, are further strengthened in a job market which favors employers. Nonetheless, employees still have workplace rights which must be protected. Learn more about how a Southern California employment lawyer can protect employees’ rights in a tough job market.

The Job Projections

The Orange County Register reports that economists from California State University at Fullerton have recently released projections for job growth across Southern California during the next three years. While 2016 saw an expansion of 2.6 percent in payroll jobs, 2017 is projected to see only 1.6 percent, and 2018 growth is estimated at 1.7 percent. 2019 payroll jobs are estimated to grow at only 1.9 percent. While these percentages may seem small, they represent thousands of jobs, and thousands of families which depend on the income from those jobs. The economists found no obvious trigger for the current drop in employment.

Employment Classification Issues in Los Angeles

October 31, 2017 | by Nassiri Law

Employee misclassification is a major violation of California labor law that happens far to often. The issue is whether a worker is an actual employee or an independent contractor. An employee works for an employer and is under the direct supervision of the employer, manager, or supervisor.

Employees are told how to do the job, and most if not all aspects of the job performance are governed by the employer. The employee also is entitled to benefits including health care and, if they work more than 40 hours in a pay week, are entitled to overtime assuming they are paid by the hour as opposed to being on salary. Continue Reading ›