Orange County Employment Lawyers Blog

California Law Protects Employees’ Rights to Take Time Off in Special Circumstances

October 7, 2017 | by Nassiri Law

California has long been a pioneer of worker’s rights, and state law protects workers from many types of discrimination beyond those prohibited by federal law (such as religion and gender). The California Labor Code also lists many situations in which an employee is entitled to take time off work without being terminated or retaliated against. Many employees may not know that victims of domestic violence and sexual assault have employment rights under California. Now, a new law expands the duty of employers to advise employees of these rights. Continue Reading ›

Lawsuit Against Google Raises Questions of Gender Discrimination in California

October 4, 2017 | by Nassiri Law

Recently, Google has been the target of a wide variety of discrimination lawsuits. From issues of political speech raised by the infamous “anti-diversity manifesto” to the gender issues which plague the technology and venture capital sectors, the tech giant is facing the potential of significant civil liability for violations of state and federal employment law. According to Reuters, Google is also facing an investigation by the U.S. Department of Labor into gender discrimination in its pay practices. Now, a new lawsuit alleging gender bias in pay and promotions could be the latest – and greatest – of Google’s legal woes. Continue Reading ›

Religious Discrimination Still Prevalent in Today’s American Workforce

October 1, 2017 | by Nassiri Law

Religious discrimination is sadly common in today’s workforce. What is surprising to learn is the shocking statements that are made, and the blatant manner in which some employees still face religious discrimination in the workplace. Both California and federal law protect workers’ rights to a workplace free of such harassment. Continue Reading ›

Protecting Your Rights Under FMLA

September 30, 2017 | by Nassiri Law

Employees’ rights to take family leave are protected by federal law. The Family Medical Leave Act ensures that employees will not be terminated for taking leaves of absence for qualifying circumstances. California employees whose rights are violated can take legal action against their employers.

According to the Department of Labor, the FMLA provides employees with up to twelve weeks of unpaid leave per year. The employee may not be fired during this time, and group health benefits must be maintained by the employer. Qualifying family leave can be obtained for: birth or care of a newborn; placement of a foster or adoptive child with the employee; to care for an immediate family member with a serious health condition; or when the employee is unable to work due to a serious health condition. Despite the fact that FMLA has been the law since 1993, employers continue to violate this law.

The Complicated Test of Employees Versus Independent Contractors

September 27, 2017 | by Nassiri Law

In today’s changing marketplace, “gig” employment is becoming increasingly popular. On-demand mobile services for ride-sharing, grocery delivery, restaurant delivery and many other services have created vast income opportunities for those seeking part-time or supplemental income. Unfortunately, this new and emerging labor market has complicated the legal rights of such workers. Many companies and employees experience conflict over the employee’s classification as either an employee or independent contractor. Despite the confusion, it is important to remember that all California workers have legal rights under the Labor Code and other employment laws.

Are Allergies a Disability Protected Under Employment Laws?

September 23, 2017 | by Nassiri Law

California law protects workers with mental and physical disabilities. The law defines a physical disability as any disease, disorder, condition disfigurement or anatomical loss which limits a major life activity. Workers who suffer from physical disabilities are entitled to reasonable accommodations which will enable them to perform their job duties. When employers refuse to provide reasonable accommodations, employees have legal claims against that employer. Disability discrimination is a very real problem for many California workers.

But what legal rights does an employee have for mild medical conditions? Mild – but chronic – medical conditions can still interfere with an employee’s ability to perform his or her job duties. When this happens, the employee is still entitled to reasonable accommodations. The failure to do so subjected the California Department of Transportation (“CalTrans”) to a judgement of over $3 million. Continue Reading ›

Restaurants Ordered to Pay Back Wages, Penalties to Immigrant Workers

September 21, 2017 | by Nassiri Law

Mistreatment of immigrant employees unfortunately happens all too often, as some employers take advantage of workers’ lack of English skills and fear of potential deportation. Holding these firms accountable for such discrimination is a primary goal of our L.A. employment discrimination lawyers.

One’s immigration status or language skills should have no bearing on the way a company treats its workers.

Recently in Illinois, two restaurants and an employment agency were ordered to pay nearly $215,000 in back wages and penalties to a number of immigrant workers who were both mistreated and underpaid. Defendants in the matter – a sushi restaurant, a hibachi restaurant and an employment agency in Chinatown – are all expected to abide the consent decree. A judge will be in charge of overseeing the execution of the settlement, which partly requires the businesses to make a notable change in their employment practices. Continue Reading ›

Female Doctors Allege Gender Discrimination in Pay

September 18, 2017 | by Nassiri Law

Gender discrimination can occur in all industries, at all education levels and all income tiers. Recently, a trio of female physicians in North Carolina filed a gender discrimination lawsuit alleging the male doctors within their health system were paid substantially more than them, despite comparative levels of education, experience and expertise.

Also sometimes referred to as “sex-based discrimination,” it occurs when an employee is treated differently due to their gender. Title VII prohibits discrimination when it comes to any aspect of employment – including hiring, pay, job assignments, promotions, layoffs, firings and fringe benefits. Whether directed at male or female employees, it’s illegal when it has a negative impact on a person’s employment and it’s not job-related or necessary to the operation of the business.

The North Carolina case involves three female doctor plaintiffs who allege their male counterparts are paid substantially more money for doing the exact same work. Continue Reading ›

California Politicians Tackle the Problem of Sexual Harassment in Venture Capitalism

September 15, 2017 | by Nassiri Law

Gender discrimination in the technology sector has long been a problem which female Californians have simply had to endure. The anti-diversity manifesto by a former Google engineer is just the latest in a long line of more subtle disparities in the treatment of women employed in the technology industry. Now, a proposed bill by California Senator Hannah-Beth Jackson aims to address sexual harassment in venture capital.

Forbes reports the bill would make an almost imperceptible change to California’s current sexual harassment statute. By adding a single word – “investor” – venture capital relationships would be added to the employment relationships which are protected from sexual harassment by the California Labor Code. Yet this single word could make a world of difference to the women who find it difficult to both access venture capital and maintain employment within the technology sector. For decades, the imbalance of power lead to “rampant harassment of women entrepreneurs”. It is only recently that media attention has shed light on the problem and inspired action on the issue. Continue Reading ›

Fired Google Engineer Raises Issues of Free Speech in the Workplace

September 14, 2017 | by Nassiri Law

The recent case of James Damore has raised serious issues about politics and free speech in the workplace. Damore was a Google engineer who circulated a highly controversial “anti-diversity manifesto” among his co-workers. Among other things, the manifesto claimed that the gender gap in the technology field was due to biological gender differences which made women less suited for the work. When the manifesto became public and went viral online, Google fired Damore for violating its Code of Conduct. CNBC reports that Damore compared being a conservative at Google to being gay in the 1950s. He claims he was fired for “wrong think,” and that anyone with conservative viewpoints is marginalized at Google. Google CEO Sundar Pinchai, in advising Google employees of Damore’s dismissal, issued a statement saying that,“To suggest a group of our colleagues have traits that make them less biologically suited to that work is offensive and not OK. It is contrary to our basic values and our Code of Conduct.”

Politics are a particularly heated issue in current American culture. There is perhaps no point in history at which Americans have been more deeply and fundamentally divided over every possible ideological viewpoint. Foreign affairs, public policy, national security, religion, workplace equality, immigration, gender equality, and many other issues have caused physical violence to erupt between previously peaceful factions of society. How can employers maintain the peace of a healthy working environment while still respecting employee’s rights to their personal opinions?