Orange County Employment Lawyers Blog

How Airbnb Host Violations Affect Employers Through the Department of Fair Employment and Housing

July 21, 2017 | by Nassiri Law

Employers might be surprised to learn that the actions of an Airbnb host can affect policy and obligations created by the California Department of Fair Employment and Housing. Nonetheless, that is the outcome of a particularly heated racial case arising out of Big Bear.

The Star reports that, in February 2017, Asian UCLA law student Dyne Suh had rented a cabin in Big Bear. The cabin had been rented from Tami Barker through Airbnb. After driving for hours through rain and snow, Suh received a text message canceling the reservation when she was only minutes away from the cabin. Barker wrote:

“I wouldn’t rent to u if u were the last person on earth”
“One word says it all. Asian.”
“This is why we have Trump”
“I will not allow this country to be told what to do by foreigners.”

Suh, an American citizen and law clerk at the Riverdale County Public Defender’s Office, reported the case to the Department of Fair Employment and Housing. The Department ordered Barker to pay a $5000 fine, issue a personal apology to Suh, take a college level course on Asian American studies, complete community service at a civil rights organization, and report rental data to the Agency for the next four years. Airbnb also permanently banned Barker from their site. Continue Reading ›

California Gives $3 Million in Assistance to Laid-Off Workers

July 18, 2017 | by Nassiri Law

We hear a lot about jobs and job numbers on the news these days, as it has become a major political talking point. Whether or not jobs will come back to Americans is up for debate, and both sides of the aisle have a lot to say about the topic.

However, what we do know is that there are a lot of factories shuttered and a lot of jobs being lost, and for the laid-off workers, this is often devastating. According to a recent news article from 89.3 KPCC, California is providing $3 million to help the 600 workers who were laid-off by American Apparel. Continue Reading ›

Carl’s Jr. Fined $1.45 Million by City of LA for Wage Hour Violations

July 15, 2017 | by Nassiri Law

According to a recent news article from CNN, the City of Los Angeles has issued a demand for $1.45 million from fast food chain Carl’s Jr. This money is to pay fines and make restitution for employees that were underpaid. The city found that the company did not pay employees minimum wage pursuant to local law for over a six-month period.

At the time of these findings, the minimum wage in the City of Los Angeles was $10.50. Pursuant to legislation already passed, the minimum wage for hourly workers has already gone up to $12 per hour for employers who employ more than 26 people. By the year 2020, there will be a city minimum wage of $15 dollars per hour. Continue Reading ›

Proposed Bill Requires Transgender Rights Training for Employers in California

July 13, 2017 | by Nassiri Law

According to a recent news article from the San Francisco Gate, new regulations are now in effect that provide specific protections to transgender and gender-nonconforming employees in California. This comes at a time when transgender workers are receiving more support from some and facing more hostility from others than ever before.

One issue that employers are worried about is that even if they want to do the right thing and follow the law, they are not sure exactly what they are required to do. They also say they do not have the resources to fully follow the law and learn what to do. While these claims seem somewhat hard to take seriously, there is clearly a need for more training. Continue Reading ›

Workers Allegedly Fired for Being “Too Gay” in California

July 12, 2017 | by Nassiri Law

According to a recent news article from Society for Human Resource Management, an employee in California has filed a lawsuit against his former employer claiming he was fired for being “too gay.” He was working in executive management for the company prior to being terminated, according to his complaint.

In his complaint, employee claimed his was openly gay when he was hired in 1997. He worked for the company for 10 years in various management jobs. In 2007, he was given a new job as the manager for diversity and inclusion. This was not only a new job for him, but a newly created position within the company. Continue Reading ›

Ban-the-Box Now the Law in California Employment Cases

July 11, 2017 | by Nassiri Law

As discussed in a recent news article from the National Law Review, California’s newly passed Ban-the-Box regulation has now taken effect. This means that our state has joined a growing list of states that are what is being called the Ban-the-Box bandwagon.

When we use the term “box” we are talking about asking prospective employees if they have any criminal convictions. While on some applications there is actually a box to check if the applicant has a criminal history, the new law applies to any form of the question. Continue Reading ›

Non-Compete Clauses in California Employment Cases

July 9, 2017 | by Nassiri Law

In most states, at certain jobs, your employer will ask you to sign what is known as a non-compete clause. This means that if you leave the job for nearly any reason, you will not be able to work in the same industry. There is normally a geographical limit on where you may not compete, though in some industries, a geographical limit would not make any sense. You are generally not required to sign a non-compete agreement, but the employer has a right to not hire you if you refuse to do so.

While this is true nationally, there is a ban on non-compete clauses in the state of California. In other words, even if you are asked to sign one, it will not be enforced in a California court. However, despite the ban on non-compete clauses in our state, many employers will still require employees to sign them. They will also try to word them in terms that they believe will be enforceable in a court of law. Continue Reading ›

LAPD Officers Win City of Los Angeles’ Lawsuit for Reimbursement of Academy Training

July 7, 2017 | by Nassiri Law

When a police officer resigns from the force shortly after completing training, can he or she be required to reimburse the city for the costs of attending the police academy? The answer is no – an answer the City of Los Angeles learned the hard way. (See In re Acknowledgement Cases, 239 Cal. App. 4d 1498, decided August 12, 2015.)

In the early 1990s the City experienced a high attrition rate amongst officers of the Los Angeles Police Department. In an attempt to mitigate the costs of turnover, the City enacted an administrative code provision that required officers to pay a prorated portion of the cost of their required training at the Los Angeles Police Academy if they voluntarily left the force within sixty months of graduation, and were hired by another law enforcement agency within one year of leaving. New officer recruits were required to sign an acknowledgment of this policy.

The City brought suit against a series of officers for reimbursement of academy training expenses under this provision. With many pending cases on the same issue, the City agreed that the rulings on the enforceability of the acknowledgment for one case would apply to all pending acknowledgment cases. The trial court ruled in the City’s favor, finding the acknowledgements to be enforceable against the officers. The officers appealed.

The Fourth Appellate District examined the administrative reimbursement provision under the California Labor Code, which provides that employers must indemnify employees against the necessary expenditures or losses incurred in the discharge of the employee’s duties. (Cal. Labor Code § 2802(a)). While no cases had directly resolved the issue of whether training was such a necessary expenditure, the appellate court nonetheless determined that it could be. Training required under state law (such as Peace Officer Standards and Training) was not mandated by the employer, and therefore the court found that it was not an expense of employment. The Los Angeles Police Academy, however, had training which exceeded the state requirements of POST. That portion of training was found to be an expense of employment for which the City could not seek reimbursement from recruits. Continue Reading ›

Employment Issues Faced by Construction Workers in California’s Inland Empire

July 3, 2017 | by Nassiri Law

According to recent news article from The Orange County Register, California’s Inland Empire is one of the top areas in the nation for construction jobs. This claim is based on data from a leading general contractors’ association and includes the number of jobs as of this past April.

Riverside was actually the top overall location in terms of construction jobs available. There were 14,600 construction jobs added in the past year in Riverside and San Bernardino. This accounts for around 16 percent of all construction jobs in the county. This means that if you are living somewhere else and looking for a construction job, you might want to consider getting to Riverside as soon as possible. Continue Reading ›

California Employment Lawyer Discuss Worker Rights After Prison

June 30, 2017 | by Nassiri Law

The United States has the largest prison population in the world. There have been various attempts over the years to change sentencing and get rid of mandatory minimums for non-violent offenses, but even that hasn’t been able to resolve this concerning trend. In fact, new attorney general has issued orders to all federal prosecutors to charge all offenses to the highest level possible and go for mandatory minimums whenever possible. This is of course good business for the companies that run many of our nations prisons, so at least for now, this numbers are expected to increase.

A recent news article from Food Tank, self-described think tank for food, lists the current incarceration rate at 66 prisoners per 10,000 U.S. citizens. This is an astounding number when you look at virtually every other nation in the world. Continue Reading ›