Orange County Employment Lawyers Blog

Asbestos Clean-Up Workers Allege Unpaid Wages, Benefits

January 28, 2017 | by Nassiri Law

Workers hired to clean up asbestos are dealing with one of the most dangerous substances in the world. Asbestos exposure is known to cause latent diseases such as lung cancer, asbestosis and mesothelioma. These conditions can be aggressive and, in the case of mesothelioma, is terminal. The substance was used in so many building and construction materials in the last century, and its removal in renovation and demolition requires specially-trained crews who must be meticulous in their safety precautions.

Now, prosecutors are alleging that a group of these workers was denied proper wages and benefits. The case is emerging from the Boston, Mass. area, where many of the older buildings are riddled with these cancerous fibers. The region is going through a construction and renovation boom, and that means asbestos removal and demolition contractors are very busy right now. But the U.S. Justice Department asserts that is no excuse for cutting corners when it comes to workers’ wages.

Asbestos abatement jobs in the state totaled nearly 26,000 last year, which was a 65 percent uptick just over what it was five years ago. This boom will continue so long as renovations and demolitions of older structures continue. Continue Reading ›

Man With Autism Sues Restaurant for Disability Discrimination

January 27, 2017 | by Nassiri Law

A man with autism has filed a disability discrimination lawsuit against a fast-food restaurant chain and its parent company, alleging he was denied a job due to his disability.

The lawsuit, filed in Illinois where the incident occurred, alleges the 25-year-old had recently completed a work-study program at a different restaurant in late 2013. The manager who oversaw his duties reported he worked capably and diligently, but the employment ended when the work-study program had finished. At that point, plaintiff hired a job coach to help him find a full-time job. The following summer, both he and his job coach went to a Chick-Fil-A restaurant and requested an application for employment. At the time, the manager was not available.

Later, the job coach went back to the restaurant and talked to the manager. It was at that time she allegedly informed the job coach that the restaurant was, “Not interested in hiring people with disabilities,” adding that those with challenges such as what plaintiff faced “do not succeed” in their company atmosphere. Continue Reading ›

Pregnancy Discrimination Results in $65K Payout

January 25, 2017 | by Nassiri Law

A business in Hawaii has agreed to settle a pregnancy discrimination lawsuit filed by one of its former employees who alleged she was terminated from the company as a result of becoming pregnant.

The company agreed to pay $65,000 in a resolution announced by the state’s Civil Rights Commission, which as part of the agreement also required the company to develop and implement a non-discrimination policy, including a policy that would provide training to managers and supervisors. The commission declined to reveal the name of the business or the complainant. However, according to the Hawaii Herald-Tribune, the company discriminated against the woman after refusing to reinstate her back to her position after she was on a pregnancy-related disability leave. The company also allegedly refused her a reasonable accommodation for her pregnancy-related disability and then ultimately fired her.

Plaintiff alleges she was also subject to derogatory comments about her pregnancy and the inconvenience it would cause the firm, and these began immediately after she disclosed her condition to her supervisor. Her manager informed her there were not enough temporary employees available to cover her pregnancy-related leave. Continue Reading ›

Employer to Pay $300k to Settle Claims From Workers Fired for Refusal to Vaccinate

January 24, 2017 | by Nassiri Law

A Pennsylvania health care provider agreed to settle with six of its former employees who alleged they were fired because they were denied a religious exemption from the company’s policy that required mandatory vaccination. The company agreed to pay $300,000, which will cover back pay and damages to the half dozen workers.

The company required workers to receive a mandatory flu vaccine, starting in 2013. The policy spelled out that workers who declined to receive the vaccine, either due to medical reasons or for religious purposes, could opt to wear a face mask instead while interacting with patients throughout the season when flu is the most prevalent.

The Equal Employment Opportunity Commission (EEOC) filed an employment lawsuit on their behalf, asserting that for the 2013-2014 flu season, the workers in question asked for a religious exemption to the policy, and yet were denied their request. Meanwhile, the facility did grant 13 vaccination exemptions that were requested by others on the basis of medical issues. Continue Reading ›

Down Syndrome Discrimination Alleged Against Chain Retailer

January 22, 2017 | by Nassiri Law

The nation’s largest chain retailer is facing a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a former employee with Down syndrome, who had worked for the company for 15 years prior.

Of course, disability discrimination isn’t limited to those who have this diagnosis, but it is one of the more visible conditions. Most people can tell right away when someone has the condition, and it’s often used as a basis to deny employment or refuse advancement opportunities – even in cases where the individual is qualified for the essential functions of the job. In fact, employment discrimination of people with Down syndrome was common until fairly recently. Much of these discriminatory actions are based on misinformation and prejudice.

Down syndrome is a genetic chromosome 21 disorder that causes a wide range of developmental delays and disabilities. Those who have Down syndrome share a distinct facial appearance, and generally all have some level of intellectual disability and developmental delays. They may also suffer from thyroid or heart disease. But again, it is a range. Although some with Down syndrome suffer profound disabilities, others are more than capable to work and live independently. Companies that discriminate against these workers solely on the basis of their condition can face legal consequences, including a court order to pay both compensatory and punitive damages. Continue Reading ›

California Garment Industry Wage Theft Rampant, Say Officials

January 21, 2017 | by Nassiri Law

When we see a product that says, “Made in the USA,” we assume that means the workers who brought that product into being were treated and paid fairly. But unfortunately, as a recent study by the U.S. Department of Labor reveals, that is not necessarily true – especially if the product we’re talking about is clothing made in L.A.

The report notes that there are more than 40,000 people – mostly immigrant women – who work in clothing factors to the east and south of downtown Los Angeles. The U.S. Labor Department’s report indicates that many of those workers are paid far less than what they are legally entitled to receive. The government agency says long hours by workers typically don’t amount to overtime, as required by federal law for any worker who toils more than 40 hours weekly. Additionally, some worker are paid by the piece, which means they sometimes earn far less than even minimum wage. In some cases, factors, including TJ Maxx, Forever 21 and Ross, are paying worker as little as $3 an hour for their work.

The report indicated that 85 percent of the garment industry companies studied were in violation of federal record keeping and minimum wage laws. There were more than 660 investigations that involved some 5,160 workers over the course of three years. That amounted to an estimated $8.1 million in stolen wages. Continue Reading ›

Sexual Harassment by Customer Results in $250k Damage Award to Costco Worker

January 19, 2017 | by Nassiri Law

There is a saying that is particularly pervasive in retail that, “The customer is always right.” But this is not true when the customer behaves in a manner that is threatening or hostile to store employees. This includes instances of sexual harassment.

Sexual harassment is a serious and pervasive problem in American workplaces. It also is not limited to interactions with co-worker or supervisors. Sexual harassment can occur in the context of other professional relationships, including those between customers and suppliers.

Further, sexual harassment in those situations does not need to consist of any outright demand for sex or sexual favors in exchange for business. It can take on a wide range of inappropriate behaviors or unwanted advances, including dirty jokes, repeated sexual innuendo or the use of offensive language. Although business owners may not be protected under sexual harassment laws, they do have the option to end the contract. Employees, however, are considered more vulnerable and they may be covered under sexual harassment laws. Continue Reading ›

Trump’s Labor Dept. Pick Previously Broke Wage-and-Hour Laws

January 18, 2017 | by Nassiri Law

Donald Trump will be officially sworn into office in just two days. On that very same day, Senate committees will either vote to approve his top cabinet nominees or vote to advance the appointment to the full Senate. Other nominees may be considered in the following days. One of those will be fast-food executive Andrew Puzder, who has been a vocal critic of increases in minimum wage and an opponent of rules that would make more workers eligible to receive overtime pay. Trump has nominated him to serve as Secretary of the Labor Department.

Puzder is the CEO of CKE restaurants, which is the parent company that oversees burger chains Carl’s Jr. and Hardee’s. He is a staunch supporter of lowering corporate taxes and taxes on the wealthy, as well as loosening regulations for businesses in the hopes of job creation. He also strongly opposes the Affordable Care Act.

Now for some, these all sound like good ideas. For others, the fear is they will collectively be disastrous for the average American worker. But no matter where you stand on the political aisle, it should be of some concern that Puzder, who will be in charge of enforcing the Department of Labor’s rules, was a violator of those rules not so very long ago. Continue Reading ›

California Employment Lawsuit: White Men Paid More for Same Work at Tech Firm

January 16, 2017 | by Nassiri Law

A California technology company is facing down claims of racial discrimination against employees, who are the subject of a lawsuit alleging white men were given preference over minorities with similar qualifications.

USA Today reports the U.S. Department of Labor is suing Oracle America, a technology systems company that is accused of paying its white, male workers more than others and discriminating against non-white applicants in the course of its hiring and recruiting efforts. The DOL asserted the company is barred from engaging in discriminatory practices, especially because it receives hundreds of millions of dollars as a contractor for the federal government.

The company vehemently denies the allegations, arguing they are wholly without merit and motivated by politics. The firm is responsible for manufacturing much of the hardware and software utilized by federal government agencies. Continue Reading ›

Report: Sexual Harassment, Rarely Reported, Knows No Occupational Bounds

January 15, 2017 | by Nassiri Law

In mid-2016, the U.S. Equal Employment Opportunity Commission’s sexual harassment task force released a report revealing some troubling findings:

One-third of complaints to EEOC during fiscal year 2015 included an allegation of workplace harassment, including on the basis of sex.
The EEOC recovered nearly $165 million that year from companies where workplace harassment persisted.
Much of the current training methods are ineffective at prevention, as they focus mostly on sidestepping legal liability for workplace harassment.

Sexual harassment in particular is a serious concern – and a pervasive one. Continue Reading ›