Orange County Employment Lawyers Blog

Muslim Employees Allege Religious Discrimination in Prayer Break Dispute

June 15, 2016 | by Nassiri Law

Dozens of Somali Muslim employees at an equipment manufacturing company in Wisconsin have filed a religious discrimination complaint against their employer, alleging the company stopped allowing prayer breaks at times that are in accordance with their faith. They are accusing the company of discrimination and retaliation on the basis of their faith, national origin and race.

Prior to January of this year, workers were permitted to take breaks for praying so long as they notified their boss, got the Ok and went one-at-a-time. They were able to do so at the times prescribed by religious text. But then, the company introduced a new policy that allows them only two breaks per shift at times that were pre-determined and did not necessarily line up with the times allotted by the Koran. There was also to be no additional accommodations for prayer other than those times.

The workers say they want to keep working at the company, but feel the company no longer wants them there and are taking drastic measures to force them out. Continue Reading ›

Disability Discrimination Lawsuit Settled by Lowe’s for $8.6M

June 12, 2016 | by Nassiri Law

National home improvement chain Lowe’s has agreed to pay nearly $9 million to settle a claim of disability discrimination alleged by regional attorneys at the EEOC’s Los Angles District Office.

The North Carolina-based chain, which owns some 1,840 stores across the country, reportedly acted unlawfully by firing workers who had been on medical leave.

According to the Equal Employment Opportunity Commission‘s news release, the company violated the Americans With Disability Act (ADA) by terminating workers who had been on lengthy medical leave. Those who were fired had absences that exceeded the company’s internal 180- or 240-day maximum allowable leave policy. Continue Reading ›

Green v. Brennan – U.S. Supreme Court Slams Racial Discrimination at Work

June 9, 2016 | by Nassiri Law

The U.S. Supreme Court recently handed down an important decision that will almost certainly aid victims of workplace discrimination in their efforts to attain restitution.

In Green v. Brennan, what was alleged was a case of severe and long-running racial discrimination against a black mail carrier for the U.S. Postal Service.

Plaintiff was a 35-year- veteran of the Postal Service when the trouble first started. A job for postmaster opened in Colorado. Plaintiff applied, but his bosses passed him over – for someone far less qualified. It was later revealed the person who landed the job hadn’t even turned in an application.

Famous Los Angeles Bakery Required to Pay $15.3 Million for Labor Violations

June 6, 2016 | by Nassiri Law

According to a recent news article from the Los Angeles Times, the owners of a French Bakery operating in Beverly Hills and out of a location in Torrance that is now closed, was just ordered to pay more than $15 million to employees that it allegedly exploited. These employees (11 in total) are all from the Philippines and were in the United States on work visas.

These workers filed a civil lawsuit in federal district court in California in which they alleged that they were trafficked to the United States and forced to work as both domestic servants for the bakery owners and also at the two bakery locations where they were paid off the books. Continue Reading ›

California Restaurants to End No Tipping Policy

June 3, 2016 | by Nassiri Law

About a year ago, the owners of several high-end restaurants in California and New York decided that they would institute a strict “no tipping” policy for all restaurant employees and instead pay the servers and other workers a higher hourly wage.

This no tipping model was created as a way to help workers earning what is often referred to as a living wage. The model was based on the typical plan in which restaurant workers get paid. Employees earn a very low minimum wage (typically less than $3 per hour) and then earn tips on top of that hourly wage. If the server does not earn enough in tips to equal the standard minimum wage for workers who do not earn tips as a substantial part of their wages, then the employer pays the difference. Continue Reading ›

Domestic Workers Fear End of Employee Bill of Rights

May 31, 2016 | by Nassiri Law

In the State of California, being a domestic worker or home healthcare worker is not an easy job. These employees have not traditionally been fairly compensated, and there are a variety or reasons for this. One of the reasons is that many domestic workers are women, and, as we all know, there is a long history of women women not being paid the same amount as their male counterparts for doing the exact same work.

Another of the problems faced by domestic workers is that they are not protected by the federal Fair Labor Standards Act (FLSA), which requires employers to pay their workers time and a half after they have worked eight hours in a day or 40 hours in a workweek. One of the ways to help these domestic workers get around the exemptions in the FSLA is that the legislature in California passed what is known as the Domestic Workers Bill of Rights (AB 241) according to Women’s News. Continue Reading ›

Wendy’s Reducing Workforce by Using Electronic Kiosks

May 29, 2016 | by Nassiri Law

In some gas station markets, you can go to the counter where fresh sandwiches and other food is prepared and use a computer screen to place your order. You can decide what you want on it, what you want with it, and pay for your order at the kiosk. You are then given a printed ticket to show to the workers making your order at the food counter.

According to Wendy’s, the well known fast food chain , responded to recent decisions by lawmakers in California and New York to raise their respective minimum wages for workers to $15 per hour is causing the restaurant chain to replace actual employees with electronic kiosks that allow customers to place and pay for their orders. Continue Reading ›

United Auto Workers Union Sets Sights on Tesla Motors California Factory Workers

May 27, 2016 | by Nassiri Law

When we think of an electric car, several economy models like the Chevrolet Volt, the Nissan Leaf, or Toyota Prius might come to mind. However, for those looking for a higher end luxury or sport model electric car, a Tesla might be a better option. Two of these new model Teslas are the Model S and Model X, and they are being made in a factory in California according to a recent news article from ET Auto.

Unlike workers at the Detroit big three automakers and the foreign car companies with manufacturing plants in the United States, Tesla employees are not working in a union shop as of this time. The United Auto Workers (UAW) union hopes to change that by enrolling enough employees at the electric car factory to have the plant declared a union shop. Continue Reading ›

SuperShuttle Files Lawsuit in California Over Worker Classification

May 24, 2016 | by Nassiri Law

According to a recent news feature from the Los Angeles Times, SuperShuttle has filed a lawsuit in California to get all of its many drivers classified as independent contractors. There are a variety of reasons for this, but it is primarily because company leaders do not want to have to carry liability insurance for their drivers and do not want to be responsible for any negligence committed by any other drivers. Company administrators to avoid paying workers’ compensation or having to spend money on workers’ compensation insurance.

When we hear the term ridesharing, we often think of Uber or Lyft. These companies allow a rider to go on his or her smartphone and request a ride. The driver will show up in a car that is self-owned and does not have any logos or paint scheme related to the ride sharing company. Originally, Lyft drivers would have a large pink mustache affixed to the front of their car, but the company seems to be getting away from that. Continue Reading ›

Car Wash Workers in LA Standing Up to Employers

May 21, 2016 | by Nassiri Law

There are many full service car washes in Los Angeles and Orange County, California. For many years, these workers would put in a full day of hard work at leave with less than $50 paid in cash. There was no fixed schedule, according to a recent news article from Truthout. Workers would often wait around for hours until cars arrived and then were told to begin work. They were not being paid anything for those hours they were forced to stand around. If they failed to wait there, they would not get any work that day.

Car wash employees said there was no accountability and nothing that could be done to make their respective employers follow the labor code in California. If they complained, they would simply be fired – an illegal and retaliatory action – and would be replaced with someone else. One of the reasons they were able to do this was because they largely hired Hispanic workers who may not speak English and are often reluctant to go to the authorities for fear of retaliation from the employer and loss of wages in general. Continue Reading ›