Orange County Employment Lawyers Blog

Top 5 Areas the EEOC is Pursuing Litigation to Protect Workers

January 15, 2016 | by Nassiri Law

Companies need to be aware of areas where the Equal Employment Opportunity Commission is cracking down. As Business.com explains, the EEOC is “notorious” for initiating court action against employers, sometimes over more minor infractions.

Employers should be aware of specific areas where EEOC is focusing its attention, and tracking litigation trends from the agency can help companies to keep abreast of the EEOC’s focus. Employees should also be aware of the steps EEOC is taking to provide them with important protections from a wide variety of discriminatory actions on the part of companies.

Wage and Hour Claims Keep Rising

January 13, 2016 | by Nassiri Law

Washington Post reported there has been a significant increase in wage-and-hour lawsuits in recent years. Wage and hour lawsuits arise under the Fair Labor Standards Act and employees bring these lawsuits when they are paid less than the law requires; when they are not paid overtime properly; when they are incorrectly classified as contractors instead of employers; when they are victims of wage theft; or when other employee-protection laws are violated.

There are many reasons why more wage-and-hour claims are being filed. Employees and employers both need to be aware of the added potential for litigation of these types of claims. Employers must ensure they are complying with all laws related to paying workers so they don’t find their company the defendant in litigation. Workers also need to know what their rights are and how to seek legal remedies when those rights are violated.

California Considering New Regulations to Prevent Workplace Violence Among Healthcare Workers

January 11, 2016 | by Nassiri Law

Healthcare workers, including nurses and home health aids, are one of the groups most at risk of getting hurt in the workplace as a result of violence. Workers within the healthcare profession typically face three times the risk of workplace injuries due to violence compared with the overall rate of such injuries in the private sector.

In light of concerns about their safety, nurses have been lobbying in California for a law which would provider better protections. Sacramento Bee reports that California is moving forward towards becoming the state with the most comprehensive protections for California healthcare workers in the United States.

Class Action Status Granted in Pay Disparity Case

January 9, 2016 | by Nassiri Law

A lawsuit was filed by a female employee against the insurance company Farmers, according to LA Times. The plaintiff in the lawsuit claimed she was paid less than men who had similar positions at the company, despite the fact those men had decades less experience than she did. After she filed the lawsuit, three additional women opted into the suit over the course of the late summer. Additional women also began to file claims, bringing the total number of women suing the insurance company to 12.

It is very common for employment discrimination cases to involve not just one plaintiff, but many. If a company discriminates against one woman by offering her lower pay than her male counterparts, the company likely engages in this discriminatory practice across the board and ends up paying many women less than they should receive if the discrimination was not occurring. Because discrimination is usually pervasive and affects many workers, it is very common for lawsuits of this type to involve multiple plaintiffs all coming forward with similar claims.

Protection Against Sexual Orientation Discrimination Extended in California

January 7, 2016 | by Nassiri Law

California laws provide protection from employment discrimination on the basis of sexual orientation. Sexual orientation is defined to include homosexuality, heterosexuality, and bisexuality. California law also prohibits discrimination on the basis of both gender and gender expression, which includes gender-related behaviors regardless of whether the behaviors are associate with the gender that someone has been assigned at birth.

While California laws prohibit employers from discrimination on the basis of sexual orientation, the federal government has not yet passed a law explicitly barring discrimination against people on the basis of homosexuality or sexual identity. Courts and administrative agencies, however, have continually expanded the protections available under federal law with the goal of ensuring that no one is deprived of opportunities on the basis of their LTBTQ status.

EEOC Warns of Discrimination Against Muslims

January 5, 2016 | by Nassiri Law

Recent tragedies in Paris and San Bernardino have given rise to concerns about a backlash against those who are perceived to be Muslim or about those who are perceived to be Middle Eastern. The Equal Opportunity Employment Commission has spoken out and released a statement remind employers and employees to be especially aware of potential illegal discriminatory behavior against vulnerable communities.

Employers must be aware of their obligations, not only to avoid discriminating in hiring, firing, promotions, and other terms and conditions of employment but also to make sure that workplaces do not become hostile environments for people who are perceived as Muslims. EEOC’s statement urges employees who have experienced discrimination to report the behavior both to the appropriate officials within their workplaces as well as to report the discriminatory behavior to the Equal Opportunity Employment Commission.

McDonalds Sued for Disability Discrimination by EEOC

January 3, 2016 | by Nassiri Law

McDonalds has been subject to lawsuits for a variety of different violations of employment law. One of the latest cases claims McDonald’s has engaged in disability discrimination. National Law Review reported on the case against McDonalds, which has been filed by the Equal Opportunity Employment Commission.

How to Make a Successful Hostile Work Environment Complaint

January 1, 2016 | by Nassiri Law

Anti-discrimination laws protect employees from discrimination due to their protected class. Obviously, this means an employee can take legal action if he is fired or not promoted because of race or religion, or if a supervisor engages in quid pro quo sexual harassment and tries to trade workplace benefits for sexual acts. These types of discrimination and wrongful behavior can clearly give rise to a legal claim.

There are other types of discrimination, however, which may be more subtle and more difficult to prove but which can be just as damaging– or even more damaging– than discrimination on the part of managers. For example, when a hostile work environment is created on the basis of an employee’s protected status, this can make going to work every day into a stressful and unpleasant experience.

Combating Age Discrimination in the Workplace

December 30, 2015 | by Nassiri Law

The Age Discrimination in Employment Act forbids employers from discriminating against workers who are 40 or older. While this law should ensure that older workers have equal opportunity with younger employers, unfortunately it can be a “difficult law to enforce,” according to U.S. News and World Report.

Many employees who are older report feeling as though they are passed over for job opportunities or promotions, and indicate that they believe employers are prejudiced against older workers. This has become an especially significant problem as technologies have advanced and as workers no longer stay with companies over the course of their whole careers but instead move around to different positions.

Push for $15 Minimum Wage Expected to Spread in 2015

December 26, 2015 | by Nassiri Law

Minimum wage laws have long provided important protections to workers by ensuring that every employee receives a fair amount of pay for a day’s work. Unfortunately, because minimum wage is not tied to inflation and because there are often political disagreements surrounding the raising of the minimum wage, the minimum wage metrics have not kept up with increases in productivity. Today, many people who make minimum wage struggle to earn enough to pay for basic necessities of life. This is true not just in places where the federal minimum wage applies, but also in places like California where there are higher wages but also significantly higher costs of living.

As people on minimum wage struggle to make enough money to support themselves and their families, there has been a growing national movement to raise the minimum wage to $15 per hour. There have been regional successes in this effort and USA Today reports that the $15 minimum wage could spread in 2016.

$15 Minimum Wage Could Spread to More Locations in 2016