Orange County Employment Lawyers Blog

Employers Must Update Safety and Compliance to Avoid Surging OSHA Penalties

December 2, 2015 | by Nassiri Law

One of the most important duties an employer has to workers is to make sure an environment is kept safe so the risk of workplace injuries is reduced. Occupational Safety and Health Act (OSHA) sets minimum standards for workplace safety, and has a general duty clause to cover situations where there is no specific rule but where an employer still has an obligation to protect against hazards. Employers who do not follow OSHA rules can be cited and fined by the Occupational Safety and Health Administration (OSHA). However, OSHA penalties have generally been too low and have not served as an effective deterrent to protect workers.

OSHA penalties are going to go up in 2016, and employers must be aware of the rise and ensure they are taking all affirmative steps necessary to get into compliance with workplace safety rules. Employers should always be following regulations designed to protect staff members, but will now have new incentive to do so as a result of the risk of much higher costs of violations.

Systemic Age Discrimination Can Lead to Lawsuits Against Employers

November 29, 2015 | by Nassiri Law

In Hollywood, lawsuits related to age discrimination are very common. Directors, stuntmen, writers, and others who work behind-the-scenes may find themselves pushed out of their professions by employers who want to hire younger and cheaper workers. In Hollywood, however, like in all other industries, age discrimination is not legal.

While the movie and TV business is a relatively small industry, cases brought within this field tend to generate publicity and draw attention to the problem of age discrimination. One recent case reported on by Hollywood Reporter, for example, is a clear illustration of the types of alleged discriminatory behaviors which can prompt employees to file civil lawsuits against their employers. In this case, systemic discrimination was alleged.

Supreme Court Considering Cases Affecting Employment Discrimination Claims

November 23, 2015 | by Nassiri Law

The U.S. Supreme Court heard oral arguments recently related to time limits for filing a lawsuit based on constructive discharge. Courts nationwide have split on the issue of when the clock starts running on the time limit for federal employees to make a claim, and the Supreme Court will now rule and provide a definitive answer so employees will have a better understanding of their rights.

California Piece-Rate Workers Get New Payment Protections Starting 2016

November 20, 2015 | by Nassiri Law

money dollars Employees in California who receive piece-rate compensation will see a substantial change to the law regarding payments beginning January of 2016. Assembly Bill 1513 was signed into law in October of 2015, according to National Law Review. It created Labor Code Section 226.2, which imposes a new requirement related to compensation for piece-rate workers for their nonproductive periods. Employees must be aware of changes to wage and hour regulations to ensure they are receiving the money they are entitled to under labor laws.

UPS Pregnancy Discrimination Case Settles, Ending 9 Year Dispute

November 14, 2015 | by Nassiri Law

A UPS driver filed a lawsuit against United Parcel Service nine years ago, claiming she had been unfairly discriminated against. The case ended up reaching all the way to the Supreme Court before it was finally resolved through a settlement.

A Los Angeles discrimination lawyer knows the Equal Opportunity Employment Commission has now issued new enforcement guidelines clarifying protections for pregnant workers. Even with this new clarity, employers may continue to violate the law and treat workers who are pregnant unfairly. Employees need to know what their rights are and should pursue legal action in cases where employers violate laws protecting pregnant women.

Pregnancy Discrimination Case Finally Settles

Former Columnist’s Case Against the LA Times Continues

November 11, 2015 | by Nassiri Law

A former columnist for the Los Angeles Times has been pursuing a claim against the paper, seeking $10 million in damages since his termination in 2013. OC Register reported the columnist claims the paper fired him because of his medical leave, his age, and his disability. A Los Angeles age discrimination lawyer knows any one of those potential reasons for termination would be wrongful, as the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act could all apply to protect the columnist.

Case Against LA Times is Ongoing

The former columnist, T.J. Simers, is 62 and is now retired since he was terminated from the LA Times. He indicates he sustained a mini-stroke caused by complex migraine system prior to his termination. He had worked for the paper for more than two decades, prior to his medical issues. When he suffered the mini-stroke, he took several days off to recover prior to resuming his column writing. He believes this was a contributing reason for his termination.

CA Governor Vetoes Ban on Employment Arbitration Agreements

November 8, 2015 | by Nassiri Law

Businesses throughout California were up-in-arms about legislation that would have effectively prohibited employers from requiring signed arbitration agreements as an employment condition. Assembly Bill 465 was passed by the California legislature, despite complaints from employer groups that the bill could be a job killer. Governor Brown, however, vetoed AB 465 and issued a strong veto statement, citing prior California supreme Court decisions related to employee arbitration agreements.

A Southern California employment law attorney knows, many clients would prefer to have their day in court when a dispute arises related to their working conditions or the way they were treated on the job. AB 465 was intended to make sure employers couldn’t require workers to give up their right to a trial when a problem arises. Since it did not pass, the status quo remains and employers may continue to make signing an arbitration agreement a condition of employment as long as the agreement meets existing requirements.

Ban on Employment Arbitration Agreements is Vetoed

New DOL Wage-and-Hour Rules Goes Into Effect for California Home Care Workers

November 5, 2015 | by Nassiri Law

In Home Care Association of America, et al v. Weil, the D.C. Circuit Court of Appeals ruled the Department of Labor had authority to enforce new regulations established in 2013 and going into effect in 2015. The regulations related to the inapplicability of some statutory exemptions from traditional minimum wage and overtime rules applicable to employers. Under the new DOL rules, third-party employees working for home care agencies will now be covered by federal minimum wage and overtime rules. An experienced Los Angeles wage and hour lawyer knows this change could make a significant impact on compensation received by employees.

In response to the D.C. Court of Appeals ruling, several home care agencies sought a stay of the ruling, which was going to impose new obligations starting October 13, 2015. The stay was not granted, and employers must now ensure they are in full compliance with the rules, as Open Minds indicates the Department of Labor will begin enforcing new rules starting November 13. Home healthcare workers who are not paid overtime and who are not paid according to new DOL rules may have a case against their employers to obtain compensation for back payments and penalties.

New DOL Wage and Hour Rules in Effect

Truck Drivers Win Lawsuits for Failure to Accommodate Religion

November 4, 2015 | by Nassiri Law

In 2009, two Muslim truck drivers were fired from their jobs after they refused to make liquor deliveries. The truck drivers claimed their termination was a violation of their rights under Title VII of the Civil Rights Act of 1964. Title VII requires employers to make reasonable accommodations for the religious beliefs of their employees, unless making such accommodations would impose an undue hardship on the company.

Los Angeles religious discrimination attorneys know workers have the right to continue working even in circumstances where religious beliefs conflict with some job responsibilities. The courts agreed the trucking company could have made accommodations for the Muslim truck drivers in this case. A U.S. District Court Judge ruled in favor of the two truckers when the trucking company admitted liability, and a jury was convened to determine an appropriate damage award. The jury deliberated for just 45 minutes before awarding $240,000 in damages and back pay to the truckers.

Muslim Truck Drivers Awarded Back Pay and Damages

Human Resource Professionals May Not Maintain Confidentiality

November 2, 2015 | by Nassiri Law

Workers may need to discuss many important issues with the human resources department at their workplace. These issues may range from concerns about employee benefits to the potential to take leave under the Family and Medical Leave Act to reports of harassment or questions about what will happen after retirement. Many workers believe the information they provide to human resources will be kept confidential- but this is not always the case.

Employees should not always expect confidentiality from those who they make reports to in human resources. HR may disclose certain information to managers and other staff. However, at the same time, there are some privacy obligations which must be respected under rules like Health Insurance Portability and Accountability Act. Employees who are concerned their privacy has been violated by HR professionals in their worksite should consult with a Los Angeles employment lawyer to understand whether there are any legal implications of the privacy violation.

Confidentiality Requirements and HR