Orange County Employment Lawyers Blog

Ageism is an Issue for Southern California Workers

October 30, 2015 | by Nassiri Law

In 2014, 20,588 complaints were made to the U.S. Equal Employment Opportunity Commission alleging age discrimination in the workplace. This was a significant increase in the number of complaints compared with the 17,837 complaints raised by workers a decade ago. Experienced Los Angeles age discrimination lawyers know ageism is a growing problem in the workplace as baby boomers age. In fact, a recent Reuters article indicates the problem of age discrimination is likely to get worse before it gets better.

Age Discrimination in the Workplace is a Concern for Older Workers

People are living longer and the population is aging, which is creating a perfect storm when it comes to the problem of age discrimination. Many people in the older generation do not have the money to retire and live off their nest egg for decades. As a result, people are trying to work longer.

Should Intoxicated USC Coach Get FMLA Leave Instead of Getting Fired?

October 28, 2015 | by Nassiri Law

Recently, the football coach for University of Southern California allegedly showed up to a team meeting while he was under the influence of alcohol. ESPN reported this was not the first time the second-year coach was suspected to be impaired at work. He reportedly was intoxicated at a Salute to Troy function in August, which he apologized for after his behavior made national headlines. He was also suspected to be under the influence at a game against Arizona State in September.

The coach was not permitted to attend the practice after the meeting in which he showed up appearing intoxicated. He announced an indefinite leave of absence, but he was subsequently fired one day after announcing his leave. USC said his employment was terminated after considering the team’s best interests.

While employers can, and likely should, terminate workers who come impaired to the workplace, employers must also tread carefully in these situations because there are rules in place to protect people undergoing treatment. A Southern California FMLA attorney knows employers must ensure they are in full compliance with employee protection laws when terminating workers with substance abuse problems.

California Employers and Rules for Employee Background Checks

October 26, 2015 | by Nassiri Law

Employers in California may conduct background checks before hiring and when making employment decisions. However, California law protects consumer privacy and restricts the information that can be provided to employers about potential job candidates. There are two primary state laws regulating the information an employer can obtain on an employee: The Consumer Credit Reporting Agencies Act (CCRAA) and the Investigative Consumer Reporting Agencies Act (ICRAA). Because these state laws have differing requirements, employers must be careful to ensure they are in full compliance with the relevant laws and not infringing upon the privacy of their workers when conducting background investigations.

When employers violate consumer privacy rules or make hiring decisions by taking inappropriate private information into account, there can be consequences for the employer. A Los Angeles employment law attorney can provide employees with insight on when hiring, firing, and other job-related decisions can give rise to litigation due to an employer’s inappropriate actions.

California Background Check Requirements for Employers

NLRB Decision on Facebook Behavior as Protected Concerted Activity Upheld

October 24, 2015 | by Nassiri Law

Facebook has created myriad problems for employer/employee relationships and a Los Angeles wrongful termination attorney knows that numerous cases have addressed whether employees can be fired for Facebook conduct.

One recent case was decided by the National Labor Relations Board in the employee’s favor, but the decision was appealed. Now, the United States Court of Appeals for the Second Circuit has upheld the NLRB’s ruling. This decisions demonstrates that many different behaviors on social media can fall under the purview of protected concerted activity.

Facebook Behavior Considered Protected Concerted Activity

New Employee Retirement Plan Contributions Announced for 2016

October 21, 2015 | by Nassiri Law

The Internal Revenue Service has announced the new employee retirement plan contribution limits for 2016. The announcement came on October 21, 2015, and employees need to be aware of the new rules applicable to 401(K)s, 403(b), 457 plans, Thrift Savings Plans, IRA limits, SEP IRA limits, and other tax-deferred retirement accounts.

Los Angeles employment law attorneys know that many companies no longer offer defined pension benefits to workers. Individual retirement accounts may be the only option employees have for planning ahead for the future. When employers do offer pensions, however, employers need to abide by rules and regulations set by the Employee Retirement Income Security Act (ERISA). These rules relate to everything from when pensions must vest to reserves employers must set aside to ensure they can fulfill their promises to workers.

New Employee Retirement Plan Contribution Limits

Amazon Drivers Join the List of California Litigants in Misclassification Cases

October 18, 2015 | by Nassiri Law

Southern California employment law attorneys know there have been a series of lawsuits arising from the misclassification of workers as contractors instead of as employees. Now, Engadget indicates that drivers who work for Amazon.com have joined the list of workers who believe they were incorrectly classified as independent contractors, thus receiving none of the workplace protections and employee benefits that they deserve.

Four drivers who worked for Prime Now have filed the initial claims against Amazon, and more may pursue claims as the drivers seek class action status following a September ruling by a judge allowing three Uber drivers to file class action litigation.

Were Amazon Drivers Misclassified?

Employee Questions about Using Medical Marijuana at Work

October 14, 2015 | by Nassiri Law

The San Francisco Examiner recently invited readers to submit questions about concerns they may have involving their employment situations. One of the questions being asked more often and was submitted to the news outlet was what happens if a worker takes medical marijuana for anxiety and is also looking for a job. The person who submitted the question stated she does not drive a bus and does not engage in any hazardous activities or operate heavy machinery. The worker is also concerned because the employer has stated it does random drug tests. Continue Reading ›

New California Laws Affect Younger Workers

October 12, 2015 | by Nassiri Law

While California has a very broad economy, it is still very much an agricultural state that employs a lot of farm workers. According to a recent news article from the Lompoc Record, a new law designed to increase pesticide restrictions may actually have a major effect on employability of young farm workers.

Many farm workers are under the age of 18, as they have been for hundreds of years. While the working age in California is normally 18, there are exceptions for agricultural workers. While the law does not prohibit farms from hiring people under the age of 18 to work in the fields with adults, the law does say that underage workers are not allowed to perform early-entry work anymore. On a farm, early-entry work means going into the fields immediately after pesticides have been sprayed. The workers are required to wear protective gear, but, until this new federal law went into effect, both underage and adult workers could do early-entry work. Following the new law, underage workers are prohibited from performing early-entry work. Continue Reading ›

State of Federal Law on LGBT Employment Discrimination

October 10, 2015 | by Nassiri Law

There has been a lot of progress in the last few years in reaching equality for members of the LGBT community. There was the overturning of the Don’t ask Don’t Tell military regulations, the National Defense of Marriage Act (DOMA), and now the Supreme Court has decided that no state can refuse to issue marriage licenses to same-sex couples. As we have all seen with the situation involving Kim Davis, federal judges would not allow a clerk of court to continue to refuse to issue marriage licenses to same-sex couples based upon religious reasons.

However, one area where there still is yet to be equality involves LGBT employees in the workplace. There is still no federal law against discriminating against LGBT community members in terms of employment. Continue Reading ›

LA Judge Dismisses Lawsuit Against Teacher’s Union

October 8, 2015 | by Nassiri Law

Unions have been around for a long time, and they have done a lot of good for workers across the country. There was a time when workers had no rights and no benefits, and factory owners would actually have security guards physically harm any workers protesting or participating in a strike. There were even famous cases where security company employees hired by wealthy employers fired upon striking workers.

However, over the years, there have been some incidents involving corruption in unions, and this has helped those who are against unions make a case to workers that unions are no longer necessary. That being said, in many cases, unions are still a very strong tool disgruntled workers can use to fight for better treatment and fair pay. Continue Reading ›