California employment attorney

Employee Misclassification Cases Hitting Gig Economy Where it Hurts

December 31, 2017 | by Nassiri Law

“Gig” employment, also known as the, “sharing economy,” has exploded across the country, with increasingly more services following in the footsteps of the likes of Uber and Grubhub. These businesses often use apps to connect workers with customers for one-time services. These companies amass an eager base of workers who sign up for shifts as able, delivering groceries, transporting passengers, and more.

Many workers view gig employment as a flexible and easy way to earn extra money, while employers view it as a cheap way to staff a robust labor pool.

However this dynamic has led to a growing number of employee misclassification lawsuits as the debate comes to a boil as to whether these workers are independent contactors or employees (with all the rights that employees receive). Continue Reading ›

Tesla Fires Hundreds of Employees in California for Alleged Subpar Work

November 9, 2017 | by Nassiri Law

Nobody enjoys being fired. Although California is not a right-to-work state, employers still have much freedom when it comes to termination of workers. Supporters of right to work laws opine they protect prospective employees who want a job but do not belong to a union. Although there was certainly a time when it was difficult to get into in a union, that’s generally no longer the case and membership is encouraged. The truth of the matter is these laws were designed to allow employers the freedom to fire workers for any reason they want and also to avoid having to deal with unions.

The reason many employers disfavor unions is because workers have strength in numbers. When they join a union, workers are invested with greater power to negotiate collective bargaining agreements that cause employers to give workers more protection than the base requirements afforded by the law.

Workers who seek to unionize may find themselves facing termination. You can discuss your rights with an experienced Los Angeles employment attorney.

New California Laws Protect Criminal Record and Salary History

October 21, 2017 | by Nassiri Law

It is hard enough to get a job these days even with a perfect record. Applicants with a criminal conviction on their record may find it nearly impossible. Fortunately, pursuant to a new state law, most California employers in California will not be able to make any inquiries into an applicant’s criminal history. There is a also a new California employment law that will prohibit employers from asking about an applicant’s past salary history.

As reported in a recent news article from The National Law Review, there are three new laws in California that once in effect, will require most employers in the state to modify their hiring practices. One of these is Assembly Bill 1008 (AB 1008), which prohibits employers from making inquiries into applicants criminal histories by the human resources department and any employment recruiters prior to an offer of employment. Continue Reading ›

California Law Protects Employees’ Rights to Take Time Off in Special Circumstances

October 7, 2017 | by Nassiri Law

California has long been a pioneer of worker’s rights, and state law protects workers from many types of discrimination beyond those prohibited by federal law (such as religion and gender). The California Labor Code also lists many situations in which an employee is entitled to take time off work without being terminated or retaliated against. Many employees may not know that victims of domestic violence and sexual assault have employment rights under California. Now, a new law expands the duty of employers to advise employees of these rights. Continue Reading ›

California Supreme Court Allows Employers Greater Flexibility in Adhering to “Day of Rest” Statute

July 24, 2017 | by Nassiri Law

A recent ruling by the California Supreme Court on May 8, 2017, makes it easier for employers to comply with the state’s “day of rest” statute. The enhanced flexibility can benefit both employers working to accommodate their business needs, and employees who desire more flexibility to accommodate their personal activities with their work schedule and responsibilities.

The California “day or rest” statute prohibits employers from causing employees to work more than six in seven days. The San Francisco Business Times reports that, in Mendoza v. Nordstrom, the Court clarified that the day of rest is guaranteed for each work week, rather than any given period of seven days. Previously, it was unclear which measure had to be used for purposes of calculating the day off. Some employers would go to great lengths to accommodate every seven-day period on a rolling basis. Now, they need only to set a defined work week, and ensure that employees have one day off within that week.

The ruling also gave employers the option of scheduling employees for more than seven days in a row if they are given time off equivalent to one day per work week. This, too, allows greater flexibility in scheduling. It also appears to signal the Court’s awareness of the realities of the contemporary American workforce. Continue Reading ›

How Airbnb Host Violations Affect Employers Through the Department of Fair Employment and Housing

July 21, 2017 | by Nassiri Law

Employers might be surprised to learn that the actions of an Airbnb host can affect policy and obligations created by the California Department of Fair Employment and Housing. Nonetheless, that is the outcome of a particularly heated racial case arising out of Big Bear.

The Star reports that, in February 2017, Asian UCLA law student Dyne Suh had rented a cabin in Big Bear. The cabin had been rented from Tami Barker through Airbnb. After driving for hours through rain and snow, Suh received a text message canceling the reservation when she was only minutes away from the cabin. Barker wrote:

“I wouldn’t rent to u if u were the last person on earth”
“One word says it all. Asian.”
“This is why we have Trump”
“I will not allow this country to be told what to do by foreigners.”

Suh, an American citizen and law clerk at the Riverdale County Public Defender’s Office, reported the case to the Department of Fair Employment and Housing. The Department ordered Barker to pay a $5000 fine, issue a personal apology to Suh, take a college level course on Asian American studies, complete community service at a civil rights organization, and report rental data to the Agency for the next four years. Airbnb also permanently banned Barker from their site. Continue Reading ›

Carl’s Jr. Fined $1.45 Million by City of LA for Wage Hour Violations

July 15, 2017 | by Nassiri Law

According to a recent news article from CNN, the City of Los Angeles has issued a demand for $1.45 million from fast food chain Carl’s Jr. This money is to pay fines and make restitution for employees that were underpaid. The city found that the company did not pay employees minimum wage pursuant to local law for over a six-month period.

At the time of these findings, the minimum wage in the City of Los Angeles was $10.50. Pursuant to legislation already passed, the minimum wage for hourly workers has already gone up to $12 per hour for employers who employ more than 26 people. By the year 2020, there will be a city minimum wage of $15 dollars per hour. Continue Reading ›

Proposed Bill Requires Transgender Rights Training for Employers in California

July 13, 2017 | by Nassiri Law

According to a recent news article from the San Francisco Gate, new regulations are now in effect that provide specific protections to transgender and gender-nonconforming employees in California. This comes at a time when transgender workers are receiving more support from some and facing more hostility from others than ever before.

One issue that employers are worried about is that even if they want to do the right thing and follow the law, they are not sure exactly what they are required to do. They also say they do not have the resources to fully follow the law and learn what to do. While these claims seem somewhat hard to take seriously, there is clearly a need for more training. Continue Reading ›

Ban-the-Box Now the Law in California Employment Cases

July 11, 2017 | by Nassiri Law

As discussed in a recent news article from the National Law Review, California’s newly passed Ban-the-Box regulation has now taken effect. This means that our state has joined a growing list of states that are what is being called the Ban-the-Box bandwagon.

When we use the term “box” we are talking about asking prospective employees if they have any criminal convictions. While on some applications there is actually a box to check if the applicant has a criminal history, the new law applies to any form of the question. Continue Reading ›

Non-Compete Clauses in California Employment Cases

July 9, 2017 | by Nassiri Law

In most states, at certain jobs, your employer will ask you to sign what is known as a non-compete clause. This means that if you leave the job for nearly any reason, you will not be able to work in the same industry. There is normally a geographical limit on where you may not compete, though in some industries, a geographical limit would not make any sense. You are generally not required to sign a non-compete agreement, but the employer has a right to not hire you if you refuse to do so.

While this is true nationally, there is a ban on non-compete clauses in the state of California. In other words, even if you are asked to sign one, it will not be enforced in a California court. However, despite the ban on non-compete clauses in our state, many employers will still require employees to sign them. They will also try to word them in terms that they believe will be enforceable in a court of law. Continue Reading ›