Los Angeles employment attorney

California Ban on “No Rehire” Clauses Will Likely Lead to More Retaliation Claims

January 26, 2020 | by Nassiri Law

California may see an increase in workplace retaliation claims since Assembly Bill 749 , which bans no-rehire clauses with limited exception in employment dispute settlements, was enacted this month.

Prior to the passage of this bill, it was common practice for companies to settle discrimination or harassment claims with employees with a settlement that included a no-rehire clause. These provisions can vary in scope, but usually indicated that any future application for employment by that person wouldn’t be considered, and if the worker was hired by chance, he or she would be terminated automatically.

The California Chamber of Commerce had argued the law wasn’t necessary because there were already existing laws against overly-broad no-rehire clauses (specifically, Business and Professional Code section 16600).

The new law, codified in the California Code of Civil Procedure section 1002.5, indicates that no agreement to settle an employment dispute should contain any provision that prohibits, prevents or otherwise restricts an aggrieved person who is settling from obtaining future employment with that employer or any parent company, division, affiliate, subsidiary or contractor. Companies can include no-rehire provisions in cases where the company made a good faith determination that the person signing committed sexual harassment or sexual assault OR where there was a legitimate (i.e., non-discriminatory, non-retaliatory) reason for firing that person. There is also an exclusion for severance agreements. Continue Reading ›

Legal Challenges to California’s Gig Worker Law Are Likely to Abound in 2020

December 30, 2019 | by Nassiri Law

The state’s new worker classification law takes effect on Jan. 1st. Those behind the AB5 legislative effort know it was an uphill battle – but it appears the fight isn’t over yet. Court cases challenging the law are piling up, some companies are saying they simply won’t cooperate (likely to lead to more litigation) and there is a looming multimillion-dollar ballot initiative gearing up for next November.

Our Los Angeles employee misclassification attorneys will be watching these developments closely to see how these disputes unfold.

AB5 is going to make it more difficult for companies to label their workers as independent contractors rather than employees. Legislators backing the measure pointed to mounting evidence that companies are improperly classifying workers as independent contractors to avoid the added expenses of things like workers’ compensation benefits, health insurance, minimum wage, overtime, unemployment insurance, the right to unionize and other benefits to which employees (but not independent contractors) are entitled.

Employer preparations for AB5 should already be well underway. If you operate a small business and still aren’t sure about whether your operations fall under the umbrella of AB5 or if so, how to restructure your employment model, it’s imperative that you contact a longtime employment law firm to help protect your legal interests. Some companies have been able to find creative workarounds that satisfy employees as well as their bottom line. This can include using staffing agencies, having contractors form an LLC (to qualify for a business-to-business exemption) and other strategies. Continue Reading ›

California Workplace Discrimination & Harassment 101 – What You Need to Know

December 11, 2019 | by Nassiri Law

As an employee in California, you have rights under both state and federal law that protect you from harassment and discrimination based on your belonging to a protected classification. For example, if you are a woman paid substantially less than male colleagues doing the same work, that’s a form of gender discrimination on the basis of sex – a protected class.

In fielding hundreds of inquiries over the years from California workers whose rights are being violated on-the-job, our Los Angeles employment attorneys want to ensure as many people as possible understand what exactly harassment, discrimination and retaliation is and how to best address it.

What is Workplace Discrimination?

Discrimination is adverse treatment by an employer against workers who fall into a protected class. California employers are prohibited from discriminating against employees on the basis of:

Race
Color
National origin
Religion
Gender (including pregnancy, childbirth and related medical conditions)
Disability
Age
Citizenship status
Genetic information
Marital status
Sexual orientation
Gender identity/expression
AIDS/HIV
Military/veteran status
Status as a victim of domestic violence, stalking or assault

This is much more extensive than the federal law, and some cities in California have their own rules that extend protections even further. Continue Reading ›

Fail to Pay Wages in California? Prepare for Higher Penalties.

November 9, 2019 | by Nassiri Law

California employees have the right to be paid – in full and on time. Yet wage theft is still a prime source of labor law violations in this state.

That’s why lawmakers enacted AB 673, amending Chapter 716, Section 210 of the Labor Code.

Existing law provides for a civil penalty – both additionally and entirely independent from all other fines or penalties – on anyone who fails to pay the wages of every employee. The law also includes a provision that bars differential pay or pay schedules on the basis of gender. It allows for the state Labor Commissioner to recover that penalty as part of the hearing that’s held to recover any unpaid wages/penalties or independent from the civil action. A portion of those penalties go to a specific fund in the Labor and Workforce Development Agency for the express purpose of educating workers about state labor laws. The rest goes to the State Treasury/General Fund.

AB 673 allows for the workers who have been affected to bring an action to recover certain penalties against employers who failed to pay them. Continue Reading ›

Will a Los Angeles Employment Lawyer Take My Discrimination Case?

March 28, 2019 | by Nassiri Law

You may be unsure about whether a Los Angeles employment lawyer will be willing to take your discrimination case. It’s important to understand what constitutes discrimination (not all unfair treatment will qualify) and whether you have or could acquire the evidence necessary to establish a case. If you do have evidence you were treated unfairly in employment or hiring on the basis of being part of a class that is protected by anti-discrimination laws, then a Los Angeles employment attorney will probably want to speak to you.

Employment lawyers do offer free initial consultations, so it is usually worth your time to reach out, explain your situation and arrange a meeting. A few things to keep in mind before you arrive.

Understanding Employment Discrimination

California Employee Seating Lawsuit Not Limited to Cashiers

March 9, 2019 | by Nassiri Law

A number of California employment lawsuits have been won in recent years by cashiers at retail locations seeking a place to sit at work. The door was first opened in 2010 when a pair of California Court of Appeal rulings allowed cashier plaintiffs to seek remedy when employers failed to provide reasonable seating.

In 2016, the California Supreme Court held in Kilby v. CVS Pharmacy Inc. that when tasks performed at a given location reasonably permit seating AND providing a seat wouldn’t interfere with the performance of any other tasks that might require standing, “a seat is called for.” Furthermore, if an employer argues no suitable seat is available, the burden is on the employer to prove unavailability.

As our Los Angeles labor and employment attorneys can explain, this provision is most often applied to cashiers, tellers and others who frequently work in stationary locations, but it’s not necessarily limited to the retail or banking sector or solely to cashiers. Continue Reading ›

Judges Increasingly Side With Medical Marijuana Patient Employees in Wrongful Termination Disputes

February 6, 2019 | by Nassiri Law

Medical marijuana worker protections aren’t guaranteed in California – but they are growing nationally, and workplaces should take note. California became the first state to permit use of the drug for medicinal purposes and 33 states plus Washington D.C. have followed suit, with 10 (including California, plus D.C.) have permitted use of the drug recreationally. However, as Los Angeles employment attorneys can explain, none of that guarantees a worker’s job will be safe if they use marijuana – even if it’s done recreationally and off-the-job.

Companies need to start paying close attention to these cases, as there is an increased likelihood California employees with medical marijuana cards will enjoy increasing workplace protections. This amid a 2018 Pew Research Center Poll finding 62 percent of Americans favor legalization of marijuana, double the number who answered in the affirmative in 2000.

It used to be that courts largely rejected California wrongful termination lawsuits relating to medical marijuana use by employees. But then two years ago, a state court in Rhode Island ruled that a manufacturing company was not allowed to refuse hiring of a paid intern who used medical marijuana in accordance with state law just because she would test positive for the drug. Continue Reading ›