Los Angeles employment lawyer

New California Employment Laws Effective in 2021

December 30, 2020 | by Nassiri Law

A number of new California employment laws will go into effect in January 2021. Employers should keep abreast of their responsibilities, while workers should maintain an understanding of their rights. Here, our Los Angeles employment attorneys break down some of the most impactful new measures pertaining to employee leave, pay, discrimination and classification.

AB 2399 – Paid Family Leave for Active Military Duty. This bill, signed in September and effective Jan. 1, 2020, extends the definition of Paid Family Leave under the state’s Unemployment Insurance Code to include coverage for active military members and their families. Previously, the state’s Paid Family Leave Program provides wage replacement benefits for workers who need to take time off to care for a seriously ill immediate family member or to bond with a new child right after birth or adoption. Now, the law allows for a qualifying exigency related to the active duty or call to active duty of one’s spouse, domestic partner, child or parent in the U.S. Armed Forces. Continue Reading ›

Prop. 16 Failure Means California’s Affirmative Action Ban Remains

December 7, 2020 | by Nassiri Law

For nearly a quarter century, California has banned affirmative action programs that allow consideration of gender or race in public employment, contracting and university admissions. In the most recent election, California voters decided overwhelmingly to reject a ballot initiative that would have reversed this. Only one of the state’s 58 counties voted to approve Prop. 16, which was ultimately defeated by a margin of more than 2 million votes statewide.

As our Los Angeles employment attorneys can explain, that means that for now, California will continue to be just one of 10 states that bar gender- and race-based programming benefitting those well-documented to be at a disadvantage in these arenas. Continue Reading ›

California Racial Discrimination Complaint Filed Against Chan Zuckerberg Initiative

December 2, 2020 | by Nassiri Law

A former employee of the Chan Zuckerberg Initiative (CZI), the $80 billion philanthropic company Facebook Founder Mark Zuckerberg launched with his wife, pediatrician Priscilla Chan, has filed a complaint alleging racial discrimination. The worker, who is Black, worked for the company for two years, beginning in the fall of 2018.

The complaint alleges that while CZI speaks a big game of diversity and valuing employees of all backgrounds, Black workers are paid less, valued less, marginalized and denied opportunities within the firm. While non-Black employees are encouraged and supported in their advancement efforts, Black employees are slapped with an “aggressive” label and shut down. When Black workers expressed these concerns to superiors, the company responded defensively rather than accepting responsibility and trying to address the problems, the complaint alleges.

CZI is the company into which the Zuckerbergs have funneled 99 percent of their Facebook stock, to be used for charitable causes. In June, shortly after the death of George Floyd, Zuckerberg posted that CZI has given more than $40 million annually for a number of years to organizations committed to addressing racial injustice. Continue Reading ›

Los Angeles Employment Law FAQ for Holiday Workers

November 25, 2020 | by Nassiri Law

As we enter into the holiday season (no matter how different it may look this year than in year’s past), our Los Angeles employment lawyers decided this was a good time to review employer obligations for holiday pay, hours, time off requests and more.

The following are frequently asked questions pertaining to holiday work:

Is my employer required to give me time off for the holidays if I ask? Not in California. The only exception is a religious holiday accommodation (more on that later). Any time that you work on the weekend or a holiday will be treated the same as if you were working any other day. As noted by the California Department of Industrial Relations, your employer is under no obligation to give you paid holidays (though depending on the type of business, many do as an employment perk). Furthermore, your employer is not required to close its business on any holiday (though many do for select holidays, like Thanksgiving, Christmas and New Year’s Eve and/or New Year’s Day). Continue Reading ›

Court: California Retail Workers Must Be Paid for Bag Check Wait Times After Shifts

November 22, 2020 | by Nassiri Law

After nearly a decade of legal battles, employees for Apple received a ruling in their favor when the U.S. Court of Appeals for the 9th Circuit held that California’s minimum wage law entitles them to be paid for the time they spend waiting to be searched and being searched when they leave the retail store.

Our Los Angeles employment attorneys recognize this case could have far-reaching implications for employees in retail and other industries.

The class action case, Frliken et. al. v. Apple Inc., covers retail workers for Apple Inc. and was first filed in 2009. Key to the appellate court’s decision was the fact that Apple has a policy that requires employees who carry bags to work to undergo package and bag searches by supervisors or security staff at the end of each shift as a loss prevention method. Such actions are legal (so long as they aren’t applied in a way that is discriminatory) but employees can’t be expected to wait for and undergo these searches on their own time/at their own expense, the court ruled. Continue Reading ›

Most Americans Believe LGBTQ Workers Should Be Federally Protected

November 15, 2020 | by Nassiri Law

Issues pertaining to the legal workplace protections of LGBTQ workers are going to be entering the domain of the U.S. Supreme Court in the next several years. The good news is that most Americans believe LGBTQ workplace should be unlawful. However, at the time the annual GLAAD 2020 Acceptance Acceleration study was conducted earlier this year, most respondents didn’t realize it was still legal at the federal level.

The good news is a landmark ruling by the U.S. Supreme Court has turned the tide decisively in the favor of LGBTQ rights. However, with a new conservative-leaning bend to the SCOTUS, it’s unclear what we can expect in future LGBTQ discrimination challenges.

Californians live in one of 23 states that have their own non-discrimination protections (under the California Fair Housing and Employment Act). But residents and workers in 27 other states lacked such protections formally.

As longtime advocates and allies for LGBTQ rights in the workplace, our Los Angeles employment lawyers think perhaps part of the dissonance between the majority of Americans who agree these rights are important yet didn’t know they existed (yet) is the notion that the SCOTUS ruling on marriage equality was somehow the finish line. In reality, we’ve still got farther to go. Continue Reading ›

California Employment Lawsuit Filed by Man With TBI Alleges Discrimination, Wrongful Termination

November 2, 2020 | by Nassiri Law

A California employment lawsuit filed against the retailer Target alleges the company discriminated and retaliated against an employee with a traumatic brain injury (TBI) before wrongly firing him.

According to the local CBS News affiliate in Los Angeles, plaintiff suffered from a brain injury, which he reportedly disclosed during the interview process. Despite this, his employer failed to provide him with reasonable accommodations. Instead, his supervisor constantly criticized his slow speed in comparison to other workers. He also alleges he was not properly trained with regard to job duties and expectations. He was reportedly harassed by his supervisor, and said the company failed to take action and later retaliated by firing him for being “full of excuses of why you are a slow performer.”

The worker is seeking unspecified compensatory and punitive damages. Continue Reading ›

The Pandemic’s Potential to Increase California Employment Lawsuits

October 28, 2020 | by Nassiri Law

The COVID-19 pandemic has had a significant impact on workplaces across the country. Non-essential businesses were shuttered for weeks or months, workplace policies changed and many employers and employees alike have been affected somehow.

California employment lawsuits were prevalent enough even in better times, but the pandemic is what we call a “workplace agitator.” It’s something that impacts a wide swath of people in a negative way, contributing to the kind of economic and personal stress that can heighten underlying workplace tensions.

It’s no surprise then that many Los Angeles employment attorneys are noting an uptick in employment-related claims, especially because there may be newly-acquired legal rights or requirements that employers may potentially violate.

California Wage Theft, Meal Break Violations Alleged in Employment Lawsuit Against Restaurant

August 30, 2020 | by Nassiri Law

A restaurant owner and reality television star is facing a class action for California wage theft and meal break violations at the West Hollywood establishment. She and her husband/co-owner are accused of violating numerous state labor laws by failing to pay minimum wage or overtime, refusing to give employees pay stubs, not paying gratuities that were earned and not providing adequate breaks as required by law.

According to E! News, the plaintiff (filing on behalf of herself and others) alleges that her employers at SUR failed to follow the law for at least one of the last four years. Plaintiff was employed at the upscale establishment for three months, ending in January. While there, she was a hostess, tasked with answering phones, confirming reservations and seating patrons.

This is the second labor lawsuit that has been filed against the owners of SUR in recent months. Late last year, another former employee filed their own class action lawsuit alleging California labor law violations. That worker, a non-exempt employee for three months, was employed not only at SUR but also at the owners’ other restaurants, Tom Tom and Pump Restaurant Lounge. He too alleges that for the last four years, workers were denied minimum wages and overtime, proper meal and rest breaks, accurate wage statements or pay stubs at the end of their employment. Continue Reading ›

Regulators Target Gig Economy for Crackdown on Wage and Hour Violations

August 21, 2020 | by Nassiri Law

In the first AB5 enforcement lawsuit over California wage and hour violations, the state labor commissioner alleges that a gig-economy car wash company in Southern California is breaking the law by misclassifying workers as independent contractors when in fact they are employees. It’s the same argument that has been made in numerous employment lawsuits against gig economy giants like Uber and Lyft.

As our Los Angeles employee misclassification attorneys can explain, this issue has become so problematic because employees who are wrongly classified as independent contractors lose out on a host of employment benefits, including minimum wages, overtime, health insurance, tax breaks and underpayment of things like Social Security, Medicare, etc.

The defendant in this action, MobilWash, uses an app to offer on-demand car wash and detailing services. Customers can order the services, pay for them and provide a tip all through their phone. Workers use their own vehicles and supplies, go to the customer’s vehicle and provide the cleaning services. They must purchase their own uniforms, insurance, cleaning equipment and supplies and gas. Workers are not reimbursed for travel time or business expenses – as they would be if they were employees. Further, the company charges a $2 transaction fee for every tip the workers receive, something the labor commissioner says is illegal.

Recently, the Orange County Register editorial board posited that if the arrangement wasn’t working for those involved, it wouldn’t be successful. The labor commissioner says that’s not a solid legal argument, and that if a worker puts in 10 hours daily for six days each week, they’re entitled to more than $1,500 in weekly wages (which includes minimum wage plus overtime), something they aren’t receiving. The board argued that such companies are never going to operate like traditional factories, with workers spending 10 consecutive hours daily, clocking in and out, when the whole concept of the service is being on-demand. Continue Reading ›