Riverside employee rights attorneys

The State of Employee Rights After Supreme Court Decision on Unions

July 11, 2018 | by Nassiri Law

The Supreme Court’s recent decision in the case of Janus v. American Federation of State, County, and Municipal Employees quickly rose to landmark status in employment law. The 5-4 ruling by the high court determined it is unconstitutional to force nonunion workers to pay fees to unions in the public sector. Justices for the majority decisions explained that forcing workers to financially back an organization whose views they did not necessarily agree with was a violation of their First Amendment right to free speech, according to a CNBC report. The decision overturned the 1977 Supreme Court ruling in Abood v. Detroit Board of Education, which stated fees could be collected for collective bargaining, but not for political purposes. Some believe, however, that by nature collective bargaining and union practices are political.

While the ruling does not affect the private sector directly, the spirit of the decision certainly sets a precedent for legal disputes with private employment unions. It also helps bolster laws that already exist in 27 states which forbid agreements between unions and employers to force all employees who are part of a bargaining unit to contribute to union dues. The ruling is viewed by many as a victory for individual liberties. Continue Reading ›

Employees’ Right to Organize Plays Role in Moonlighting Case

June 17, 2018 | by Nassiri Law

Employers have long tried to figure out ways to control their employees not only while they are on the clock, but also during their personal time. Joining a company can sometimes feel like a way of life rather than a way to earn income to sustain yourself. The latest way employers are overstepping their bounds is through “moonlighting” bans, or rules restricting employees who want to take on a second job. The National Labor Relations Board, however, recently struck down one such ban, sending a message to other employers across the country.

This is a major victory for employees, who already have more than enough burdens to carry. Our employment lawyers know if someone is taking on a second job, it is almost always because they are in need of more cash in order to make ends meet. The last thing workers should have to worry about is whether taking on additional work to provide for their families will jeopardize their first source of income.

An NLRB administrative law judge recently ruled on a company policy that put undue restrictions on the type of second job an employee could take on. Limitations imposed by the company stated that the job could not be inconsistent with the company’s interests and could not reflect poorly on the company’s public image. While the company argued the policy was meant to prevent employees from working for competitors, the judge rightly countered that insisting employees put company interests first even in their free time had the potential to infringe on unions, whose interests would serve other employees rather than the company. Whether intentional or not, the wording would affect workers’ right to organize, and thus those parts of the policy were struck down. Continue Reading ›

NJ Fights Sex Discrimination With Strong Equal Pay Law

April 28, 2018 | by Nassiri Law

Here in California, there are strong statutes protecting employees from pay-based discrimination. Our employment attorneys recognize, though, that much of the country fall short of these standards. Luckily for the people of New Jersey, those changes are coming sooner than later (and even giving California labor laws a run for their money) thanks to recent actions by the state’s new leader.

Gov. Phil Murphy has signed into law Bill AI/SI04, which sanctions employers for gender pay disparities between employees with the same responsibilities. This move was counter to those of previous Gov. Chris Christie, who vetoed a similar bill, according to a report from the Associated Press. Throughout his term, Christie vetoed pay equity bills three times.

Previously, the state’s Law Against Discrimination only allowed those seeking damages to collect back pay for two years. The new legislation raises that number to six years. As our employment attorneys can explain, this not only is a huge step to rectifying wage disparities for women, but also acts as a heavy deterrent for companies, ideally forcing them to evaluate their decisions on pay before they become an issue. The new legislation also establishes that employers must pay equally for “substantially similar work,” not just simply the same title, similar to the California Equal Pay Act. Continue Reading ›

Understanding Employee Privacy Rights in the Age of Technology

March 30, 2018 | by Nassiri Law

With the ever-expanding reach of technology, it feels to many like privacy is dwindling. This can be especially distressing when an employer tries to use private information about you to take employment action.

There are more ways than ever for an employer to access information about you, but as our trusted employment attorneys know, companies are still limited in how they can use that information under the law. A recent article from The Business Journals delved into this very issue, unveiling different platforms on which employers can easily access your information.

Social media is, of course, the most obvious change in the way we share information over the past 15 years. It’s good common sense to be thoughtful about what you share about yourself, especially with so many new online outlets to post personal information with friends and family. You never know who might see one of your posts and share it with the wrong person. Plus, it’s not uncommon for an employer to scope out your online presence when you apply for a job.

They still cannot discriminate against you for any reason that is already protected under Title VII of the Civil Rights Act of 1964, such as race, religion, or nation of origin. However, if you have a series of public statuses about how much you don’t like going to work or making fun of your previous bosses, don’t be surprised if you aren’t getting many bites from prospective employers. Continue Reading ›