Riverside employment attorney

California Employers Not Liable for ‘Take-Home Covid,’ State High Court Rules

July 7, 2023 | by Nassiri Law

Employers in California can’t be held legally responsible if workers contract COVID-19 on-the-job and then spread it to people they live with.

In the case of Kuciemba v. Victory Woodworks, Inc., the California Supreme Court ruled that while take-home COVID claims filed by employee spouses aren’t barred by the exclusivity provisions of workers’ compensation law, employers owe no duty of care to non-employees.

Workers’ compensation claims are predicated upon injury suffered by an employee. An employee who files a workers’ compensation claim can’t also file a lawsuit against their employer, due to the exclusivity rules. But the spouse isn’t entitled to workers’ compensation if they get sick. And the claim here wasn’t based on the employee’s injury, but the spouse’s.

However, claims rooted in negligence must first establish that the defendant owed the plaintiff a duty of care. Employers, the Court ruled, don’t have a special relationship with the spouse’s of employees such that it establishes a legal responsibility to use reasonable care in preventing harm to them. The Court noted that while it’s foreseeable that negligence in employer policies and practices would increase the likelihood of spreading a highly contagious disease to employee household members, to recognize an employer duty of care to non-employees would “impose an intolerable burden on employers and society” that would be in contrast to public policy.

Of course, the bones of this case are more in the realm of injury/tort law rather than California employment law (which is our focus at Nassiri Law Group). But it’s still worth pausing to review, given how substantially COVID-19 upended so many workplace procedures, policies, and practices. So much of this was uncharted territory for the modern world. As such, California courts are still getting around to resolving workplace conflicts – direct and ancillary – that cropped up in the midst of the pandemic and its aftermath. Continue Reading ›

California Racial Discrimination Alleged by Utility Employees

April 7, 2022 | by Nassiri Law

California racial discrimination at utility workplaces is the basis for a new employment lawsuit filed by two former employees.

According to ABC-7 News, the two plaintiffs – both attorneys – alleged that despite being in one of the most diverse regions of the state, the company’s legal department hasn’t hired a minority candidate in more than 16 years. It hasn’t hired an African American candidate in more than 22 years, they say.

Plaintiff one said she’d worked at the company nearly two decades when the second plaintiff, a Black woman, interviewed for a position in the company’s legal department. Despite being unanimously ranked as the No. 1 candidate for the position, she was passed over for the job. That prompted the longtime employee to file an internal complaint alleging racial discrimination.

About a year later, the prospective employee was invited to apply again. This time, she was hired. However, during her time at the company, she alleges she was subject to a significant degree of racial discrimination. Among her examples:

She was given a heavier work load than other, similarly-situated employees who were white.
She was denied equal opportunity to attend training and other employment benefits.
She was not given an office, as similarly-situated white colleagues were.
Her office supplies came from the junk drawer or even garbage bin, while white employees were given permission to order new supplies.

The impact, she said, was being denied the basic ability to do her job. Continue Reading ›

“Can I Sue for California Workplace Bullying?”

March 3, 2022 | by Nassiri Law

Workplace bullying is understood to be repeated, harmful mistreatment of one or more employees (targets) which can include conduct that is:

Threatening
Humiliating
Intimidating
Interfering with work.

The Workplace Bullying Institute explains that examples can include work sabotage, isolation, harm to reputation, demeaning behavior, and abusive supervision. The think tank estimates 60 million Americans are impacted by workplace bullying, with anywhere from 19-44 percent having been directly bullied. Nearly 1 in 5 have witnessed bullying behavior on the job. Of those who are targets, nearly 30 percent say nothing. Only 17 percent report seeking formal resolution – with the failure to report likely stemming from employers’ lack of responsiveness, real or perceived.

But what are your legal options? As our Riverside employment attorneys can explain, California does not have an anti-workplace bullying law in place, unfortunately. That doesn’t necessarily mean you’re out of luck.

Targets of workplace bullying may have grounds for legal action in California if the conduct violates the state’s workplace harassment or discrimination laws, such as those set forth in the California Fair Employment Act (FEHA). Workplace bullying violates the law when it is based on a protected category to which a victim belongs. Continue Reading ›

Steps for Filing a California Employment Discrimination Lawsuit

February 22, 2022 | by Nassiri Law

The California Fair Employment and Housing Act, commonly called FEHA, forbids employers to discriminate against employees or job applicants on the basis of their position in a protected class. Protected classes include race, religion, color, ancestry, national origin, mental disability, physical disability, medical condition, genetic information, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender identity, sex, gender expression, sexual orientation, marital status, age (for those 40 and older), or veteran/military status.

As our Riverside employment attorneys can explain, those who have experienced the adverse impact of workplace discrimination in California can pursue accountability through the civil justice system by filing a lawsuit. Working with an experienced employment law team is essential.

Here, we discuss the basic steps for filing a California employment discrimination lawsuit.

Knowing Whether You Were Discriminated Against

The first step is assessing whether discrimination took place. Employers generally recognize that discrimination can lead to an employment lawsuit, so those who engage in it are often careful to avoid putting anything in writing or saying anything obvious to the job candidate or employee. Most workplace discrimination is subtle. But that doesn’t mean there aren’t signs.

An experienced employment law firm can help you make a case for employment discrimination by showing that certain groups were treated differently than others. It might also be established by showing there was an abrupt alteration in attitude toward an employee once the employer learned of the worker’s status in the protected group. Some indicators of workplace discrimination include: Continue Reading ›

California Non-Disclosure Agreement Violated Labor Law, Court Rules

February 10, 2022 | by Nassiri Law

Nondisclosure agreements, sometimes also referred to as confidentiality clauses, are written legal contracts between employers and employees, drafted with the purpose of laying out binding terms and conditions. These can include provisions like prohibitions on disclosing confidential and proprietary information. However, as our Los Angeles employment attorneys can explain, they are too often used in ways that many believe exploit the power imbalance between workers and employers. In some cases, employees have been compelled to sign away their right to pursue claims for wrongdoings like sexual harassment in the workplace. They may also include non-disparagement clauses that prohibit workers from speaking negatively about the company. Where NDAs are found to be overly-broad in scope, they may be deemed unenforceable.

Recently, a California judge ruled that the confidentiality agreements required of Google’s employees were too broad – in violation of the state’s labor laws. The ultimate impact of that decision is more workers and ex-workers may find it easier to speak openly about these firms.

The Washington Post reports the case in question involved a Google employee who took the company to court, arguing the nondisclosure agreement the company asked him to sign blocked him from talking about his job to other potential employers. Effectively, he argued, this amounted to a non-compete clause. Such provisions are unlawful in California. A Superior Court judge sided with the employee on this point, though declined to make a decision on allegations these NDAs also prohibited whistleblowing and worker exchange of wage information – also illegal in California. Continue Reading ›

What Is Considered “Unfair Treatment” in California Workplaces?

December 15, 2021 | by Nassiri Law

Fairness and equality are cornerstone ideals in America, but not every employer embodies or enforces them. However, does unfair treatment alone mean you can take legal action against your employer?

As our Los Angeles employment attorneys can explain, the viability of a California employment lawsuit depends on a myriad of factors, including:

The exact nature of the adverse action and how substantially you were impacted.
Whether the motivation for the adverse action was – in whole or in part – a protected characteristic or activity.
The strength of the evidence you have of the employer’s unlawful motivation for the adverse action. (This includes whether others similarly situated were treated the same way or differently.)
When these adverse actions were taken.

This is not to say you need to have every single detail in order for your initial consultation with an employment attorney, but it’s a good idea to have basic answers so that your attorney knows where to start.

What Are Protected Characteristics and Actions?

The simple fact of being slighted at work isn’t necessarily cause for litigation. In general, it must involve certain characteristics or actions that are protected by law.

Examples of protected statuses include: Religion, Race, Age (over 40), Disability, Sex, Gender/Gender Identity, Marital Status, Ancestry, Veteran Status, Military Status, Medical Condition, Genetic Information, Color, or Pregnancy/Any Related Condition.
Examples of protected activities include: Serving on a jury, Taking necessary family leave, Attending court and/or seeking care as a victim of a crime, Sharing your salary/wage information with others, Participating in a workplace complaint, Taking time off to fulfill first responder duties, Exercising lactation rights, and Whistleblowing.

These aren’t necessarily exhaustive lists; it’s best to consult with an attorney if you aren’t sure whether your unfair treatment was unlawful.

Is All Unfair Workplace Treatment Unlawful?

No, not all unfair workplace treatment in California is against the law. California is an at-will state when it comes to employment law. That means your employer can fire you for almost any reason without consequences. However, the exceptions arise when those adverse actions are taken as a result of some protected status or action.

So for example, if you are fired because of your age, but you are under the age of 40, your age is not a protected characteristic under the law. It’s not fair, but it’s not illegal. Continue Reading ›

California Wage Theft Lawsuit Alleges Overtime Violations

May 8, 2021 | by Nassiri Law

A Riverside wage and hour lawsuit alleges an employer failed to properly calculate overtime or compensate him for time spent each shift undergoing mandatory temperature screenings.

In the case of Solis v. The Merchant of Tennis, plaintiff further alleges non-exempt employees weren’t given the opportunity to take duty-free rest breaks, which is required pursuant to Wage Order No. 7 of the California Labor Code. Lastly, plaintiff asserts the company failed to fully and promptly compensate him all due wages when his employment was terminated.

These violations, plaintiff alleges, also amounted to violations under the California Unfair Competition statute. Plaintiff is seeking class action or collective status.

As our Riverside employment attorneys can verify, wage and hour disputes aren’t uncommon. Labor law violations in California in fact occur with some regularity. The question is what we can prove and how many violators are held accountable. Continue Reading ›