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Disability Discrimination at Work (Part 1)
Posted in Discrimination,Employment Law,Workplace Discrimination on November 1, 2021
In disability discrimination cases, employers sometimes argue there was no wrongful conduct or no duty to accommodate because in their view, the employee did not have a “disability.” However, the definition of disability is broadly construed in California. The Legislature has stated its intent that “physical disability” needs to be construed broadly so that applicants… read more
What Counts As “Whistleblowing”?
Posted in Employment Law,Firm News,Whistleblower Protection,Workers Compensation on October 27, 2021
California Labor Code Section 1102.5 confers broad protection to employees from suffering retaliation as a result of “whistleblowing.” Some employees in California may wonder if their whistleblowing has to be made to an outside agency to protect them. The statute provides guidance on this and makes clear that even making the complaint to the employer… read more
Mediation vs. Arbitration – What’s The Difference?
Posted in Employment Law,Firm News,Workers Compensation on October 25, 2021
People sometimes hear the terms “mediation” or “arbitration” in their day to day lives but are not always clear on the distinctions between the two. Some think they are one and the same. They are NOT. Here is how they differ in major respects: Arbitration Arbitration is a process that has similar elements of a… read more
DFEH Employment Information on COVID-19
Posted in Employment Law,Firm News on August 31, 2021
A pandemic of respiratory illness caused by a new coronavirus (COVID-19) currently exists in California and beyond. Governor Newsom declared a state of emergency in California on March 4, 2020. Workers and employers should adhere to the latest government guidance on how to reduce transmission of COVID-19 in the workplace, including guidance from the Centers… read more
Posted in Employment Law,Wage & Hour Laws on June 11, 2021
FOR IMMEDIATE RELEASE June 10, 2021 Employment litigation attorney Omid Nosrati announced today that his firm, on behalf of Plaintiff Alejandra Llamas, filed a whistleblower retaliation lawsuit in the Superior Court of California, County of Orange against Trader Joe’s Company. Ms. Llamas alleges that she was issued a written warning after making several verbal complaints… read more
Posted in Employment Law,Wage & Hour Laws on June 4, 2021
FOR IMMEDIATE RELEASE June 1, 2021 – First Day of Pride Month – Los Angeles, CA Employment litigation attorneys Michael Zarocostas and Omid Nosrati announced today that they have filed an employment discrimination lawsuit in Los Angeles Superior Court against The Walt Disney Company, ABC Signature Studios, Inc., and Riverside Television Services, LLC, on behalf… read more
Can Your Employer Terminate You for Performance Issues Caused by Your Disability?
Posted in Employment Law,Wage & Hour Laws,Wrongful Termination on April 26, 2021
Being terminated for performance issues caused by a disability is not only unfair, it is probably illegal as well. In the federal appellate case of Humphrey v. Memorial Hospitals Association, the court said that for purposes of the Americans with Disabilities Act (with a few exceptions, such as alcoholism or illegal drug use), conduct resulting… read more
California Supreme Court: Employers Cannot Round Time For Meal Breaks
Posted in Employment Law,Firm News,Wage & Hour Laws on April 18, 2021
Recently, The California Supreme Court in Donohue v. AMN Services, LLC decided “that employers cannot engage in the practice of rounding time punches — that is, adjusting the hours that an employee has actually worked to the nearest preset time increment — in the meal period context. The meal period provisions are designed to prevent… read more
Associational Discrimination and How it Relates to COVID-19
Posted in Employment Law,Firm News,Wage & Hour Laws,Workplace Discrimination on April 17, 2021
Imagine asking for an accommodation at work so you can help a family member with a disability and you get terminated for making the request? Imagine in another scenario, your employer grants you the request but then terminates you shortly after? Is that discrimination, even though you are not the one who had the disability?… read more
Time Off From Work Beyond FMLA Leave
Posted in Employment Law,FMLA on April 17, 2021
Sometimes, employees need to take their full 12-weeks of FMLA leave to deal with a serious health condition. What happens when the employee is unable to return to work at the end of their 12-week leave period? Can the employer simply terminate the employee? What if the employee could return after some additional leave that… read more