Mohsen Parsa is an experienced business lawyer who provides aggressive, dedicated, and efficient employment law representation in the greater Los Angeles and Orange County area.
Whether you are a new owner of a small business or a high-level executive at a midsized corporation, Mohsen Parsa is ready to assist you on employment law matters, including:
- Labor Management & Classification
- Sexual Assault & Harassment
- Wage & Hour Disputes
- Wrongful Termination
- Handbooks & Manuals
In California, discrimination in the workplace comes in two forms; “disparate impact” and “disparate treatment.” Disparate impact occurs when employers issue policies that have an adverse effect on a protected group. Disparate treatment occurs when an employer performs a certain action against someone because of a protected characteristic (e.g., an employee's race).
Not only can Mohsen Parsa protect your company from pending discrimination actions, it can prevent them from ever being filed by reviewing your company's current policies to ensure compliance with California law.
In California, the proper classification for employees is absolutely crucial for employers. For example, California labor law calls for certain classifications to be exempt from overtime pay if they are engaged in administrative tasks while employed as supervisors, managers, or are salaried employees.
Without proper classification, it is possible that some of your employees may have a claim for additional monies owed. The consequences of improper classification are:
(1) fines imposed by the Employment Development Department, if audited; and
(2) claims for unpaid overtime by employees, including fines and attorney fees.
Mohsen Parsa can protect your company by reviewing your company's current classification policy to ensure compliance with California law.
California considers sexual harassment in the workplace to be any unwanted sexual advances or visual, verbal, or physical conduct of a sexual nature. This includes:
- Leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
- Making derogatory comments, epithets, slurs, and jokes.
- Touching, assault, impeding or blocking movements.
- Offering employment benefits in exchange for sexual favors.
- Making or threatening retaliatory action after receiving a negative response to sexual advances.
While an employee may be accused of sexual harassment, your company may also be at risk if it is deemed to have created a “hostile work environment.” In such a case, your company could be held strictly liable for the employee's misconduct.
If your company is at risk of sexual assault and/or harassment claims, Mohsen Parsa can help.
There are state and federal laws that protect an employee when it comes to wage and hour violations. The Fair Labor Standards Act (FLSA) is the federal law and there are also state-specific California wage and hour laws. When it comes to wage and hour disputes, courts in California generally use the law that is most favorable to the employee.
For example, the federal minimum wage for 2018 is $7.25 per hour, but California mandates that employer's pay employees at least $10.50 per hour if the company has up to 25 employees and $11.00 per hour if the company has 26 employees or more. If an employee brings a wage dispute against a company based in California, the court will generally use the applicable wage rate of the state or locality.
If your company is facing a wage and/or hour dispute, contact Mohsen Parsa today.
California is considered an “at-will” state which means that, in most cases, an employee can be terminated at any time without notice. However, an employer is in violation of California law if they terminate an employee for discriminatory reasons, in violation of a contract, or for exercising certain legal rights. For example, an employer cannot legally terminate an employee because of their age, race, sex, sexual orientation, disability, marital status, religion, national origin or gender identity.
If your company is facing a wrongful termination dispute, contact Mohsen Parsa today.
A highly-skilled and vigilant employment lawyer can help protect your company from a myriad of employment claims and allow your company to focus on what it does best. For qualified and competent legal representation contact Mohsen Parsa today.