Niki Nabavi Nouri is Senior Counsel in Lozano Smith's Walnut Creek Office. Her areas of focus include Labor and Employment and Student issues of education law. Ms. Nabavi Nouri's experience also includes advising clients on health care reform matters.
Before joining Lozano Smith, Ms. Nabavi Nouri worked as contract attorney practicing federal criminal law and as a law fellow where she represented minors in juvenile dependency proceedings, conducted legal research, drafted motions and made court appearances. While in law school, Ms. Nabavi Nouri also spent a year as a law clerk for the San Francisco Public Defender's Office.
Ms. Nabavi Nouri received her Juris Doctor degree from University of California, Berkeley, School of Law. While in law school she was a finalist at the Berkeley, School of Law 2010 Negotiation Competition. She was also the managing editor and Symposium Co-chair of the Berkeley Journal of International Law and was the President of the Middle Eastern Law Student Association.
She earned a Master in International Studies, Political Science from the Graduate Institute of International and Development Studies, Geneva Switzerland. She received a Bachelor of Arts in Political Science and Mass Communications from University of California, Berkeley.
Effective January 1, 2019, Senate Bill (SB) 1085 requires public agency employers in California to grant, upon the request of a union, "reasonable" paid leaves of absence to employees serving as stewards or officers of the union or of any statewide or national employee organization with which the union is affiliated.
While on such leave, employees must suffer no loss of compensation or benefits and retain reinstatement rights, meaning they have the right to return to ...
Senate Bill (SB) 285 prohibits public employers from deterring or discouraging their employees from becoming or remaining members of a union. In doing so, the bill closes a perceived loophole in California law regarding union rights and the employer/union relationship.
The bill becomes effective on January 1, 2018.
Existing law prohibits public employers from using state funds to assist, promote, or deter union organizing. According to the author of SB 285...
Armed with the understanding that Social Security numbers are the piece of information most used by criminals perpetrating identity thefts, the California legislature has barred local education agencies from collecting them.
Effective January 1, 2017, Assembly Bill (AB) 2097 modified section 56601 of the Education Code to prohibit school districts, county offices of education and charter schools from collecting or soliciting Social Security numbers or the last four...
The Internal Revenue Service (IRS) released proposed regulations on July 8, 2016 that would require employers to include the dollar value of opt-out payments as part of an employee's required medical benefit premium cost contribution when calculating affordability of health care coverage under the Affordable Care Act (ACA). The IRS treatment of opt-out arrangements impacts the employer mandate to provide affordable health care through the ACA.
Pursuant to the employer ...
Striking a major blow to the practice of providing employees with cash payments in lieu of benefits (or "opt-out payments"), the Ninth Circuit Court of Appeals issued a ruling on June 2, 2016, holding that employers, including public agency employers, must include these cash payments in the regular rate of pay when calculating the overtime rate for employees under the Fair Labor Standards Act (FLSA). (Flores v. City of San Gabriel (9th Cir., June 2, 2016, No. 14-56421)...
If you thought you were finally getting a handle on the Affordable Care Act (ACA), the influx of IRS guidance that came at the end of the 2015 calendar year probably reopened some old wounds. On December 29, 2015, we alerted you to IRS Notice 2015-87 (Notice), a compilation of Questions and Answers intended to provide guidance on a number of complex and highly technical topics related to group health plan market reform and employer shared responsibility requirements. The p...
Client News Alert
The President signed the 2016 Consolidated Appropriations Act on Friday, December 18, 2015. Included in the depths of this 2000 page omnibus tax cut and spending package is a provision that delays the effective date of the ACA's "Cadillac Tax," a 40% excise tax on high cost employer-sponsored health care plans that exceed certain federal thresholds. Originally scheduled to go into effect on January 1, 2018, the effective date of the Cadillac Tax is now pu...
The United States Supreme Court recently held that all states are required to license same-sex marriages and recognize same-sex marriages validly performed out of state. (Obergefell, et al. v. Hodges, (June 26, 2015) 2015 U.S. Lexis 4250.) While monumental on a national level, this ruling is just the latest event in the rapidly changing legal landscape relating to issues of sexual orientation and gender identity. These issues are commonly described as affecting indiv...
In 2015, the "employer mandate" of the federal Affordable Care Act (ACA) goes into effect. Under this mandate, large employers that do not offer ACA-compliant insurance coverage to full-time employees may be subject to penalties under section 4980H of the Internal Revenue Code, also known as an "assessable payment" or a "shared responsibility payment." Employers will also need to start collecting relevant information in the 2015 calendar year in order to satisfy th...
A recent court of appeal decision held that employers may require a fitness for duty exam (FFDE) under the California Fair Employment and Housing Act (FEHA) to evaluate a workplace threat when an employee exhibits erratic and confrontational behavior in a manner that causes reasonable fear and confusion to other members of the work environment. (Kao v. University of San Francisco (September 3, 2014) __ Cal.App.4th__ 2014 WL 4375929.)
An FFDE under FEHA is an em...
Client News Alert
Earlier today, Los Angeles County Superior Court Judge Rolf M. Treu issued a tentative decision in Vergara v. State of California (June 10, 2014, No. BC484642), ruling that certain teacher employment laws are unconstitutional under the equal protection clause of the California Constitution. Specifically, the court invalidated state laws governing the two-year track to permanent certificated employment status, the certificated dismissal process, and the requirem...
The United States Department of Treasury and the Internal Revenue Service (IRS) issued final regulations on February 10, 2014, implementing the Employer Shared Responsibility Provisions of the Affordable Care Act (ACA). The final regulations push back significant deadlines for employers while also providing clarification regarding some of the existing rules and regulations.
Phase-In of Employer Responsibility Provisions
The ACA requires employers with at least ...
With the phasing-in of the Affordable Care Act (ACA), employers should be aware of certain reporting requirements that may affect them as early as January 2014.
The ACA contains three different provisions that establish annual reporting requirements for employers.
The ACA amended section 6051 of the Internal Revenue Code to require certain employers to report to employees, on the standard Form W-2, the cost of their employer-sponsored group health plan coverage.
With all of the attention that has been paid this year to the various impacts of the recent overhaul of the state's finance system for K-12 schools, known as the Local Control Funding Formula ("LCFF"), sometimes overlooked are new responsibilities relating to school facilities. As a primary component of the LCFF, the governing board of each school district must adopt a Local Control Accountability Plan ("LCAP") on or before July 1, 2014, and update it on or before ...
A recently published California appellate opinion provided school districts with needed direction on determining when a probationary employee has attained permanent status. The case concerned Education Code section 44908, which provides that "a complete school year" for a probationary certificated employee is "at least 75 percent of the number of days" for that year. In order for a certificated employee to move from probationary to permanent status, they must comp...
The California Court of Appeal, in Estrada v. City of Los Angeles (July 24, 2013) __ Cal.App.4th __ 2013 WL 3831352, recently considered whether a "volunteer" worker qualified as an "employee" for purposes of bringing a claim under the Fair Employment and Housing Act (FEHA). FEHA is a California statute prohibiting employment discrimination motivated by a number of factors, including disability. To bring a claim against an employer under the FEHA, an individual must ...
In 1991, Congress amended Title VII of the Civil Rights Act of 1964 to permit an employee to establish liability against his or her employer for discrimination by demonstrating "that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice." This standard is known as the mixed-motive test and is applied to the Title VII category of discrimination known as status-based discr...