Not all state or federal labor laws can be applied equally to all workers. For example, you may know that the U.S. Fair Labor Standards Act requires most employers to pay overtime for any hours worked in excess of 8 in a given day. But if you work in the…
Orange County Employment Lawyers Blog
Ninth Circuit Affirms $55 Million Employment Lawsuit Verdict for Wal-Mart Truckers
The U.S. Court of Appeals for the Ninth Circuit, which sets precedent in California, affirmed a $54.6 million jury verdict in favor of Wal-Mart truck drivers for violation of California labor law. The retail giant challenged the earlier decision on numerous grounds, including improper application of the Federal Aviation Administration…
Uber and Postmates Sue California, Declaring AB5 Unconstitutional
Two major corporations are suing the State of California alleging that a labor rights law that went into effect Jan. 1, 2020 is unconstitutional. Filed in Los Angeles federal court on Dec. 30, 2019, the lawsuit by Uber Technologies and Postmates are striking preemptively against Assembly Bill 5, which was…
Workers Now Have Three Years to File California Employment Lawsuit
A new law enacted last year now in effect gives California workers three years in which to file a lawsuit under California’s Fair Employment and Housing Act (FEHA) instead of just one. Previously, an employee who alleged discrimination, harassment, retaliation or another claim under FEHA would have one year to…
Legal Challenges to California’s Gig Worker Law Are Likely to Abound in 2020
The state’s new worker classification law takes effect on Jan. 1st. Those behind the AB5 legislative effort know it was an uphill battle – but it appears the fight isn’t over yet. Court cases challenging the law are piling up, some companies are saying they simply won’t cooperate (likely to…
California Home Day Care Workers’ Right to Unionize Solidified in 2019
2019 has been a banner year for worker rights in California. One important development that might have gotten lost in the shuffle amid all the rest was the passage of AB738 in September. Effective Jan. 1, 2020, home daycare providers will have the right to form, join and participate in…
Effect of Tighter Independent Contractor Rules on California’s Small Businesses
A new law intended to make it harder for companies to misclassify workers as independent contractors rather than employees has been the source of much controversy and litigation – even though it doesn’t take place for another week. Los Angeles employment lawyers know that while AB5 has a fair amount…
SoCal Garment Industry Coming Under Fire for Wage Theft
Southern California’s garment industry has in the past been accused of being one of the biggest wage theft offenders in the state. It’s been so bad in recent years that the California Labor Commissioner’s Office released a brochure specific to the problem for industry workers, noting that garment workers who…
Los Angeles Employer Accused of California WARN Act Violations After Dismissing Dozens of Workers
Roughly 70 workers at a private, non-profit museum in Los Angeles is facing a possible class action lawsuit for allegedly violating California’s WARN Act, which compels employers to offer at least a 60-day advance warning both to employees and local government agencies if there will be a plant closure, major…
California “Trimmigrants” Sue for Violations of U.S. Fair Labor Standards Act
A proposed class action lawsuit by so-called “trimmigrants” against a California cannabis company alleges that workers were compelled to work extended hours in difficult conditions without meal breaks, overtime pay or an accurate accounting of their wages. The workers, whose duties included growing, harvesting, bucking and hanging marijuana plants to…