Articles Posted in wage and hour lawsuit

A recent ruling by the California Supreme Court on May 8, 2017, makes it easier for employers to comply with the state’s “day of rest” statute. The enhanced flexibility can benefit both employers working to accommodate their business needs, and employees who desire more flexibility to accommodate their personal activities with their work schedule and responsibilities. employment lawyers

The California “day or rest” statute prohibits employers from causing employees to work more than six in seven days. The San Francisco Business Times reports that, in Mendoza v. Nordstrom, the Court clarified that the day of rest is guaranteed for each work week, rather than any given period of seven days. Previously, it was unclear which measure had to be used for purposes of calculating the day off. Some employers would go to great lengths to accommodate every seven-day period on a rolling basis. Now, they need only to set a defined work week, and ensure that employees have one day off within that week.

The ruling also gave employers the option of scheduling employees for more than seven days in a row if they are given time off equivalent to one day per work week. This, too, allows greater flexibility in scheduling. It also appears to signal the Court’s awareness of the realities of the contemporary American workforce.  Continue reading

The United States has the largest prison population in the world.  There have been various attempts over the years to change sentencing and get rid of mandatory minimums for non-violent offenses, but even that hasn’t been able to resolve this concerning trend. In fact, new attorney general has issued orders to all federal prosecutors to charge all offenses to the highest level possible and go for mandatory minimums whenever possible. This is of course good business for the companies that run many of our nations prisons, so at least for now, this numbers are expected to increase.

LA Employment Attorney A recent news article from Food Tank, self-described think tank for food, lists the current incarceration rate at 66 prisoners per 10,000 U.S. citizens.  This is an astounding number when you look at virtually every other nation in the world. Continue reading

Nike is being sued for violating wage and hour laws within the state of California. The case was filed as a putative class complaint. Many Nike employees could become part of the class action claim against the company for failing to pay wages as required under California law. employment attorney

There are many protections in place under state and federal law to ensure every employee is paid a fair wage in the state of California. An Orange County employment lawyer can provide assistance to those who are not paid at least minimum wage, who are not paid required overtime or who are otherwise deprived by their employers of money they earned. Continue reading

For many Americans who struggle to get enough hours at their jobs, the chance to work overtime is welcomed.  The reason for this is that being paid time and a half for any hours over 40 in a given week means a bigger paycheck.

marijuana lawyerHowever, there are those who are not looking to work overtime, because that takes away time from their families and may interfere with their ability to work second or even third jobs, as this is an unfortunate reality for many workers these days, because a single job will not pay enough to let a person take care of themselves and their families.

For these people, the fact that they will be earning overtime pay helps to ease that burden and makes it more palatable.  However, according to a recent report from CNN, the U.S. House has just passed a bill that would allow employers to not pay overtime.  Continue reading

In an ideal world, every labor law and employee contract would be written in such a way that is clear and unambiguous to all parties involved in the employment relationship, especially the employee.  It would be fair to the employer as well, and there would not be any issues.  We obviously do not live in that ideal world, as many employers take advantage of their employees and try to use contract clause ambiguity and statutory ambiguity to get away with what they are doing.

gavelAccording a recent article from the American Bar Association (ABA) Journal, heavy litigation in a case involving overtime pay for dairy delivery drivers is being decided based upon the placement of a comma in an ambiguous state law.   This case was filed in the U.S. Court of Appeals for the First Circuit. Continue reading

A yoga company has agreed to settle claims of unfair wages and failure to meet minimum wage obligations for $1.65 million, according to Bloomberg, which detailed the proposed settlement.yoga

The case, before the California Northern District Court in San Francisco, stemmed from allegations by students that they were paid to clean the studios in exchange for free or discounted memberships.

The situation sheds light on how “bartering” can be inherently unfair to one side, and also legally pretty tricky. There is no provision of state or federal law that allows companies to draw up minimum wage obligations with in-kind payments, like the ones extended by this studio. Employees must be paid at least the minimum wage.  Continue reading

A judge in California has ruled on an employment lawsuit, ruling in favor of the airline in finding out-of-state workers with limited attendance in the state aren’t entitled to protections under California’s wage-and-hour laws. airplane

The class action litigation, to which four flight attendants had been a party to, alleged their airline employer had violated California’s Labor Code. They argued that because they were frequently stationed in the state and because state law governs their scheduled work for that pay period, they should be entitled to the benefits that come with that.

However, the judge favored the employer, finding the workers were hardly ever in California, which meant they weren’t eligible for California’s legal workplace protections – specifically, the wage and hour laws. Further, the fact that the airline is not headquartered in the state bolstered the defense.  Continue reading

In 2015, California passed a new Paid Sick Leave law, effective July 2015, that required anyone who worked for an employer for at least 30 days in a year in California (after satisfying a 90-day employment period) is allowed to take sick leave. The law is applicable to all workers – including part-time and temporary employees – with some specific exceptions, including those who provide in-home support services, those with collective bargaining agreements, certain persons employed by air carriers and retired annuitants working for the government.tissue

Determining, however, how much paid sick leave one is entitled to is a bit trickier. Different employers offer different plans, but in general, state officials have explained, the law requires companies to allow workers to use at least 24 hours or three days of paid sick leave per year. Some employers have adopted policies that involve an accrual of sick leave, which can be limited to a total of 48 hours or six days of accrued leave.

Elsewhere in the country, sick leave policies are still severely lacking. Recently in Minnesota, a new sick leave law in Minneapolis has come under fire recently, with a county district judge deciding the city ordinance won’t affect companies that are based outside of the city. Of course, the fear is this will ultimately hurt the city because it may prompt businesses to relocate their headquarters outside of the city proper in order to deny workers a reasonable sick leave policy.  Continue reading

California has some of the best state-level worker protection laws in the country. It’s something Andrew Pudzer always opposed in his adopted state, where the Midwest lawyer moved and succeeded in building up a once-failing fast-food chain.cook

Pudzer, President Donald Trump’s pick for Secretary of the U.S. Labor Department, was an outspoken critic of the tight workplace regulations in California. These included mandatory rest breaks, which he asserted were unfair particularly in the restaurant industry as he complained it meant businesses were understaffed just as the rush of customers were coming in. He argued that the laws passed to protect hourly workers resulted in a “nanny state,” which he said flew in the face of capitalism.

But Pudzer’s company displayed time and again exactly why laws are needed to protect our workers. Ultimately, his business ended up paying out millions of dollars for class action lawsuits that alleged wage-and-hour theft and other workers’ rights laws. He is CEO of a restaurant group that franchises, licenses and operates several fast-food chains, including Hardee’s and Carl’s Jr. Continue reading

Workers hired to clean up asbestos are dealing with one of the most dangerous substances in the world. Asbestos exposure is known to cause latent diseases such as lung cancer, asbestosis and mesothelioma. These conditions can be aggressive and, in the case of mesothelioma, is terminal. The substance was used in so many building and construction materials in the last century, and its removal in renovation and demolition requires specially-trained crews who must be meticulous in their safety precautions.asbestos

Now, prosecutors are alleging that a group of these workers was denied proper wages and benefits. The case is emerging from the Boston, Mass. area, where many of the older buildings are riddled with these cancerous fibers. The region is going through a construction and renovation boom, and that means asbestos removal and demolition contractors are very busy right now. But the U.S. Justice Department asserts that is no excuse for cutting corners when it comes to workers’ wages.

Asbestos abatement jobs in the state totaled nearly 26,000 last year, which was a 65 percent uptick just over what it was five years ago. This boom will continue so long as renovations and demolitions of older structures continue.  Continue reading