Articles Tagged with California employment lawsuit

Commercial trucking carrier J.B. Hunt has agreed to pay a $15 million settlement in an employment lawsuit over trucker pay, weeks after the original class of 11,000 was de-certified. Los Angeles wage dispute lawyers following the case recall the firm had sought intervention from the U.S. Supreme Court, arguing interstate drivers in California should be exempt from state law mandates on meal and rest breaks.Los Angeles wage dispute attorney

In Ortega v. J.B. Hunt Transport Inc., originally filed more than a decade ago, plaintiffs asserted the commercial trucking company failed to pay drivers in accordance with California wage-and-hour laws. Truck drivers in California (like all other employees) are entitled at minimum to receive 30-minute breaks for every 5 hours in which they work. It was the carrier’s position that a federal law passed in 1994 preempted this requirement by asserting that state statues couldn’t interfere with laws pertaining to interstate trucking.

Wage dispute lawyers in California know that the trucking industry lobbied hard – for years – to pass the Denham Amendment to that 1994 law, which would have effectively voided California’s law and any other state that attempted to pass one similar. Absent that amendment, states have the right to override this provision. The effect in California is that a truck driver over the course of an 11-hour shift would be required to take two, 30-minute breaks. Defendant in this case isn’t the only one to face scrutiny after workers alleged they also were denied state-mandated breaks from their employer. Continue reading

They might share a name, hours, and overarching rules, but according to the U.S. District Court for the Central District of California,employment attorneys  7-Eleven franchisees are not direct employees of 7-Eleven. In the original employment lawsuit complaint, filed by a group of four franchisees, plaintiffs pointed to 7-Eleven’s restrictive rules, alleging they were unable to run a truly independent franchise and therefore qualified them as employees of the parent company. But the court ruled plaintiffs did not sufficiently demonstrate an employee-employer relationship. Our employment attorneys experienced in wage and hour lawsuits know this could set a significant precedent for current and future cases involving franchises.

According to National Law Review, plaintiffs attempted to make a case based on a few factors:

  • The requirement that franchisees remain open 364 days a year for 24 hours a day.
  • 7-Eleven distributes payments to all employees.
  • 7-Eleven sets rules for pay practices, discipline, terminations, and performance appraisals.

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Last year, the California Department of Fair Employment and Housing put in place new regulations to protect employees from discrimination for gender transgender discriminationidentity and gender expression in the workplace, as outlined in the CA Code of Regulations, Title 2, sections 11030, 11031, and 11034. We are proud that California has always been on the forefront of such protections and our legal team continues to push for rights of groups vulnerable to workplace discrimination.

However, we know many people throughout the country remain a target for gender expression discrimination.

The attention of the nation is currently on Wal-Mart Stores Inc., which recently was sued by a transgender woman, who alleges she was fired after complaining to management about harassment she said she experienced on the job. She also filed charges with the U.S. Equal Employment Opportunity Commission.

According to an article from Reuters, plaintiff worked for 11 years at a Sam’s Club (owned by Wal-Mart) in North Carolina. She claims to have endured harassment in her supervisor position in the company, alleging employees called her numerous slurs and her boss made unwanted physical advances. She alleges she was fired in 2015 after she complained about the hostile work environment, which she said had been escalating for a number of years since she began her female gender expression in 2008. Continue reading

According to a recent news article from The Los Angeles Times, the prevailing wage for construction workers in California is at the forefront of a growing debate over housing.  This is a fairly complex issue when we look at the definition of the prevailing wage and how it works in practice.

LA employment lawyerThe prevailing wage is the leading wage paid to construction workers in our region. There is a prevailing wage for each of the 25 different types of construction workers.  For example, the common wage of masonry workers is the prevailing wage for that class of worker.  There is a prevailing wage for all other construction trades, such as plumbers or electricians. Continue reading

About a year ago, the owners of several high-end restaurants in California and New York decided that they would institute a strict “no tipping” policy for all restaurant employees and instead pay the servers and other workers a higher hourly wage.

booze-1481628This no tipping model was created as a way to help workers earning what is often referred to as a living wage.  The model was based on the typical plan in which restaurant workers get paid.  Employees earn a very low minimum wage (typically less than $3 per hour) and then earn tips on top of that hourly wage.  If the server does not earn enough in tips to equal the standard minimum wage for workers who do not earn tips as a substantial part of their wages, then the employer pays the difference. Continue reading

Many people who stay in hotels, even very expensive luxury hotels, will leave all kinds of trash for housekeepers to deal with.  According to a recent news article from NBC Los Angeles, this often includes medical waste that must be specially handled and safely disposed of in an approved receptacle.

syringe-1535962While the hotel chains are required to show a safety video to housekeepers and other hotel staff, according to a complaint filed by the employees of one high-end hotel in Beverley Hills, many workers claim they are not provided with the waste disposal equipment and other safety equipment featured in the worker safety video.  In other words, their employer is telling them they are aware of the problem, want employees to know there is a hazard and the safe way to handle medical waste, but allegedly does not want to spend the money providing workers with the necessary tools to complete this task. Continue reading

A woman who practices Catholicism says she was wrongfully terminated from her job at a bottled water company in Nevada because she refused to convert to Scientology.holybible

The employment lawsuit asserting religious discrimination alleges the worker was under pressure to watch pro-Scientology videos and was turned down for a pay raise when she did not show interest in switching faiths.

Based in Las Vegas, the company, Real Alkalized Water (also known as AffinityLifestyles.com) is owned by Nevada state Assemblyman Brent Jones, a Republican. His son, who is vying for an open state Assembly seat in the November election, is the executive vice president of the firm.  Continue reading

A California employment lawsuit against ride-sharing service Lyft was settled with an interesting compromise. driver

Workers involved in the class-action lawsuit asserted they were in fact employees, entitled to all the legal protections that entails. However, the mobile app argued the drivers were independent contractors, meaning they wouldn’t be entitled to minimum wage, workers’ compensation, overtime and other benefits.

Now, Reuters reports the company has agreed to expand certain worker protections and it’s paying $12.25 million to the drivers who are party to the lawsuit. However, it has not agreed to label the drivers employees. For the business, this eliminates a significant threat to its business model, but it could still leave drivers in a vulnerable place.  Continue reading