Articles Tagged with California wage and hour attorney

A quick internet search reveals dozens of jobs are listed at Amazon’s distribution and fulfillment center in Irvine, California (right here in Orange County) ranging from warehouse fulfillment to Whole Foods Shoppers. But there may be a reason such positions are constantly in rotation. Recently, Business Insider reported more than 200 delivery drivers are suing both Amazon and one of its third-party courier companies, TL Transportation, over claims of wage theft / unpaid wages.wage lawsuit

Orange County employment law attorneys have seen allegations of labor law violations by employees and designated independent contractors for the e-commerce giant and its partners piling up in recent years. Plaintiff lawyers say the company is using third-party contractors for its delivery posts in order to avoid legal liability for violations of state wage and hour laws. Third-party courier firms like TL, plaintiffs say, are tiny and thinly-capitalized, meaning they are unable to pay up when workers are cheated of rightful wages and mandated work breaks.

Just last month, a federal judge ruled this third-party courier’s pay system – which involved a flat rate for all delivery drivers, regardless of hours worked – failed to pay drivers properly, particularly with regard to overtime hours. It’s unclear precisely what Amazon’s liability will be in this, but our employee rights attorneys understand the class action lawsuit seeks to hold both firms accountable for willfully crafting an employment and pay structure that skirts labor laws and skimps on rightful pay. Continue reading

A bill labeled “Dignity in the Driver’s Seat” has been introduced in the California State Senate, taking aim at port trucking companies’ exploitation of workers and failure to pay up for affirmed violations. This bill would make retailers who work with offending trucking companies jointly liable for their actions. Previous efforts have taken aim solely at offending trucking companies, but so many of these violators are still operating – despite unpaid final judgments on their records. This proposal strikes at their bottom line.wage dispute

Sen. Ricardo Lara (D-Bell Gardens) introduced SB-1402 in an attempt to rein in current outstanding violations by port trucking companies as well as prevent future issues. The bill proposes creating a list of those trucking companies that have unpaid final judgments and distributing it to retailers. Retailers would then be issued a warning: Do business with any of the companies on the list, and you will have to pay in part for any future violations committed by that company.  Continue reading

Californians have some of the best employee protections in the country. Our state has worked hard to establish fair wages, decent hours, and laws that are in the bestwage dispute interest of workers. Rules are put in place to discourage employers from overworking employees, and in situations where that is necessary, offering ample compensation. But that doesn’t mean employers will always play by the rules.

Two employees, on behalf of all other affected employees, filed a lawsuit in Superior Court of California, County of Fresno against L’Oréal USA on allegations the company did not fully pay overtime wages and did not provide proper meal breaks. More specifically, plaintiffs allege L’Oréal forced employees to clock out, and then would require them to stay for loss prevention inspections. These inspections were a mandatory part of the job and were performed during times when employees were no longer being paid for their time. When performed during a lunch, this meant employees were not receiving the full meal break as required by law.

In addition to performing inspections during people’s meal breaks, plaintiffs allege that the intense workload at L’Oréal caused them to sometimes miss meal breaks entirely or work through portions of their designated break time. According to the lawsuit, plaintiffs also claimed they were denied 10-minute rest breaks(required for every four hours on the clock) occasionally when the production schedule was especially tight. Continue reading

Any good employment lawyer will tell you that employee rights laws and wage disputes aren’t just about holding corporations accountable. At the core, these actions are about protectingwage dispute people, defending their humanity, and ensuring vulnerable workers aren’t taken advantage of. We have come a long way over the decades to expand those protections and increase quality of life for more hard-working citizens in California and beyond.

Unfortunately, there are still a number of industries wherein worker protections are scant. Such is the case in Seattle, where the recently formed Seattle Domestic Workers Alliance is pushing for a Domestic Workers Bill of Rights, according to a report from Curbed Seattle. This would include mandated contracts between domestic workers and those who employ them, as well as a commission to oversee domestic labor standards. As our employment lawyers can explain, a domestic worker is someone who works within the household of their employer. This could be a nanny, housekeeper, in-home caregiver, cook, gardener, etc. And right now, in Seattle, this group is feeling more pressure than other workers to try to make ends meet.

A recent survey from SDWA illustrated the issue. Researchers surveyed 174 of the 30,000 domestic workers, focusing on nannies, gardeners, and house cleaners. Results showed 81 percent of respondents would be classified as “very low-income” using standards set by Department of Housing and Urban Development. They said they do not receive the same protections as other employees: 53 percent responded they did not receive overtime pay; 39 percent said they receive no sick time; and 85 percent said they are not protected by workers’ compensation in the event of an injury on the job. Benefits are even more measly, with 54 percent of respondents having insurance – only 6 percent of that provided by an employer. More than one-third of these workers get no vacation days and a whopping 94 percent do not get paid family medical leave. Continue reading

Gender equality in the workplace has been a long and hard-fought struggle, and it’s not over yet. Recently, a pay equity bill passed in Washington state that will make it more clear what constitutes wage and gender discrimination, ultimately fortifying employee rights. gender discrimination

HB 1506 updates a  75-year-old wage law making it a misdemeanor to discriminate based on gender, according to a report from KING 5 News. This measure will not only make it illegal to discriminate based on gender, but levelthe playing field for all employees. This is achieved in two substantial ways.

First, the measure defines what it means for “similarly employed” workers to receive equal compensation. As our employment attorneys can explain, many companies skirt the issue of “equal pay for equal work” by giving employees different titles, even though the tasks and work load are similar. In the past, employers could argue that because the jobs technically weren’t the same, wage comparisons were not relevant. By moving the goalpost to include “similarly employed” workers as deserving equal pay, Washington has removed this loophole and made sure that those with similar responsibilities and skills remain on a level playing field. Continue reading

Employees got a big win in California Supreme Court recently in a case that ruled on interpretation of guidelines regarding overtime wages. The case in particular wage and hour disputeexamined what formula should be used to calculate overtime wages and whether companies should follow Division of Labor Standards Enforcement rules or federal standards. Plaintiff said company was undercutting his pay by using the federal formula rather than following California rules, which give more favor to employees. And the high court, thankfully, agreed.

Overtime rate of pay is usually calculated using a formula of 1.5 times the regular pay rate. If an employee makes an hourly wage and nothing else, the calculation is easy. For example. someone who earns $12 per hour would receive $18 per hour once they rolled into overtime hours. But there are different interpretations as to what the calculation would be when an employee has additional income that needs to be included, such as a flat sum bonus, according to a Bloomerg report. That’s the crux of the case at hand.

Defendant in this case was a manufacturing company that paid workers an extra $15 bonus for each Saturday or Sunday they worked. The bonus was the same regardless of how many hours were worked on that shift. Defendant was using the federal formula for calculating the overtime rate of pay, which adds up all income earned and divides by all hours worked, including the overtime hours. A lower appeals court sided with the company, sending the case up to the state Supreme Court.

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With the fast-paced growth of the gig economy, the line between independent contractors and employees has become more and more blurred. This has led to employee misclassification lawsuits employment misclassificationfiled by workers, claiming employers have taken advantage of their independent contractor status.

Those lawsuits could have a more clear outcome after U.S. District Court for the California Northern District filed a decision in a lawsuit against GrubHub Inc., according to Los Angeles  Times. U.S. Magistrate Judge Jacqueline Scott Corley Judge ruled GrubHub’s drivers are independent contractors and should not be classified as employees, and therefore will not receive the perks that come with that identifier.

Maintaining a workforce primarily made up of independent contractors is at the heart of the gig economy. Services like Uber, Lyft, Grub, Postmates, and others will often identify their companies as services that connect customers with contractors, rather than the providers of those services. That way they can work around supporting a staff of employees, and reap the benefits of massive cost reductions. Meanwhile, drivers and delivery people are beholden to the companies they contract for while being burdened with costs associated with the work they do without reimbursement. Continue reading

According to a report last year by CareerBuilder, research conducted on behalf of the site shows 78 percent of American workers live paycheck-to-paycheck. The numberwage dispute attorneys breaks down further: 38 percent responded they sometimes live paycheck-to-paycheck, 17 percent said usually and 23 percent answered always. The overall percentage goes up for women (81 percent).

CareerBuilder’s chief human resources officer described these employee financial struggles as a problem for employers, citing that stressed out workers are less focused and less productive. Still, while a happy workforce can help financial standing long term, many employers can’t help but focus on immediate gains made by keeping wages as low as possible. Others may go as far as to dig into those already low wages even further to pad out their bottom line by making employees cover expenses related to the job.

This is what about 250,000 former and current employees of Abercrombie & Fitch, Hollister, and other affiliated stores are claiming happened to them, as far back as 2009, according to a report from The Columbus Dispatch. Workers alleged they were forced to buy and wear clothing from their stores on the job, though the company denies these claims. Continue reading

Wage and hour disputes in Los Angeles are an increasingly common complaint. Employers sometimes cut corners to avoid paying workers the full amount. In some instances, workers are mis-classified as independent contractors rather than employees, depriving them of receipt of important benefits, such as workers’ compensation and overtime pay.

This is increasingly becoming problematic in this digital age, as a recent case out of Northern California highlights. The San Francisco Chronicle reports an employee of a major online retailer is claiming the employer is not giving breaks and not paying overtime at his employment location.

employment discrimination lawyersOf course, it is possible for employers to make an honest clerical error and short a paycheck merely by accident. However, even then, the employee should be able to point out the mistake and get the issue resolved fairly quickly.  If the employer is not willing to promptly correct the payroll issue, this is a good sign there may be bigger problems at hand. Continue reading

Employee misclassification is a major violation of California labor law that happens far to often. The issue is whether a worker is an actual employee or an independent contractor. An employee works for an employer and is under the direct supervision of the employer, manager, or supervisor.

employment rights lawyersEmployees are told how to do the job, and most if not all aspects of the job performance are governed by the employer.  The employee also is entitled to benefits including health care and, if they work more than 40 hours in a pay week, are entitled to overtime assuming they are paid by the hour as opposed to being on salary.  Continue reading