Articles Tagged with California wage and hour attorney

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

Wage and hour disputes are one of the most prevalent issues handled by Los Angeles employment attorneys.  Yet another California wage-and-hour dispute was reported by LA Weekly, which revealed workers at high-dollar resort allege being financially swindled by their employer.

employee misclassificationThese workers, all employed in the restaurant and hospitality industry, allege that while working on the more than 100-acre, ritzy Los Angeles area resort they were forced to cut meal periods shorter than the allotted time, clock in for less time than they were actually working and forced to take shuttles from their employee parking area to the resort without compensation, even though this was a very time consuming process and no alternative was offered.  Continue reading

According to recent news article from The Orange County Register, California’s Inland Empire is one of the top areas in the nation for construction jobs.  This claim is based on data from a leading general contractors’ association and includes the number of jobs as of this past April.

Riverside wage and hour disputesRiverside was actually the top overall location in terms of construction jobs available.  There were 14,600 construction jobs added in the past year in Riverside and San Bernardino.  This accounts for around 16 percent of all construction jobs in the county.  This means that if you are living somewhere else and looking for a construction job, you might want to consider getting to Riverside as soon as possible. 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

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

For denying fair wages to hundreds of truck drivers in California, retail giant Wal-Mart will have fork over $54 million in damages. The company may also face additional penalties from the state for violating California labor laws. truck

A federal jury decided a class action lawsuit recently in favor of hundreds of drivers who worked for the company between October 2005 and October 2015. They had been seeking $72 million in damages, so this verdict fell somewhat short, but legal experts agree was a plaintiff victory nonetheless. Additional penalties and damages could push the total amount owed by the firm well past the $150 million mark. The amount of those civil penalties will be determined by a judge.

The seven jurors ruled the company did not properly pay wages to its drivers in adherence to state law for certain activities, including washing and inspecting their trucks and during layovers. Most of the damages claimed by the workers were for the time spent during layovers.  Continue reading

McDonald’s Corp. continues to insist it isn’t a joint employer of workers employed by franchise restaurants. Nonetheless, it agreed to pay nearly $4 million to settle a lawsuit over the labor law violations of a franchisee – and it’s a move that has many other large companies sitting uneasy. mcdonalds

Attorneys for 800 workers employed at five different restaurants owned by a single franchisee announced in a federal district court in California that the international fast-food chain, based in Illinois, would pay $1.75 million in back pay to the workers and $2 million in legal fees. The class action lawsuit alleged that McDonald’s, alongside its franchisee, Smith Family LP, was in violation of California labor laws for its:

  • Failure to pay overtime;
  • Failure to maintain accurate records;
  • Failure to reimburse workers for time they spent cleaning their uniforms.

Continue reading

In Hill v. Delaware North Co. Sportservice, the plaintiffs worked at the concessions at Oriole Park at Camden Yards.  This is the stadium where the Baltimore Orioles play their home games.  This was an employment lawsuit filed over an alleged breach of the Fair Labor Standards Act (FLSA).  The FLSA applies to employees in many situations in this jurisdiction as well as in the state of California.

professionalIn Hill, these employees were working for a company that provides concessions, including the sale of food and merchandise, at the baseball stadium.  These days, it is much more likely that the people who work at a stadium or other type of large event work for a contractor as opposed to the owners of the facility itself.  These contractors, of which there are only couple in each region of the county, will typically handle concessions for many different facilities.  Since there is not full-time work at any one stadium in most cases, it is common for these employees to work at different sporting facilities and convection centers to get more hours.  This is also true in terms of the private security personnel at a sporting event though they are usually employed by a different contractor than the one that handles the food and merchandise concessions. There is no question that sporting events are big business, and this is just part of the business. Continue reading

The U.S. Department of Labor should investigate alleged wage theft by Chipotle Mexican Grill, says U.S. Congresswoman Rosa DeLauro of Connecticut. restaurant1

The burrito chain, which last year grappled with a host of food safety problems, is now facing down allegations from 10,000 current and former workers who have joined a federal lawsuit alleging the company failed to properly pay them for the hours worked.

If the allegations are true, DeLauro said, this would be a direct violation of federal law, and would fall under the purview of the DOL. If the agency were to launch an investigation, regulators would have the power to impose federal fines.  Continue reading

During the nearly completed primary season and prior to the upcoming presidential election, we have been hearing a lot about what the federal minimum wage should be and what other benefits should be provided to every employee across the country.  Regardless of what ultimately happens with the federal election, Los Angeles has been at the forefront of fighting for workers’ rights to fair and appropriate compensation for quite some time.

success1-srb-1237575As discussed in a recent news feature from the National Law Review, beginning on the first of July 2016, employers who have more than 25 employees will be required to pay higher minimum wages and provide at least six sick days (paid) to each employee per calendar year.  For employers with less than 25 employees, they will still need to provide the paid sick days, but they can wait until July 1, 2017 to implement the increased minimum wage.   Continue reading