Articles Tagged with California wage and hour lawsuit

A class action lawsuit on behalf of college football players alleges violations of minimum wage laws. Filed by a former university player who went on to play for the NFL and now the CFL, accuses the NCAA and many Division I schools of refusing to pay student athletes as they should.minimum wage law violation

The action – the latest in a string of wage and hour lawsuits against the NCAA by its athletes – follows a recent decision by the league to allow players to profit from their own name, likeness and image, the plaintiff says, isn’t enough. That decision came shortly after California passed a law allowing college athletes to sign endorsement deals. That could end up being a huge break for amateur players, but the reality is, those kind of offers are only going to be available to a select few players. Other students employed by the universities or the NCAA are paid – those who sell the popcorn, those who tear the tickets – why not the players on the field? For most of the players, these games aren’t hobbies – they’re the start of a career. Both training and games are taken on at no small physical risk and personal sacrifice.

The primary plaintiff in the case, who played for the school between 2013 and 2016, asserts that student athletes should be classified similarly to student employees, even more so than the work-study students who are hired to actually work at college games. In his statement, he insisted he wasn’t seeking hundreds of thousands of dollars for any one player, but that it seemed unfair that the NCAA – which brings in close to $1 billion annually – continues to insist the athletes be paid nothing at all. Continue reading

The joint employment of a fast-food franchisor can’t be established in California employment lawsuits just because the company asserts control over the franchisee’s branding. Instead, the U.S. Court of Appeals for the Ninth Circuit ruled that plaintiffs will need to show sufficient control over things like worker hours, wages and job conditions under numerous legal theories. wage and hour lawyer

In the case before the Ninth Circuit, Salazar v. McDonald’s Corp., the court held that the McDonald’s Corporation didn’t exercise sufficient control over the workers at a Bay Area franchisee to be held as a joint employee for alleged violations of state wage laws. 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

A popular Bay Area restaurant chain is facing down accusations of California wage violations for failure to properly pay its kitchen staff, according to media reports. The workers accuse the company, Burma Superstar, of:

  • Failing to pay minimum wage;
  • Denying workers overtime pay;
  • Refusing workers breaks;
  • Wrongly refusing workers sick leave. asianfood

The chain is famous for its tea leaf salad, which has become wildly popular in recent years. The kitchen staffers say they prided themselves on doing a good job and worked hard to make the chain successful. The fact that they were denied fair wages was an affront not just to their finances, but to the loyalty and dedication they had shown to the job.

Workers are now pursuing class action status for the lawsuit, which was filed in Alameda County Superior Court. Plaintiffs are asking for back wages, attorneys fees and other penalties. Continue reading

According to a recent news article from the Inland Valley Daily Bulletin, domestic workers participated in a demonstration in support of a proposition that would provided overtime for domestic workers permanently.  There is currently a law that provides for overtime pay for domestic workers, but it was a done via a piece of legislation that is set to expire at the end of 2017.

Fears-of-Min-WageWhen a new and possibly controversial bill is being proposed, it will sometimes include a date at which it is no longer in effect as part of an effort to gain more support.  This is known as a sunset provision in the law. The law that is currently in effect is known as the Senate Bill 105 (SB 105) that first went into effect in January 2014 and was set to expire in in December 2017.  Continue reading

Statistically speaking, California has a larger number or low wage jobs than many other cities and states across the country. Part of this is result of the large variety of employment opportunities throughout the state, and part of it is a long history of California’s employers taking advantage of the working poor.agreement

advertisementAccording to a recent article from The Berkeley Blog, low-wage jobs may be California’s Achilles’ heel. A study referenced in the article showed that, in 2014, around one-third of all workers in the state of California earned less than $14 per hour. This equates to around 5 million workers, and most of them are adults working full-time to support their families. To make matters worse, they have an average annual income less than $16,000, and the vast majority of them does not have any health insurance, benefits, or receive overtime pay. Continue reading

Two federal judges in California have ruled that it should be up to a jury to decide whether drivers for on-demand ride serves Lyft and Uber should be classified as independent contractors or employees. carsassorted

The reason it matters is because if the drivers are in fact employees, the companies have been misclassifying them, and in term denying them important employment benefits, such as workers’ compensation, unemployment, minimum wage and overtime. They also aren’t reimbursed for gas or car maintenance expenses.

Lawsuits filed against both companies in California are pursuing a request to obtain class action status.

As the U.S. Supreme Court begins another session this month following its summer recess, there are a number of pending cases that could have a significant impact on labor and employment law. uscapitol

While our Costa Mesa wage and hour lawyers want to be hopeful about the outcome of these cases, the reality is that the court did not hand out many decisions that favored workers during the last term.

The 2012-2013 term resulted six-out-of-six “wins” for employers. These decisions aided employers in a number of ways. In general, those included making it easier to win cases against them, discouraging such cases from being filed in the first place, making it tougher to obtain class action status and clearing the way for more cases to be decided via arbitration, which is generally considered more favorable to the business than the worker.

California has always been a trailblazer. work

The latest new territory involves being the first state to raise hourly minimum wage rates to double digits – $10-an-hour by 2016, per a bill that recently received Gov. Jerry Brown’s signature. In the interim, the rate will graduate to $9 hourly by next summer.

While this is good news, we fully anticipate this change will coincide with a rise in California wage and hour lawsuits.

Historically, large restaurant chains have been one of the top violators of federal and state wage and hour laws in the U.S. drinks

This may have to do with the fact that the restaurant industry is unique in the way it is permitted to structure its pay (on the basis of tips). The hours are usually not the typical 9-to-5, and it is typically lower-level staff (servers, bussers, line-cooks and hosts) who are exploited.

Outback Steakhouse is no exception. Our Costa Mesa wage and hour lawyers have learned the latest claim against the chain is a class action that stems from a group of Nevada employees. They allege the company failed to provide them with breaks to which they were legally entitled, mandated they begin working prior to the start of their shifts and discriminated against nursing mothers by not providing enough break time or private settings for them to pump milk.