Articles Tagged with Costa Mesa wage and hour lawyer

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.

Efforts at both the state and federal level have boosted the level of workplace protection for home health aides, nannies and other domestic workers.elderly

Our Costa Mesa wage and hour attorneys understand that two separate measures will extend minimum wage and overtime protection to these workers, many of whom historically had been treated under the law as little more than “babysitters.”

Advocates for low-wage workers say such measures will go far in ensuring that these workers – primarily female minorities – will be treated equally under the law.

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.

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.

A new survey released recently by Inc.com indicates that roughly 20 percent of small business owners are voicing preference for independent contractors over full-time employees. worker

Part of the reason reportedly has to do with employer requirements under the soon-to-be-enforced Affordable Healthcare Act, but our Costa Mesa wage and hour lawyers recognize that employers likely see other benefits too.

Among the pluses noted by employers: