Articles Tagged with employee misclassification

A California employee misclassification lawsuit appears to be drawing toward a resolution, after plaintiffs – a group of corporate training managers – have asked a federal judge to approve a $2.75 million settlement alleging their employer violated the Fair Labor Standards Act. employee misclassification

Specifically, plaintiffs in Dito, et al v. AT&T Services, Inc. et al alleged in the California Northern District Court that telecommunication giant AT&T wrongly classified them as independent contractors in violation of the FLSA, when in fact they were employees. The goal of the misclassification, plaintiffs allege, was to sidestep legal requirements to pay workers overtime.

The proposal for settlement involves a somewhat unusual structure in that it includes both a common fund for existing class members within the state, as well as an opt-in for those out-of-state who may be class members, but have yet to assert their own claims under FLSA. The settlement would save class members the the risks of individual employment litigation. Even this class action employment lawsuit, were it to continue, could drag on several more years, plaintiff attorneys opine.  Continue reading

In today’s changing marketplace, “gig” employment is becoming increasingly popular. On-demand mobile services for ride-sharing, grocery delivery, restaurant delivery and many other services have created vast income opportunities for those seeking part-time or supplemental income. Unfortunately, this new and emerging labor market has complicated the legal rights of such workers. Many companies and employees experience conflict over the employee’s classification as either an employee or independent contractor. Despite the confusion, it is important to remember that all California workers have legal rights under the Labor Code and other employment laws.employment lawyers

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A $57,500 settlement was reached in an Orange County gender discrimination lawsuit in which plaintiff, an employee of Irvine Range Water District, alleged she suffered system sexism by her superiors. secretary

Although the settlement agreement did not require the employer to concede any wrongdoing, plaintiff’s complaint asserted there was plenty.

According to the lawsuit, plaintiff was hired as an engineering technician for the district back in 2007. Four months later, she was promoted to executive secretary and then the following year, she received another promotion to analyst. However, things began to spiral downward when a new supervisor came on-board.  Continue reading

According to a recent news feature from the Orange County Register, the clothing retailer American Apparel is cutting 300 jobs in Los Angeles and 80 more in Garden Grove. The 80 employees may not be the only ones laid off in Garden Grove as union leaders are preparing for that number to reach 150 in the next week or so.  These jobs are at a processing facility run by the clothing manufacturer in the Los Angeles area.

sadThese employees work as sewers, laborers, and even supervisors at the clothing manufacturing plant. As one might expect, the union that represents these workers in not happy with the all the past and future layoffs and has called for a major picket outside of the company’s factory.  Continue reading

We all know that finding a new job can be difficult.  This is especially true if you are currently unemployed.  As the saying goes, it’s easier to find a job when you already have a job.  However, we talk about finding a new job, many people do not even know where to begin.

iphone5According to a recent news feature from CBS Los Angeles, Mayor Eric Garcetti has just released a new smart phone app designed to help people in the city find jobs. The way the app works is that it searches jobs from various listings and aggregates the results. This includes an average of around 50,000 jobs within city limits and another 100,000 jobs in Los Angeles County. Continue reading

If a worker is classified as an independent contractor, then by the classification’s very nature, the worker is not an employee. In many industries there is a lot of worker misclassification. One of the biggest industries with worker misclassification problems is the construction industry, and, in California, there are a lot of construction workers.

farm-field-views-1444353-mThe reason employers often to try classify all the workers as independent contractors is because it is cheaper when you do not have a pay a worker overtime or give him or her any benefits. Continue reading

A class action lawsuit filed in California’s Northern District Court asserts the drivers who work for Uber are wrongly classified as independent contractors when in fact they should be employees.smartphone1

The ride-sharing service, one of several to crop up in recent years, shot back with a motion asserting the workers are independent contractors, as they have little or nothing in common with one another, aside from having downloaded the company’s digital application at some point in the last six years.

In California, there are approximately 160,000 Uber drivers, and many hundreds of thousands more across the country. Drivers do download an app, which is then accessed by customers who need transportation. In this multi-billion dollar on-demand economy, there are numerous pending cases that question the classification of workers. Continue reading