Articles Tagged with employment lawsuit

Mistreatment of immigrant employees unfortunately happens all too often, as some employers take advantage of workers’ lack of English skills and fear of potential deportation. Holding these firms accountable for such discrimination is a primary goal of our L.A. employment discrimination lawyers. employment discrimination

One’s immigration status or language skills should have no bearing on the way a company treats its workers.

Recently in Illinois, two restaurants and an employment agency were ordered to pay nearly $215,000 in back wages and penalties to a number of immigrant workers who were both mistreated and underpaid. Defendants in the matter – a sushi restaurant, a hibachi restaurant and an employment agency in Chinatown – are all expected to abide the consent decree. A judge will be in charge of overseeing the execution of the settlement, which partly requires the businesses to make a notable change in their employment practices.  Continue reading

A judge in California has ruled on an employment lawsuit, ruling in favor of the airline in finding out-of-state workers with limited attendance in the state aren’t entitled to protections under California’s wage-and-hour laws. airplane

The class action litigation, to which four flight attendants had been a party to, alleged their airline employer had violated California’s Labor Code. They argued that because they were frequently stationed in the state and because state law governs their scheduled work for that pay period, they should be entitled to the benefits that come with that.

However, the judge favored the employer, finding the workers were hardly ever in California, which meant they weren’t eligible for California’s legal workplace protections – specifically, the wage and hour laws. Further, the fact that the airline is not headquartered in the state bolstered the defense.  Continue reading

Businesses in California don’t have keep a running tally of paid time off or vacation hours accrued on worker paychecks or wage statements, according to a new state appeals court ruling. hotel

In Soto v. Motel 6 Operating, L.P., plaintiff alleged employer violated California Labor Code section 226, subdivision (a), by not including the monetary amount of vacation pay/ PTO on employees’ wage statements. A three-judge panel for California’s Fourth Appellate District disagreed, affirming the lower court’s ruling in favor of the company after it was sued by a former worker in 2015.

Plaintiff worked for the hotel chain for almost three years, from 2012 to 2015. A few months after she left the company, she brought a representative Private Attorney General Act of 2004 (PAGA) action for a violation of the aforementioned statute. The law says, in part, that every employer shall on a semimonthly basis at the time of payment of wages give each employee an accurate, itemized statement that shows in writing:

  • Gross wages earned;
  • Total hours worked (except those based on salary who are exempt from overtime);
  • Number of piece-rate units earned;
  • All deductions;
  • Net wages earned;
  • Inclusive dates of the period for which employee is paid;
  • The name of employee and last four digits of his/her social security number with wage statements that set forth “all vacation and PTO wages accrued during the applicable pay period.”

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A California employment lawsuit against ride-sharing service Lyft was settled with an interesting compromise. driver

Workers involved in the class-action lawsuit asserted they were in fact employees, entitled to all the legal protections that entails. However, the mobile app argued the drivers were independent contractors, meaning they wouldn’t be entitled to minimum wage, workers’ compensation, overtime and other benefits.

Now, Reuters reports the company has agreed to expand certain worker protections and it’s paying $12.25 million to the drivers who are party to the lawsuit. However, it has not agreed to label the drivers employees. For the business, this eliminates a significant threat to its business model, but it could still leave drivers in a vulnerable place.  Continue reading