Articles Tagged with employment lawsuit

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 ›

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