Articles Tagged with L.A. wage and hour lawyer

For many Americans who struggle to get enough hours at their jobs, the chance to work overtime is welcomed.  The reason for this is that being paid time and a half for any hours over 40 in a given week means a bigger paycheck.

marijuana lawyerHowever, there are those who are not looking to work overtime, because that takes away time from their families and may interfere with their ability to work second or even third jobs, as this is an unfortunate reality for many workers these days, because a single job will not pay enough to let a person take care of themselves and their families.

For these people, the fact that they will be earning overtime pay helps to ease that burden and makes it more palatable.  However, according to a recent report from CNN, the U.S. House has just passed a bill that would allow employers to not pay overtime.  Continue reading

California has some of the best state-level worker protection laws in the country. It’s something Andrew Pudzer always opposed in his adopted state, where the Midwest lawyer moved and succeeded in building up a once-failing fast-food chain.cook

Pudzer, President Donald Trump’s pick for Secretary of the U.S. Labor Department, was an outspoken critic of the tight workplace regulations in California. These included mandatory rest breaks, which he asserted were unfair particularly in the restaurant industry as he complained it meant businesses were understaffed just as the rush of customers were coming in. He argued that the laws passed to protect hourly workers resulted in a “nanny state,” which he said flew in the face of capitalism.

But Pudzer’s company displayed time and again exactly why laws are needed to protect our workers. Ultimately, his business ended up paying out millions of dollars for class action lawsuits that alleged wage-and-hour theft and other workers’ rights laws. He is CEO of a restaurant group that franchises, licenses and operates several fast-food chains, including Hardee’s and Carl’s Jr. Continue reading

Workers hired to clean up asbestos are dealing with one of the most dangerous substances in the world. Asbestos exposure is known to cause latent diseases such as lung cancer, asbestosis and mesothelioma. These conditions can be aggressive and, in the case of mesothelioma, is terminal. The substance was used in so many building and construction materials in the last century, and its removal in renovation and demolition requires specially-trained crews who must be meticulous in their safety precautions.asbestos

Now, prosecutors are alleging that a group of these workers was denied proper wages and benefits. The case is emerging from the Boston, Mass. area, where many of the older buildings are riddled with these cancerous fibers. The region is going through a construction and renovation boom, and that means asbestos removal and demolition contractors are very busy right now. But the U.S. Justice Department asserts that is no excuse for cutting corners when it comes to workers’ wages.

Asbestos abatement jobs in the state totaled nearly 26,000 last year, which was a 65 percent uptick just over what it was five years ago. This boom will continue so long as renovations and demolitions of older structures continue.  Continue reading

A wage-and-hour lawsuit filed in Texas by a nurse at a large hospital alleges the health system docks the pay of nurses each shift for 30 minutes, but they aren’t actually allowed a 30-minute meal break. Instead, nurses are expected to remain on duty for the duration of their shift. nurse

According to the Houston Chronicle, plaintiff is seeking class-action status for her and 4,000 other nurses who she says should be paid for the time they spend with patients on “phantom” lunch breaks. The lawsuit was filed in a federal court in Houston. Plaintiff asserts the hospital system’s payroll program automatically takes out 30 minutes for meal periods every shift, even though nurses don’t actually get 30 minutes uninterrupted in any given shift. Instead, nurses have to be available the entire shift to care for and attend to patients.

In California, the Department of Industrial Relations holds that companies can’t force an employee to work more than five hours in a given day without providing the worker meal breaks of at least 30 minutes. The only exception is if the worker’s entire work day is no more than six hours. In that case, the meal break can be waived – but only if both the employer and employee mutually consent to it. Further, workers are entitled to a second, 30-minute meal break after 10 hours, except if the employee is going to be working no more than 12 hours and there is mutual consent from both employee and company. (Some variations exist within the motion picture industry.) Continue reading

Wells Fargo may have won the most recent round of wage and hour theft litigation, but the scrutiny it appears is far from over. worker

In Richardson v. Wells Fargo Bank, plaintiffs allege defendant violated the Fair Labor Standards Act by improperly classifying them as exempt employees, and thus failing to pay them the appropriate overtime they were due. Specifically, these were home mortgage consultants that were classified as being exempt from overtime .However, plaintiffs were also members of a class that had settled a class action lawsuit in California over these FLSA claims. The members had opted out of that settlement, but the district court ruled the previous settlement precluded this lawsuit and satisfied due process requirements. The U.S. Court of Appeals for the Fifth Circuit reviewed and agreed, affirming district court’s grant of summary judgment for defendant.

But that isn’t likely to be the end of Wells Fargo’s legal woes. CNNMoney has been following the newest wage theft violations, which has drawn the attention of the U.S. Occupational Safety & Health Administration (OSHA), which is reportedly now investigating after receiving “a number” of whistleblower complaints from the bank’s workers over the last five years.  Continue reading

The U.S. Department of Labor should investigate alleged wage theft by Chipotle Mexican Grill, says U.S. Congresswoman Rosa DeLauro of Connecticut. restaurant1

The burrito chain, which last year grappled with a host of food safety problems, is now facing down allegations from 10,000 current and former workers who have joined a federal lawsuit alleging the company failed to properly pay them for the hours worked.

If the allegations are true, DeLauro said, this would be a direct violation of federal law, and would fall under the purview of the DOL. If the agency were to launch an investigation, regulators would have the power to impose federal fines.  Continue reading