Articles Tagged with Los Angeles wage and hour lawyer

A proposed class action lawsuit by so-called “trimmigrants” against a California cannabis company alleges that workers were compelled to work extended hours in difficult conditions without meal breaks, overtime pay or an accurate accounting of their wages. Los Angeles cannabis employment attorney

The workers, whose duties included growing, harvesting, bucking and hanging marijuana plants to dry before placing them in large freezers for shipment, were largely young immigrants, often undocumented. This, they say, was used by their employers to exploit them.

The 11-count complaint against the marijuana farming company asserts the company:

  • Compelled workers to toil 7-days-a-week for 12 hours daily;
  • Refused to provide rest or meal breaks, as required by law;
  • Declined to reimburse employees for work-related expenses such as travel and meals;
  • Provided workers with a flat $15-and-hour rate of compensation, no matter how many hours they worked;
  • Failed to keep reliable, accurate records of worker hours, in violation of FLSA’s mandates on proper record-keeping.

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January 2020 will mean higher wages in 22 states for some 7 million workers, who can expect to earn more than $8 billion in additional income over the course of the year. Los Angeles wage and hour lawyer

The wages hikes are the result of legislation, inflation adjustments and ballot measures. Twenty states still use the federal minimum wage of $7.25.

In California, nearly 17 percent of the state’s workforce will be affected by a legislative increase of $1 to minimum wage earnings, bringing the state minimum wage to $13 effective January 1st. In all, nearly 3 million workers in the state can expect an annual increase of $4.3 billion. The average worker will bring home approximately $1,500 more per year.

Wage increases across the country ranged from $0.14-an-hour (Minnesota’s inflation adjustment) to the $1.50 higher minimum wage ceiling in New Mexico, thanks to legislative action.

The schedule for California minimum wage phase-in requirements per 2016’s SB3 that workers can expect an increase of $1 additional every year through 2023. For workers with 25 employers or fewer, that means $12/hr as of Jan. 1, 2020, $13/hr as of Jan. 1, 2021, $14/hr as of Jan. 1, 2022 and $15/hr as of Jan. 1, 2023. For workers employed by a company with 26 or more employees, it’s $1 higher than that for each year respectively, meaning next year the minimum wage for those workers will be $13/hourly, capping at $15/year in 2022. Continue Reading ›

Nursing is a demanding profession, complete with grueling 12-hour shifts, dangerous conditions, dangerous patients and often seemingly very little time to stop for the restroom or eat a meal. Hospitals, nursing homes and rehabilitation facilities nationwide often require mandatory overtime as part of standard practice, given the nursing shortage the profession is experiencing, per the American Association of Colleges of Nurses. However, California law expressly prohibits mandatory overtime and nurses do have the right to refuse to work overtime and are protected from retaliation for their refusal. Nurses can’t be required to work more than 12 hours in a 24-hour period, the only exception being an emergency. Los Angeles wage and hour lawyer

Further, under the federal Fair Labor Standards Act requires that all non-exempt employees are paid at least the federal minimum wage for all hours worked and overtime pay for any hours worked over 40 in a given workweek. Hospitals and any other institutions primarily engaged in the care of sick, aging or mentally ill are covered employers per Section 3(s)(1)(B) of the FLSA. Some health care facilities track employee hours in increments of 15 minutes, and the FLSA does allow these facilities to round to the nearest quarter hour for wage and overtime hour purposes. However, an employer who always rounds down may violate the minimum wage and overtime requirements.

Recently in Oregon, which has similar workplace protections for nurses in terms of wage and hour laws, a hospital system is being sued for failure to properly pay its nurses, denying them meal and rest breaks and improperly docking their wages. They’ve filed a federal class action lawsuit against the health care chain of hospitals, according to The Oregonian. The hospital allegedly failed to compensate non-exempt nurses for their work during meal breaks and also for work they performed while they were off-the-clock. Continue Reading ›

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