Articles Tagged with wage and hour lawsuit

It’s being touted as one of the most consequential bills that would bolster employees’ ability to organize that the U.S. has seen in 80 years. The Protecting the Right to Organize Act, H.R. 2474, is slated to go before the U.S. House of Representatives next week, where it’s likely to pass. Unfortunately, it’s unlikely to gain much traction in the Senate, but it does signal an increasing push toward progressive labor legislation.Orange County labor lawyers

If enacted, the PRO Act would alter decades-old federal labor laws to shift more power to workers. This would extend to situations involving:

  • Employer-employee disputes;
  • Penalties for companies proven to have broken labor laws (including retaliation against workers attempting to unionize);
  • Collective bargaining rights for hundreds of thousands of workers who currently don’t have them.

Right-to-work laws, which is exist in 27 states, would also be weakened under the PRO Act. Continue Reading ›

Workers at Disneyland in Anaheim, CA are done with the fun and games – at least when it comes to being allegedly underpaid. The California minimum wage lawsuit says the park’s employees aren’t being a living wage. As a result, many have been forced to sleep in their cars, struggle to feed their families and keep up with basic necessities. Orange County wage and hour lawyers

In the Orange County Superior Court lawsuit, the workers accuse the Walt Disney Corporation of unfair business practices and unlawful conduct. The minimum wage in the City of Anaheim is $15-an-hour by ordinance (it’s currently $12 hourly in the state of California).

The plaintiffs, representing some 400 employees at the park, are pursuing back wages, restitution and damages.

Our Orange County wage and hour lawyers aren’t the least bit surprised to hear this. A survey conducted of 5,000 Disney workers two years ago revealed that nearly 75 percent of the company’s employees don’t earn enough in wages to cover basic expenses every month. More than 50 percent said they’d been evicted from their homes. Two-thirds reported they weren’t sure where their next meal was coming from.

So why now? Continue Reading ›

For the most part, business liability insurance policies do cover the cost of defense and settlements in numerous types of employee lawsuits. It usually comes down to the exact language in the policy, but coverage is often extended for claims of sexual harassment, wrongful termination and discrimination. This is of paramount concern to employers, but it’s also relevant to employee plaintiffs in employment litigation because if the insurer doesn’t cover it, the employer will be directly responsible. If the damage award is sizable enough and the company small enough, it could mean you’ll have difficulty collecting on the damage award in your employment lawsuit. wage and hour lawsuit

This is especially pertinent to those filing a claim for violation of California’s wage and hour laws. Many employer liability insurers don’t carry coverage for this type of claim in California. Wage and hour claims are often explicitly cited as an exclusion or else businesses pay a premium for coverage.

However, a recent California Court of Appeal decision paved the way for more wage and hour claims to be covered by employer liability insurers. In Southern California Pizza Company, LLC v. Certain Underwriters at Lloyd’s, London, the appellate panel ruled that wage and hour claims against a pizza shop (for failure to reimburse for reimbursable expenses) was not barred under the business’s policy exclusion on wage and hour claims.

Why? Continue Reading ›

The joint employment of a fast-food franchisor can’t be established in California employment lawsuits just because the company asserts control over the franchisee’s branding. Instead, the U.S. Court of Appeals for the Ninth Circuit ruled that plaintiffs will need to show sufficient control over things like worker hours, wages and job conditions under numerous legal theories. wage and hour lawyer

In the case before the Ninth Circuit, Salazar v. McDonald’s Corp., the court held that the McDonald’s Corporation didn’t exercise sufficient control over the workers at a Bay Area franchisee to be held as a joint employee for alleged violations of state wage laws. Continue Reading ›

Several former chicken plant workers are suing more than a dozen processing businesses, subsidiaries, affiliates and consultant companies, accusing them of conspiring to keep wages and benefits low for workers, overwhelmingly immigrants. The employees filed the wage and hour lawsuit on their own behalf, though the case could eventually encompass thousands of workers if approved for class action status.wage and hour lawsuit

Employee wage and hour attorneys understand the defendants include some of the largest chicken companies in the U.S., responsible for production and processing of some 90 percent of chicken sold in the country.

Price Fixing Allegations

The federal lawsuit alleges the companies took turns paying for annual, secret gatherings of their respective representatives in Florida to share with each other wage and benefit information – which they then used to fix those wages and benefits. Managers of companies would also be in contact with each other throughout the year when new positions would open up, discussing what the wages and benefits would be for the new post. Plaintiffs alleged this led to a pattern of controlling wages. Continue Reading ›

A federal appellate court has requested the California Supreme Court clear up confusion about the state’s employee meal break and rest break laws, which often lead to wage theft claims. Employment attorneys in Orange County recognize this decision handed down by the court could have a significant impact on both employers and workers in the Golden State. wage and hour lawsuit

According to court records from the U.S. Court of Appeals for the Ninth Circuit, Cole v. CRST Van Expedited, Inc., the primary questions the court seeks to answer are:

  • Whether the lack of a formal workplace policy on rest and meal breaks is a violation of state law.
  • Whether an employer’s failure to maintain records of rest and meal breaks results in the rebuttable presumption that they were not provided.

A rebuttable presumption in civil law is when the court assumes something to be true unless it is proven otherwise. An example of a rebuttable presumption in civil litigation would be that a driver in the rear of a rear-end collision is presumed negligent. (In criminal law, the best-recognized rebuttable presumption is that a defendant is innocent until proven guilty.)

In this employment law case, it would mean it could be presumed that meal breaks were not given (due to the lack of records) unless the employer can prove otherwise. Continue Reading ›

California law requires workers be paid overtime provided they are non-exempt salaried workers and log more than 40 hours in a given week.grocery store  employee wage theft

As noted by the California Department of Industrial Relations, the rate of overtime pay is 1.5 times one’s normal wages for every hour over 40, or all hours in excess of 8 in a given workday. Any hours in excess of 12 in a given workday must be paid at double the rate. With very few exceptions (based on the size of the company and traits of the industry) these are the rules.

California Wage Theft Alleged by Grocery Store Worker

Unfortunately, as our Orange County employment attorneys know, far too many employers skirt these rules. A wage and hour lawsuit recently filed against a grocery store chain in Berkley alleges the company systematically denied at least 50 of its workers fair overtime wages. The Daily Californian reports the worker has sought class action status for his claim, alleging numerous wage-and-hour law violations. Continue Reading ›

California has long been an economic powerhouse. And while layoffs have been consistently declining since the end of the Great Recession, the reality is some workers are still facing the possibility of being let go. As our Orange County employment attorneys can explain, companies in the Golden State that fall under the California Worker Adjustment and Retraining Notification (WARN) Act have specific responsibilities – in addition to those offered employees under federal law – to give proper notice to workers and their families in the event of an impending layoff.Orange county employment lawyers

Specifically, affected employees, as well as state and local representatives, are entitled to at least two months (60 days) of advance notice of a plant is closing, relocation or mass layoff. Corporations obligated under this provision are those that employ 75 or more employees – full or part-time. The federal rule for WARN only includes workers who have been with the company at least 6 of the 12 months prior to the date of required notice. If a plant closing or relocation involves 50 or more employees in a 30-day span – regardless of the percentage of that workforce – they need to give notice. (Relocation is defined as any move that is 100 miles away or more). Continue Reading ›

In most California wage and hour employment lawsuits, the entity held accountable by wronged workers is their (sometimes former) employer. Agents of your employer (typically, the owner) are in charge of paying those wages, but generally aren’t deemed responsible if there is a violation of law to do so. In fact, two California Supreme Court decisions in recent years (Reynolds v. Bement and Martinez v. Combs) affirmed this fact. But now, a California appellate court has ruled the lines of liability for unfair wages may not be so black-and-white. It may in fact be possible for supervisors and/or fellow employees deemed responsible to pay both civil penalties and your attorneys’ fees. overtime wage theft L.A.

The case in question, Atempa v. Pedrazzani, before the California Court of Appeal, Fourth Appellate District, Division One, weighed a case filed under the state’s unique Private Attorney General’s Act (allowing wronged workers to sue for labor violations on behalf of the state and keep 25 percent of the verdict or settlement).

Persons Acting on Behalf of Employer Can Be Liable for California Wage Theft Continue Reading ›

A quick internet search reveals dozens of jobs are listed at Amazon’s distribution and fulfillment center in Irvine, California (right here in Orange County) ranging from warehouse fulfillment to Whole Foods Shoppers. But there may be a reason such positions are constantly in rotation. Recently, Business Insider reported more than 200 delivery drivers are suing both Amazon and one of its third-party courier companies, TL Transportation, over claims of wage theft / unpaid wages.wage lawsuit

Orange County employment law attorneys have seen allegations of labor law violations by employees and designated independent contractors for the e-commerce giant and its partners piling up in recent years. Plaintiff lawyers say the company is using third-party contractors for its delivery posts in order to avoid legal liability for violations of state wage and hour laws. Third-party courier firms like TL, plaintiffs say, are tiny and thinly-capitalized, meaning they are unable to pay up when workers are cheated of rightful wages and mandated work breaks.

Just last month, a federal judge ruled this third-party courier’s pay system – which involved a flat rate for all delivery drivers, regardless of hours worked – failed to pay drivers properly, particularly with regard to overtime hours. It’s unclear precisely what Amazon’s liability will be in this, but our employee rights attorneys understand the class action lawsuit seeks to hold both firms accountable for willfully crafting an employment and pay structure that skirts labor laws and skimps on rightful pay. Continue Reading ›

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