Courts Increasingly Involved in Upholding California Labor Laws

San Francisco, CAAs more and more violations of California labor law are discovered, employees are increasingly calling on the courts to uphold the state's laws and worker's rights. Several lawsuits were recently settled that reinforced the duties of employers to their employees.

In one lawsuit, the Ninth U.S. Circuit Court of Appeals in San Francisco found that unionized workers who are required to travel from meeting places to daily worksites must be paid for their travel time unless union contracts stipulate otherwise. The ruling mainly covers people who work in construction and other jobs that require they meet at a certain spot before traveling to worksites together.

"The lawsuit was filed by 270 current and former employees of Kietwit Pacific Corp. who met at certain locations each workday to receive equipment and instructions. The workers spent approximately 2.5 hours each day in meetings and travel time.

In another lawsuit, Woodfin Suites Hotels has been ordered to pay at least $125,000 in back pay to housekeepers as well as pay a fine because it violated a living wage law known as Measure C. The city found that Woodfin Suites Hotels owed back wages to over 50 workers.

Additionally, the courts are often called on to settle overtime lawsuits in which employees claim they were misclassified as exempt from overtime pay and are therefore owed money for overtime hours worked. According to an article in the OC Register, the courts have ordered some big companies to pay workers overtime back pay. Among those awards were $18 million for 1,000 Starbucks workers, $18 million for 6,000 part-time UPS employees, and $30 million to 400 account executives at Countrywide.

Many employers misclassify their employees as exempt from overtime pay. Sometimes the error is an honest mistake and sometimes the error is willfully made. In both cases, workers are owed money and are turning to the courts to enforce their rights.

California also has established laws that protect undocumented immigrants against retaliation when they file wage claims against their employers. The protection is provided because not protecting the employment rights of illegal immigrants would make them more attractive to hire than legal employees.

If you believe your employer has violated California labor law, contact a lawyer to discuss your options. You may be eligible for back pay, punitive damages, or other awards.