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Trunk Club Settles California Unpaid Wages Lawsuit for $1.75 Million

Trunk Club Settles California Unpaid Wages Lawsuit for $1.75 Million September 21, 2018. By Anne Wallace.
Los Angeles, CA The District Court for the Central District of California has approved an agreement under which Trunk Club, Inc., a Nordstrom-owned personal styling service, will pay $1.75 million to settle a class action California unpaid wages lawsuit. The settlement amount will be divided among 3,000 stylists located throughout the country.
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Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages

Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages September 18, 2018. By Anne Wallace.
Santa Ana, CA By a July 18, 2018 Order, the Superior Court of Orange County ruled that the new Dynamex “ABC” test for determining whether workers are employees or independent contractors should be applied retroactively. The decision in Dynamex v. Superior Court of Los Angeles County was already expected to have far reaching consequences. The ruling in Johnson v. VCG-IS LLC suggests that employer liability for violations of the California Labor Code arising from the new understanding of legal standards may reach years back in time.
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California Court Saves Class Action Wage Claims from Forced Arbitration

California Court Saves Class Action Wage Claims from Forced Arbitration September 7, 2018. By Anne Wallace.
San Francisco, CA On August 14, 2018, the California Court of Appeals preserved a worker’s right to bring a class action wage lawsuit against Robert Half International (RHI). RHI tried to force Jessica Gentry to arbitrate, alone, her claim that she was cheated out of pay for the time she spent prepping for assignments. The California Labor Code requires that workers be paid for paid for time worked, regardless of how brief. Few, however, can afford the cost of arbitration when the personal financial stake is small. Had RHI been successful, the legal maneuver that would have ended her California labor lawsuit and deprived others of their only effective legal remedy. What happened was very different.
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Are Tutors Independent Contractors or Employees Under the California Labor Code?

Are Tutors Independent Contractors or Employees Under the California Labor Code? September 6, 2018. By Jane Mundy.
San Francisco, CA: The education company General Assembly agreed to pay $1million to settle an overtime lawsuit brought by two former full-time tutors ( education instructors) who taught at the company’s San Francisco campus. This California labor law settlement may have implications for similar companies that hire independent contractors to work in the education “gig economy.”
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H&M Plaintiffs Rely on Starbucks Workers’ Win To Bolster Case

H&M Plaintiffs Rely on Starbucks Workers’ Win To Bolster Case August 19, 2018. By Lori Prapas.
San Francisco, CA When an employee brings a lawsuit alleging that they were not paid for all the time that they were lawfully owed under federal law, employers will frequently raise something called the de minimis doctrine in defense. This doctrine holds that working time that is trivially small, for instance a few seconds or minutes beyond working hours, may be disregarded (and unpaid). Recently, in Troester v. Starbucks, Starbucks attempted to raise this defense to claims brought under California state law, and the California Supreme Court rejected it—finding that a Starbucks shift supervisor should have been paid for work performed before and after clocking out for the day. Now, Plaintiffs in another California unpaid wages lawsuit, Ser Lao v. H & M, have filed a notice of “new authority” to support their claim, citing the Troester decision. The Troester decision could open doors for many similar lawsuits.
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Drywall Contractor Fined $2 million; Is California Wage Theft Rampant?

Drywall Contractor Fined $2 million; Is California Wage Theft Rampant? August 10, 2018. By Jane Mundy.
Los Angeles: After workers at Fullerton Pacific Interiors Inc., complained about California labor law violations to the non-profit Carpenters Contractors Cooperation Committee, the California Labor Commissioner’s Office stepped in. Investigators found that the drywall company paid a daily rate that didn’t include overtime hours or rest breaks and 28 workers were not even paid minimum wage. Fullerton was fined nearly $2million for wage theft violations.
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SoCal Drywall Company Fined $1.9M for Wage Theft Violations

SoCal Drywall Company Fined $1.9M for Wage Theft Violations August 7, 2018. By Lori Prapas.
Fullerton, CA According to California’s Division of Labor Standards Enforcement, it is a known problem: construction companies often pay workers a flat rate rather than for all hours worked, in order to evade having to pay workers the rate required under state laws. This is wage theft, and it is a violation of California state labor laws. The state Labor Commissioner’s Office began an investigation into Fullerton Pacific Interiors Inc. (“Fullerton’s”) practices after employees reported the company to a nonprofit labor management organization, Carpenters Contractors Cooperation Committee. The outcome of that investigation was a $1.9 million dollar penalty, to be distributed primarily to the workers who were shorted pay.
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California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work

California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work August 3, 2018. By Anne Wallace.
Los Angeles, CA Why should a worker bear the burden when an employer can’t keep track of time? With this question, the California Supreme Court threw open the doors to California labor lawsuits on behalf of workers who are tired of being nickel and dimed out of their pay for brief, but repeated, stints of off-the-clock work.
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Flight Attendants Anticipate $60 Million Award for California Labor Law Violations

Flight Attendants Anticipate $60 Million Award for California Labor Law Violations July 25, 2018. By Lori Prapas.
San Francisco, CA Several years after a Federal District Court certified a class of 1,400 Virgin America flight attendants who alleged that their employer violated numerous California state labor laws, U.S. District Court Judge Jon S. Tigar has granted them summary judgment. The flight attendants claimed that they were paid based on a “block time” schedule, which would begin when they arrived at the gate, and end when they left the gate. This meant that they were not paid for time spent writing up incident reports before and after flights, undergoing mandatory training, taking required drug tests, and waiting for passengers to board and deplane. They also allege that they were not provided with accurate wage statements. The flight attendants have now prevailed in their motion for summary judgment, and the case will proceed for the limited purpose of establishing exactly how much they are owed.
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Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations

Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations July 20, 2018. By Lori Prapas.
Los Angeles, CA A group of 11,000 truck drivers filed a California unpaid wages lawsuit back in 2009, alleging that one of the largest trucking and logistics companies in the United States violated California wage law. The parties fought about whether California state law was pre-empted by the more industry friendly federal law. In a victory for the truckers, the U.S. Supreme Court denied J.B. Hunt’s appeal, leaving in place the District Court’s ruling that California law is controlling. As the parties prepare for a fall trial, J.B. Hunt has moved for summary judgment and to decertify the class. Plaintiff truckers have just filed an opposition to that motion, saying that the claims of all 11,000 truckers are similar enough to justify class action status.
Read [ Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations ]

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