California Unpaid Wages Articles
September 21, 2018. By Anne Wallace.
Read [ Trunk Club Settles California Unpaid Wages Lawsuit for $1.75 Million ]
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.
September 18, 2018. By Anne Wallace.
Read [ Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages ]
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.
September 7, 2018. By Anne Wallace.
Read [ California Court Saves Class Action Wage Claims from Forced Arbitration ]
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.
September 6, 2018. By Jane Mundy.
Read [ Are Tutors Independent Contractors or Employees Under the California Labor Code? ]
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.”
August 19, 2018. By Lori Prapas.
Read [ H&M Plaintiffs Rely on Starbucks Workers’ Win To Bolster Case ]
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.
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.Read [ Drywall Contractor Fined $2 million; Is California Wage Theft Rampant? ]
August 7, 2018. By Lori Prapas.
Read [ SoCal Drywall Company Fined $1.9M for Wage Theft Violations ]
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.
August 3, 2018. By Anne Wallace.
Read [ California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work ]
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.
July 25, 2018. By Lori Prapas.
Read [ Flight Attendants Anticipate $60 Million Award for California Labor Law Violations ]
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.
July 20, 2018. By Lori Prapas.
Read [ Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations ]
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.
- Intel to Shell Out $5M to Settle California Unpaid Wages Lawsuit By Lori Prapas (Jul-16-18)
- California Labor Commissioner’s Office fined general contractor and sub-contractor for wage theft violations By Jane Mundy (Jul-13-18)
- Supreme Court Restricts Class Action Availability for Wage Theft Violations By Anne Wallace (Jul-10-18)
- Cheesecake Factory Found Liable for $4.57 Million Wage Theft By Lori Prapas (Jul-3-18)
- California Labor Law Violation Fired at Fidelity Stands, Typo Goes By Jane Mundy (Jun-25-18)
- Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit By Lori Prapas (Jun-18-18)
- California State Labor Commissioner Slams Restaurants with Wage Theft Violations By Jane Mundy (Jun-13-18)
- Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks By Lori Prapas (Jun-7-18)
- After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages By Lori Prapas (Jun-5-18)
- CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent By Lori Prapas (May-23-18)
- Wells Fargo to Pay $97M to Commissioned Brokers for Rest Breaks By Jane Mundy (May-21-18)
- New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor? By Jane Mundy (May-10-18)
- Class Action Status Critical to California Donning and Doffing Wage Lawsuit By Anne Wallace (May-8-18)
- Temp Worker Seeks Class Action Status for California Labor Lawsuit By Lori Prapas (May-3-18)
- California Unpaid Wages Lawsuit: Class Action Lawsuit Brewing Against Starbucks By Lori Prapas (Apr-27-18)
- How Will Passage of Save America’s Pastime Act Impact California Lawsuit? By Gordon Gibb (Mar-27-18)
- California Labor Lawsuit Expected to Settle for $2 Million By Gordon Gibb (Mar-14-18)
- Status as Employee v. Independent Contractor Impacts Wage and Hour Claims By Gordon Gibb (Feb-26-18)
- Late for Lunch Spells California Labor Lawsuits and a Shifting Work Environment By Jane Mundy (Feb-6-18)
- Landscaper Employee Files Proposed California Unpaid Wages Class Action By Gordon Gibb (Jan-16-18)
- Road Outrage: California Truckers Denied Fair Wages and Benefits By Jane Mundy (Jan-10-18)
- Can a Cabbie Collect Overtime? By Anne Wallace (Dec-4-17)
- California Startup Has Faced Three Class Action Lawsuits in its Young History By Gordon Gibb (Nov-20-17)
- Phoenix Warehouse of California Hit with Overtime Pay Class Action Lawsuit By Anne Wallace (Nov-6-17)
- California Unpaid Overtime Class Action Down, but Not Out By Gordon Gibb (Oct-29-17)
- Nurses Seek Class Action in Overtime Pay Lawsuit against CareMeridian By Anne Wallace (Oct-5-17)
- California Seeks $6.3 Million for Overtime Pay Law Violations By Anne Wallace (Sep-28-17)
- $2.5 Million California Overtime Settlement Granted Preliminary Approval By Gordon Gibb (Sep-16-17)
- Plaintiff in Overtime Pay Dispute with Nike Sticks to Her Guns By Gordon Gibb (Sep-11-17)
- Farmworkers Another Step Toward California Overtime By Jane Mundy (Aug-25-17)
- California Overtime Lawsuit Settles in Record Time for $5.95 Million By Gordon Gibb (Aug-11-17)
- Can a Commissioned Salesperson Sue for Unpaid Overtime in California? By Anne Wallace (Aug-6-17)
- Eleven Misclassified Workers to Share $2 Million, More Awards Coming By Gordon Gibb (Jul-26-17)
- Overtime Settlements and Lawsuits, from Pennsylvania Health Care Therapists to California Caregivers By Jane Mundy (Jul-15-17)
- Former Amazon Manager Sues For Overtime Wages By Deb Hipp (Jul-4-17)
- Costco Settles California Overtime Lawsuit for $9 Million By Gordon Gibb (Jun-22-17)
- Fast Food Workers Deserve California Overtime By Jane Mundy (Jun-12-17)
- Chinese Caregivers at Alleged Birth Tourism Center Sue For Unpaid Overtime By Deb Hipp (Jun-1-17)
- California Unpaid Overtime, from Caregivers for the Elderly to Caretakers for the Unborn By Jane Mundy (May-28-17)
- California Overtime Lawsuit Paused Pending Ruling by US Supreme Court By Gordon Gibb (May-22-17)