California Labor Law Articles
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 16, 2018. By Jane Mundy.
Read [ Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. ]
Oakland, CA: A California judge has given the green light to settle several California labor lawsuits alleging the retail giant violated California’s Private Attorneys General Act by failing to provide seating for more than 90,000 cashiers.
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.
California Labor Commissioner’s Office fined general contractor and sub-contractor for wage theft violations
July 13, 2018. By Jane Mundy.
Read [ California Labor Commissioner’s Office fined general contractor and sub-contractor for wage theft violations ]
Long Beach, CA After a lengthy investigation into wage theft of Champion Construction Inc., a contractor hired by San Diego general contractor TB Penick, the California Labor Commissioner’s Office found that Champion cheated 103 workers by maintaining false payroll records over a six-month period. Both TB Penick and Champion were held responsible under California labor law and state labor regulators secured over $1.1 million in back wages for the workers.
July 10, 2018. By Anne Wallace.
Read [ Supreme Court Restricts Class Action Availability for Wage Theft Violations ]
Washington, DC “Congratulations! Welcome to FillInTheBlank Company! Sign here and ask for Ms. Someone when you come tomorrow.” By the time the intake interview is over, many workers have already signed away their rights to bring class action wage theft lawsuits under federal and California labor law.
- 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)
- California State Labor Commissioner Slams Restaurants with Wage Theft Violations By Jane Mundy (Jun-13-18)
- After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages By Lori Prapas (Jun-5-18)
- 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)
- Blue and White-Collar California Employees Wrongfully Terminated, National Labor Relations Board Assists By Jane Mundy (Apr-3-18)
- 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)
- Google Hit with Another California Wrongful Termination Lawsuit By Gordon Gibb (Mar-5-18)
- Status as Employee v. Independent Contractor Impacts Wage and Hour Claims By Gordon Gibb (Feb-26-18)
- Worker Claims Employment Discrimination Based on her Asian Heritage By Anne Wallace (Feb-22-18)
- Plaintiff Settles with Bank of America Corp. NA at the Eleventh Hour By Gordon Gibb (Feb-16-18)
- Late for Lunch Spells California Labor Lawsuits and a Shifting Work Environment By Jane Mundy (Feb-6-18)
- Jungle Trux Drivers the Latest to Challenge Unpaid Meal and Rest Breaks By Lucy Campbell (Jan-16-18)
- Lots of Changes and Updates to California Labor Law with the New Year By Gordon Gibb (Jan-2-18)
- Uber Hit with Proposed Class Action in California By Gordon Gibb (Dec-7-17)
- Tesla Hit with Racial Discrimination Class Action Lawsuit By Anne Wallace (Nov-29-17)
- Pacific Western Bank Shorted Workers OT Pay Lawsuit Alleges By Brenda Craig (Nov-16-17)
- Employees of Luxury California Resort Launch California Labor Lawsuit By Gordon Gibb (Nov-13-17)
- Are Franchisors like McDonalds Accountable for Wage Theft? By Anne Wallace (Oct-24-17)
- California Workers Get Protection from Employer Retaliation By Brenda Craig (Oct-11-17)
- California Class Action Labor Lawsuit Filed Against Marriott Subsidiary By Gordon Gibb (Oct-1-17)
- Safeway Inc. Faces Series of California Labor Code Trials By Brenda Craig (Sep-29-17)
- Facebook Slapped with Disability and Age Discrimination Lawsuit with Whistleblower Allegation By Brenda Craig (Sep-27-17)
- Google Accused of Violating California Equal Pay Act By Jane Mundy (Sep-22-17)
- On-Call Driver Sues Starbucks for Wage Theft By Anne Wallace (Sep-6-17)
- Bag Search Plaintiffs Get Another Bite at Apple By Anne Wallace (Aug-30-17)
- Lawsuit Alleges Resort Chain Can’t Ask Potential Employees to Wave Liability on Background Checks By Brenda Craig (Aug-26-17)
- How Often Must California Workers Get a Day Off? By Anne Wallace (Aug-17-17)
- California Employment Labor Law Class Action Gets Nod for $1.35 Million Settlement By Gordon Gibb (Aug-10-17)
- Giant Catering Company in California Labor Dispute By Brenda Craig (Jul-29-17)
- California Software Company Sues Competitors Over Use of Employment Agreements By Deb Hipp (Jul-22-17)
- Attorney discusses the California Employment Lawsuit and Settlement in Augustus v ABM Security Services By Jane Mundy (Jul-19-17)
- Proposed California Labor Law Class Action v. Nike to Remain in Federal Court By Gordon Gibb (Jul-13-17)
- Amazon California Labor Lawsuit: Plaintiff’s Attorney Weighs In By Jane Mundy (Jul-9-17)
- Employers Can’t Eat in to Workers’ Lunch Period says Lawsuit By Brenda Craig (Jul-2-17)
- California Labor Law Protects Workers, from Pole Dancers to Pot Growers to Babysitters By Jane Mundy (Jun-30-17)