October 14, 2018. By Anne Wallace.
Read [ Los Angeles Sweatshops Cited for Wage and Hour Violations ]
Los Angeles, CA In early September 2018, the California Labor Commissioner’s Office fined six garment contractors a total of $573,704 for labor law violations after uncovering a scheme where the contractors operated illegally under one license to avoid complying with California wage and hour laws. But what happens to the workers? Garment workers making far less than minimum wage, most without legal status, are hardly likely to bring California unpaid wages lawsuits. The best answer may lie in California’s specialized garment worker wage claim adjudication process. Even that may require some legal assistance, though.
October 8, 2018. By Jane Mundy.
Read [ Wage Theft Investigations at California Restaurants ]
Sacramento, CA: The California Labor Commissioner’s Office has been busy following up on reports of unpaid wages, tips and overtime. Some employees were paid less than $5 an hour and typically worked more than 10 hours a day with no meal or rest breaks, which violates the California labor law. “Long hours with no breaks and sub-minimum wages are classic examples of wage theft, and employers who make their profit by breaking the law will be held accountable," said Labor Commissioner Julie A Su.
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.
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.
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.
July 16, 2018. By Lori Prapas.
Read [ Intel to Shell Out $5M to Settle California Unpaid Wages Lawsuit ]
Santa Clara, CA Plaintiff Medina Asalati was formerly employed by Intel Corp. as an administrative assistant. She lead a class of over 3,000 hourly Intel employees including admins, clerical workers, janitors, and logistical support specialists in a class action lawsuit that has been resolved for millions of dollars. Intel denies any wrongdoing in the settlement agreement, but the Plaintiffs allege that they were expected to work extremely long hours in a demanding environment without meal and rest breaks. The relatively large $5 million award could make big waves in California Unpaid Wages lawsuit news if and when it is officially approved by the court.
June 25, 2018. By Jane Mundy.
Santa Clara, CA: Fidelity Investments tried to wangle out of a proposed class action lawsuit alleging California labor law violations by saying the plaintiff’s employment agreement contained a "typo" and she wasn’t in fact an employee. But Fidelity’s excuse appears to have back-fired. “It is astounding how clearly [Fidelity] held itself out as plaintiff’s employer,” wrote California federal judge William Aslup, and he denied their motion to dismiss.Read [ California Labor Law Violation Fired at Fidelity Stands, Typo Goes ]
June 18, 2018. By Lori Prapas.
San Jose, CA: Ex-waiter Ian McCray worked for the San Jose Marriott from May of 2012 to August of 2015. He claims that during that time, Marriott Hotel Services did not pay him the minimum wage required by the city’s municipal wage ordinance. The ordinance appears to provide for a waiver of the minimum wage requirement if employees agree to those terms in a Collective Bargaining Agreement (CBA). Because McCray’s employment with the Marriott was governed by a CBA that waived the minimum wage ordinance, the hotel claimed that it didn’t need to comply with San Jose’s minimum wage laws. The court dismissed McCray’s California unpaid wages lawsuit back in March of 2017, and now the appellate court is reviewing that ruling.Read [ Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit ]
June 13, 2018. By Jane Mundy.
San Francisco, CA: Despite California restaurants in the past few years receiving huge fines for California labor law violations, some employers seem to have missed the memo, or perhaps they think employees on salary aren’t entitled to overtime compensation. Or perhaps they think restaurant workers, from dishwashers to cooks to General Managers, are afraid of losing their jobs if they file a complaint. Workers at six Rangoon Ruby Burmese Cuisine chains and Kome Japanese Seafood & Buffet, however, did complain, and their complaints resulted in fines totaling more than $10 million.Read [ California State Labor Commissioner Slams Restaurants with Wage Theft Violations ]
June 7, 2018. By Lori Prapas.
San Jose, CA: A former H&M employee, Ser Lao, has sued fashion retailer H&M in federal court for allegedly failing to provide employees with correctly itemized wage statements, and failing to pay employees minimum wage, overtime, and premium pay for missed meal and rest periods. Lao’s California unpaid wages lawsuit also alleges that H&M violated California Labor Code by refusing to pay employees for the time they spent after clocking out while having their bags checked to make sure that they were not stealing merchandise. The United States District Court for the Northern District of California, San Jose Division, has now been asked to certify the class to proceed as a class action. Meanwhile, the State Supreme Court is poised to issue an epic decision on the exact same issue in Troester v. Starbucks.Read [ Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks ]
- CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent By Lori Prapas (May-23-18)
- New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor? By Jane Mundy (May-10-18)
- California Unpaid Wages Lawsuit: Class Action Lawsuit Brewing Against Starbucks By Lori Prapas (Apr-27-18)
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- 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)
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- 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)
- Kaiser and Xanitos Settle Hospital Housekeepers' Overtime Class action for $500,000 By Deb Hipp (May-7-17)
- McDonald's Employee Overtime Trial Scheduled for May By Deb Hipp (May-1-17)
- Plaintiffs Cite California Labor Law, FLSA in Lawsuit against Bloomberg By Gordon Gibb (Apr-13-17)
- Did Some California Employers Miss the Overtime Memo? By Jane Mundy (Apr-5-17)
- Former Exotic Dancer Launches California Overtime Lawsuit By Gordon Gibb (Mar-27-17)
- Minor League Baseball Players' Overtime Class Action Back in Play By Deb Hipp (Mar-11-17)
- Hotel Housekeepers Denied California Overtime File Lawsuit By Jane Mundy (Mar-6-17)
- CKE Restaurant Workers: California Overtime Violations still Worrisome By Jane Mundy (Feb-22-17)
- How Will New EEOC Regulations in 2018 Affect Donning and Doffing? By Gordon Gibb (Feb-11-17)
- Counsel for US Airways Asks Judge to Reject Overtime Claims by Certified Class By Deb Hipp (Feb-6-17)
- California Overtime: Changes with New Presidency? By Jane Mundy (Jan-24-17)
- San Francisco Transit Board Okays Overtime Settlement By Heidi Turner (Jan-13-17)
- California Overtime Lawsuits against Employers Big and Small By Gordon Gibb (Jan-2-17)
- California Overtime and the Almost Final Rule By Jane Mundy (Dec-24-16)
- Court Approves Alorica California Overtime, Wage and Hour Lawsuit By Heidi Turner (Dec-12-16)
- Unpaid Work After Shift Ends Can Equate to Unpaid Wages By Gordon Gibb (Dec-1-16)
- Court: Donning and Doffing Not Offset by Paid Break Time By Heidi Turner (Nov-30-16)
- California Overtime –Too Much or None at All By Jane Mundy (Nov-18-16)