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Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit

Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit 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.
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California State Labor Commissioner Slams Restaurants with Wage Theft Violations

California State Labor Commissioner Slams Restaurants with Wage Theft Violations 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.
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Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks

Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks 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.
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CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent

CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent May 23, 2018. By Lori Prapas.
Los Angeles: A groundbreaking decision has been issued in Dynamex v. Superior Court of Los Angeles County. The Court adopted a three-part test that applies to any alleged misclassification under a California Industrial Welfare Commission (IWC) wage order. The IWC regulates wages, hours, and working conditions, and requires “employees” to be paid minimum wage, receive meal and rest breaks, and overtime pay. Now that the highest court in the state has ruled on this issue, there is a rebuttable presumption that all workers are “employees” and must be paid overtime accordingly. Workers who have been misclassified may now be more likely to prevail in a California unpaid wages lawsuit.
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New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor?

New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor? May 10, 2018. By Jane Mundy.
Los Angeles, CA: California courts have been debating, defining and determining employment status—whether a worker is an employee or independent contractor-- since 1989. Misclassification has always been a gray area, despite California labor law holding for three decades the “Borello” standard. As of April 30, however, the new and more rigid “ABC test” is being used to identify disputes under wage orders. And experts say it will have far-reaching implications for the California workforce.
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California Unpaid Wages Lawsuit: Class Action Lawsuit Brewing Against Starbucks

California Unpaid Wages Lawsuit: Class Action Lawsuit Brewing Against Starbucks April 27, 2018. By Lori Prapas.
Los Angeles, CA: Former Starbucks employee Douglas Troester first filed this case in Los Angeles Superior Court back in 2012, alleging that he was not compensated for time spent closing the Starbucks where he worked as a shift supervisor. Specifically, he claims that Starbucks required him to clock out before transmitting information about profits and losses to corporate HQ. He also alleges that he was not paid for time he spent locking up the store, and walking employees to their cars, as was required by Starbucks’ policy at the time. Starbucks has since changed this policy, and now employees are compensated for performing these tasks. Although Troester’s California labor lawsuit relates to his employment with Starbucks from 2009-2010, if the Court finds in his favor, it could pave the way for employees to join a class action lawsuit against Starbucks and other companies with similar policies.
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Can a Cabbie Collect Overtime?

Can a Cabbie Collect Overtime? December 4, 2017. By Anne Wallace.
San Francisco, CA Many people assume, without much thinking, that cabbies rent the cab from a cab company and then work pretty independently. The California Court of Appeals decision in Linton v. DeSoto Cab Company breathes life into a driver’s contention that he was an employee, entitled to unpaid wages, unpaid overtime and waiting time penalties. The Appeals Court did not determine that Darnice Linton was an employee, but sent the case back to the trial court with instructions that it apply certain legal principles originally developed in workers compensation and unemployment insurance cases. Simply put, plaintiffs in California overtime lawsuits now have more tools at their disposal.
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California Startup Has Faced Three Class Action Lawsuits in its Young History

California Startup Has Faced Three Class Action Lawsuits in its Young History November 20, 2017. By Gordon Gibb.
San Francisco, CA: A shopping service that found favor with busy urban professionals but vilified by some of its service personnel is set to finalize a settlement worth $4.6 million in January 2018, reports the San Francisco Business Times (05/24/17). The class action California overtime lawsuit was brought by employees and independent contractors of Maplebear Inc., doing business as Instacart, and will settle plaintiff’s angst over various allegations, including a service fee that many users of the shopping service assumed was a built-in tip for drivers, but wasn’t.
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Phoenix Warehouse of California Hit with Overtime Pay Class Action Lawsuit

Phoenix Warehouse of California Hit with Overtime Pay Class Action Lawsuit November 6, 2017. By Anne Wallace.
Los Angeles, CA Plaintiffs, including approximately 1,500 workers at Phoenix Warehouse of California between 2009 and 2016, allege that they were expected to work eight to 12 hours a day, without meal or rest breaks and without overtime pay. The lawsuit describes a rancid environment in which workers, mostly Latinos who could only speak Spanish, were threatened with deportation if they complained. One worker has also reported that she had to accede to the sexual advances of her manager in order to get paid for the day.
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California Unpaid Overtime Class Action Down, but Not Out

California Unpaid Overtime Class Action Down, but Not Out October 29, 2017. By Gordon Gibb.
Los Angeles, CA: A California unpaid overtime lawsuit seeking class certification got “some good news for everybody, and some bad news for everybody,” when Superior Court Judge Ann I. Jones denied a petition to certify eight subclasses or workers at a well-known theme park, but left the door open to other subclasses with regard to various pay claims.
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