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.Read [ Can a Cabbie Collect Overtime? ]
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.Read [ California Startup Has Faced Three Class Action Lawsuits in its Young History ]
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.Read [ Phoenix Warehouse of California Hit with Overtime Pay Class Action Lawsuit ]
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.Read [ California Unpaid Overtime Class Action Down, but Not Out ]
October 5, 2017. By Anne Wallace.
Fresno, CA: On September 6, 2017, McKenzie Erwin, a registered nurse, filed a lawsuit on behalf of herself and a class of similarly situated non-exempt employees against CareMeridian, LLC (CareMeridian)and Mentor Management, Inc. (Mentor), a related company. The defendants in the unpaid overtime lawsuit operate skilled nursing facilities in California. The complaint alleges that CareMeridian and Mentor engaged in a pattern of conduct that was unfair, unlawful and which amounted to a deceptive business practice, all in violation of the California Labor Code.Read [ Nurses Seek Class Action in Overtime Pay Lawsuit against CareMeridian ]
September 28, 2017. By Anne Wallace.
Los Angeles, CA: The California Labor Commissioners Office has filed a lawsuit against Calcrete Construction. Inc. seeking $6,300,338 for unpaid overtime and sick leave as well as the company’s failure to provide proper wage statements. The complaint alleges that Calcrete forced workers to sign contracts stating they were independent contractors or be fired. Employees typically worked 10 to12 hours Monday through Friday and eight hours on Saturday. Nonetheless, they were paid only their regular hourly rate and not for the 18 to 28 hours of overtime they frequently worked. These violations of California overtime pay laws allegedly took place over a two-year period, from 2014 to 2016.Read [ California Seeks $6.3 Million for Overtime Pay Law Violations ]
September 16, 2017. By Gordon Gibb.
Los Angeles, CA: An overtime pay class action launched against an insurance claims administrator achieved preliminary approval earlier this month, when a non-revisionary cash settlement worth $2.5 million was given the nod by Los Angeles Superior Court Judge Carolyn B. Kuhl. The unpaid overtime lawsuit alleged that various policies observed by the defendant forced claims adjusters into situations where they had to work off the clock, foregoing overtime pay, meal and rest breaks.Read [ $2.5 Million California Overtime Settlement Granted Preliminary Approval ]
September 11, 2017. By Gordon Gibb.
Los Angeles, CA: The lead plaintive in a representative Private Attorney General Act (PAGA) claim against Nike is having none of the defendant’s argument that individualized misclassification inquiries would be unmanageable. Plaintiff Payal Patel maintains in her overtime pay complaint that the burden of proof associated with breaking out the specific details of other assistant managers resides with Nike, and if the retailer failed to keep diligent records, that’s not her problem.Read [ Plaintiff in Overtime Pay Dispute with Nike Sticks to Her Guns ]
August 25, 2017. By Jane Mundy.
Menlo Park, CA: Farmworkers employed by Apio Inc. fought for their rights and won last week, when a California overtime class-action lawsuit settled for almost $6 million.Read [ Farmworkers Another Step Toward California Overtime ]
August 11, 2017. By Gordon Gibb.
San Francisco, CA: A California overtime pay class action lawsuit will settle for $5.95 million following the granting of final approval by a California federal judge earlier this week. The settlement brings to a close a lawsuit brought by a class of service managers against Ecolab Inc., alleging violations against California overtime law.Read [ California Overtime Lawsuit Settles in Record Time for $5.95 Million ]
- 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)
- 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)
- Is Donning and Doffing About to Change in Health Care? By Gordon Gibb (Nov-5-16)
- Apple Lawsuit Alleging California Labor Violations Gets Underway By Heidi Turner (Oct-25-16)
- A Showdown Between Plaintiffs and Defendant RE: Federal Arbitration Act By Gordon Gibb (Oct-4-16)
- Wells Fargo Faces California Labor Lawsuit Alleging Failure to Pay Overtime, Wrongful Termination By Heidi Turner (Oct-3-16)
- California Passes Farmworker Overtime Laws By Heidi Turner (Sep-28-16)
- Donning and Doffing: Does Every Minute Count? By Jane Mundy (Sep-20-16)
- California Overtime Lawsuit against Nike Certified as a Class Action By Gordon Gibb (Sep-11-16)
- California Farm Workers Could Receive Bump in Overtime Pay By Heidi Turner (Aug-31-16)
- California Caregivers - Attorney Discusses Whether You Qualify for Overtime By Jane Mundy (Aug-9-16)
- California Unpaid Overtime Lawsuit Moves to Settle By Gordon Gibb (Aug-6-16)
- McDonald's Overtime Lawsuit Granted Class Action Status By Heidi Turner (Jul-28-16)
- Proposed California Overtime Class Action Names Hotel Management Company By Gordon Gibb (Jul-18-16)
- California Hotel Taking Advantage of Illegal Immigrants By Jane Mundy (Jul-10-16)