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California Overtime Articles

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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Nurses Seek Class Action in Overtime Pay Lawsuit against CareMeridian

Nurses Seek Class Action in Overtime Pay Lawsuit against CareMeridian 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.
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California Seeks $6.3 Million for Overtime Pay Law Violations

California Seeks $6.3 Million for Overtime Pay Law Violations 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.
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$2.5 Million California Overtime Settlement Granted Preliminary Approval

$2.5 Million California Overtime Settlement Granted Preliminary Approval 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.
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Plaintiff in Overtime Pay Dispute with Nike Sticks to Her Guns

Plaintiff in Overtime Pay Dispute with Nike Sticks to Her Guns 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.
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Farmworkers Another Step Toward California Overtime

Farmworkers Another Step Toward California Overtime 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.
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California Overtime Lawsuit Settles in Record Time for $5.95 Million

California Overtime Lawsuit Settles in Record Time for $5.95 Million 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.
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