California Overtime Articles
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 ]
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.Read [ CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent ]
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.Read [ New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor? ]
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.Read [ California Unpaid Wages Lawsuit: Class Action Lawsuit Brewing Against Starbucks ]
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 ]
- 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)
- 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)
- 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)