Unpaid Wages Articles
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.
September 18, 2018. By Anne Wallace.
Read [ Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages ]
Santa Ana, CA By a July 18, 2018 Order, the Superior Court of Orange County ruled that the new Dynamex “ABC” test for determining whether workers are employees or independent contractors should be applied retroactively. The decision in Dynamex v. Superior Court of Los Angeles County was already expected to have far reaching consequences. The ruling in Johnson v. VCG-IS LLC suggests that employer liability for violations of the California Labor Code arising from the new understanding of legal standards may reach years back in time.
September 14, 2018. By Jane Mundy.
Read [ Employment Attorney Alan Crone Discusses Main Reasons for Overtime Complaints ]
Memphis,TN: “We are seeing an increase in overtime complaints and in turn wage and hour lawsuits, such as the recent Cash America Pawnshop overtime lawsuit,” says employment attorney Alan Crone. Fortunately, the government and attorneys are cracking down on employers who deny employers their rights and they are helping workers to get what they are owed.
September 6, 2018. By Jane Mundy.
Read [ Are Tutors Independent Contractors or Employees Under the California Labor Code? ]
San Francisco, CA: The education company General Assembly agreed to pay $1million to settle an overtime lawsuit brought by two former full-time tutors ( education instructors) who taught at the company’s San Francisco campus. This California labor law settlement may have implications for similar companies that hire independent contractors to work in the education “gig economy.”
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.
August 14, 2018. By Jane Mundy.
Read [ Cash America Pawn, or First Cash Management Facing Overtime Lawsuit ]
Memphis, TN: A former Store Manager recently filed an employment complaint against First Cash and Cash America (also known as Cash America Pawn) for unpaid overtime compensation. “We estimate that 1,000 store managers nationwide have been misclassified and eligible for overtime,” says attorney Alan Crone, “and upwards of 3,000 employees may have an overtime claim against Cash America Pawn for violating the Fair Standards Labor Act.”
August 10, 2018. By Jane Mundy.
Los Angeles: After workers at Fullerton Pacific Interiors Inc., complained about California labor law violations to the non-profit Carpenters Contractors Cooperation Committee, the California Labor Commissioner’s Office stepped in. Investigators found that the drywall company paid a daily rate that didn’t include overtime hours or rest breaks and 28 workers were not even paid minimum wage. Fullerton was fined nearly $2million for wage theft violations.Read [ Drywall Contractor Fined $2 million; Is California Wage Theft Rampant? ]
August 7, 2018. By Lori Prapas.
Read [ SoCal Drywall Company Fined $1.9M for Wage Theft Violations ]
Fullerton, CA According to California’s Division of Labor Standards Enforcement, it is a known problem: construction companies often pay workers a flat rate rather than for all hours worked, in order to evade having to pay workers the rate required under state laws. This is wage theft, and it is a violation of California state labor laws. The state Labor Commissioner’s Office began an investigation into Fullerton Pacific Interiors Inc. (“Fullerton’s”) practices after employees reported the company to a nonprofit labor management organization, Carpenters Contractors Cooperation Committee. The outcome of that investigation was a $1.9 million dollar penalty, to be distributed primarily to the workers who were shorted pay.
July 25, 2018. By Lori Prapas.
Read [ Flight Attendants Anticipate $60 Million Award for California Labor Law Violations ]
San Francisco, CA Several years after a Federal District Court certified a class of 1,400 Virgin America flight attendants who alleged that their employer violated numerous California state labor laws, U.S. District Court Judge Jon S. Tigar has granted them summary judgment. The flight attendants claimed that they were paid based on a “block time” schedule, which would begin when they arrived at the gate, and end when they left the gate. This meant that they were not paid for time spent writing up incident reports before and after flights, undergoing mandatory training, taking required drug tests, and waiting for passengers to board and deplane. They also allege that they were not provided with accurate wage statements. The flight attendants have now prevailed in their motion for summary judgment, and the case will proceed for the limited purpose of establishing exactly how much they are owed.
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.
- Intel to Shell Out $5M to Settle California Unpaid Wages Lawsuit By Lori Prapas (Jul-16-18)
- California Labor Commissioner’s Office fined general contractor and sub-contractor for wage theft violations By Jane Mundy (Jul-13-18)
- Cheesecake Factory Found Liable for $4.57 Million Wage Theft By Lori Prapas (Jul-3-18)
- Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit By Lori Prapas (Jun-18-18)
- California State Labor Commissioner Slams Restaurants with Wage Theft Violations By Jane Mundy (Jun-13-18)
- Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks By Lori Prapas (Jun-7-18)
- After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages By Lori Prapas (Jun-5-18)
- CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent By Lori Prapas (May-23-18)
- Wells Fargo to Pay $97M to Commissioned Brokers for Rest Breaks By Jane Mundy (May-21-18)
- Temp Worker Seeks Class Action Status for California Labor Lawsuit By Lori Prapas (May-3-18)
- California Unpaid Wages Lawsuit: Class Action Lawsuit Brewing Against Starbucks By Lori Prapas (Apr-27-18)
- How Will Passage of Save America’s Pastime Act Impact California Lawsuit? By Gordon Gibb (Mar-27-18)
- California Labor Lawsuit Expected to Settle for $2 Million By Gordon Gibb (Mar-14-18)
- Status as Employee v. Independent Contractor Impacts Wage and Hour Claims By Gordon Gibb (Feb-26-18)
- Late for Lunch Spells California Labor Lawsuits and a Shifting Work Environment By Jane Mundy (Feb-6-18)
- Jungle Trux Drivers the Latest to Challenge Unpaid Meal and Rest Breaks By Lucy Campbell (Jan-16-18)
- Landscaper Employee Files Proposed California Unpaid Wages Class Action By Gordon Gibb (Jan-16-18)
- Road Outrage: California Truckers Denied Fair Wages and Benefits By Jane Mundy (Jan-10-18)
- Misclassified Plaintiffs in Massachusetts Eyeing $2.9 Million Proposed Settlement By Gordon Gibb (Apr-21-17)
- 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)
- Attorney: Unpaid Wages Violations "Pervasive" By Heidi Turner (Dec-26-16)
- Rules Regarding Donning and Doffing Not Always Clear-Cut By Heidi Turner (Sep-17-16)
- Hotel in Boston Hit with Unpaid Wages Lawsuit By Gordon Gibb (Aug-25-16)
- Tyson Foods Requests New Donning and Doffing Lawsuit By Heidi Turner (Jul-24-16)
- Disgruntled District 11 Pennsylvania Employees Launch Unpaid Wages Lawsuit By Gordon Gibb (Jun-30-16)
- Tyson Employees Win in Supreme Court Donning and Doffing Decision By Heidi Turner (May-24-16)
- A Successful Off-the-Clock Work Lawsuit Needs Reasonable Evidence By Gordon Gibb (Apr-26-16)
- Tired of Doffing Her Pay, Server Gets Her Plaintiff On By Gordon Gibb (Mar-31-16)
- Nail Salon Industry in New York Reportedly Filled with Wage Violations By Heidi Turner (Mar-1-16)
- Business to Pay $1.75 Million for Unpaid Wages Linked to Bathroom Breaks By Heidi Turner (Jan-23-16)
- SpaceX Flying High, and the Unpaid Wages Lawsuits Are Too By Gordon Gibb (Dec-24-15)
- Tyson Foods Donning and Doffing Case Heard by Supreme Court By Heidi Turner (Nov-25-15)
- Keurig Coffee Hit with Donning and Doffing Lawsuit By Gordon Gibb (Oct-19-15)
- Donning and Doffing Lawsuit Nets $9.75 Million Settlement By Heidi Turner (Sep-16-15)
- Former and Current Workers Launch Unpaid Wages Class Action against Hertz Corp. By Gordon Gibb (Aug-19-15)
- Supreme Court Agrees to Hear Donning and Doffing Lawsuit By Heidi Turner (Jul-22-15)
- Unsealed E-mails to Apple CEO Allege Off-the-Clock Work through Bag Checks By Gordon Gibb (Jun-17-15)
- Tyson Donning and Doffing Petition Sent to Supreme Court By Heidi Turner (May-26-15)