Unpaid Wages 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 ]
After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages
June 5, 2018. By Lori Prapas.
Fresno, CA: Long-time valued Chipotle General Manager Jeanette Ortiz was accused of stealing $626 dollars from her employer, but when she asked to see the surveillance footage of the alleged incident, her supervisors refused and destroyed the footage. Subsequently, she went out on medical leave for a work-related injury, and was terminated while out on leave. The pretext for her firing was the alleged theft. After a jury found Ortiz’s account of retaliatory termination persuasive, awarding her $7.9 million in damages, Chipotle Mexican Grill quickly settled the California labor lawsuit for an undisclosed amount to avoid what likely would have been a punitive damages award up to nine times as much as the $7.9 million compensatory damages award.Read [ After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages ]
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 21, 2018. By Jane Mundy.
Los Angeles, CA: A Wells Fargo mortgage broker last year filed a wage and hour lawsuit alleging the bank failed to provide rest breaks, among other violations. The bank said it owed employees $25 million, but last week a federal judge agreed with its bankers and consultants: the money they were entitled to for unpaid rest breaks should be based on their commissions as well as their hourly pay, and Wells Fargo is now on the hook for $97 million.Read [ Wells Fargo to Pay $97M to Commissioned Brokers for Rest Breaks ]
May 3, 2018. By Lori Prapas.
Fremont, CA: Since the California Supreme Court issued its precedential California labor law decision in Brinker v. Superior Court of San Diego County, there have been a number of lawsuits alleging violations of California state labor laws for meal and rest break violations. Now, a woman who was hired by Tesla to work in its Fremont, California factory in late 2016 claims that she was denied breaks.Read [ Temp Worker Seeks Class Action Status for California Labor Lawsuit ]
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 ]
March 27, 2018. By Gordon Gibb.
San Francisco, CA: A California unpaid wages lawsuit, that traces its origins to the Golden State in 2014 and held national implications after it was granted class action status appears all but dead after the US Congress included a statute in its omnibus spending bill signed into law last week. That statute, known as the ‘Save America’s Pastime Act,’ (SAPA) exempts minor league baseball players from the Fair Labor Standards Act (FLSA) and the protections the Act affords workers with regard to minimum wage and overtime.Read [ How Will Passage of Save America’s Pastime Act Impact California Lawsuit? ]
March 14, 2018. By Gordon Gibb.
Los Angeles, CA: A California unpaid wages lawsuit that was originally filed in August, 2014 at Los Angeles before removal a year later to the US District Court for the Central District of California, may settle for $2 million if an agreement on the part of all parties in the class action meet with Court and judicial approval.Read [ California Labor Lawsuit Expected to Settle for $2 Million ]
- 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)
- 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)
- California Employment Attorney: “Everyone’s Time Is Valuable” By Heidi Turner (Apr-21-15)
- Viacom Reaches A $7.2 Million Settlement in Unpaid Wages Suit By The National Trial Lawyers (Apr-8-15)
- Automobile Service Advisers Entitled to Overtime Pay, Court Rules By Lucy Campbell (Mar-27-15)
- Off-the-Clock Work Allegations Made against Well-Known Establishments By Gordon Gibb (Mar-4-15)
- Unpaid Wages Lawsuits Filed against Food Processors By Heidi Turner (Feb-2-15)
- Three Courts Find for Plaintiffs, Wal-Mart May Again Appeal Unpaid Wages Claim By Gordon Gibb (Jan-8-15)
- Donning and Doffing Lawsuit Reaches Proposed Settlement By Heidi Turner (Dec-5-14)
- Off-the-Clock Work Lawsuits Combine to $9 Million in Settlements By Gordon Gibb (Nov-7-14)
- Unpaid Wages Lawsuit Being Watched Very Carefully By Gordon Gibb (Oct-7-14)
- Supreme Court Asked to Hear Donning and Doffing Lawsuit By Heidi Turner (Sep-29-14)
- Following Suit: Egress/Regress Lawsuit Updates By Heidi Turner (Sep-23-14)
- Tyson Loses Donning and Doffing Appeal By Heidi Turner (Aug-25-14)
- Why Do Plaintiffs Want Penalties Reduced in Off-the-Clock Work Case? By Gordon Gibb (Jul-23-14)
- Unpaid Wages Lawsuit Settled By Heidi Turner (Jun-25-14)