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Taylor Farm’s Don-Doff Deal is Off

Taylor Farm’s Don-Doff Deal is Off September 18, 2019. By Jane Mundy.
Tracy, CA: A proposed $5.3 million settlement by Taylor Farms Pacific Inc. to resolve claims that employees were not paid for donning and doffing and other California labor law violations was declined by a California federal judge last month, because the court “cannot simply rubber stamp a class action settlement.”
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California In-Home Supportive Services Workers get New Wage Protections under Federal Law

California In-Home Supportive Services Workers get New Wage Protections under Federal Law September 9, 2019. By Anne Wallace.
Los Angeles, CA Household workers, including those who care for the elderly or people with disabilities, are among the most vulnerable to wage theft and other forms of employment abuse. They work in isolation, behind closed doors and sometimes in fear of deportation. Ray v. County of Los Angeles cuts through the fog and fear to make clear that private litigants may recover unpaid overtime under the Fair Labor Standards Act (FLSA). The bigger picture is that the change in federal protection fills a gap in the legal safety net left under California’s Domestic Workers’ Bill of Rights, Wage Order 15 and other provisions of California labor employment law.
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California Labor Lawsuit Targets Meal Break Violations

California Labor Lawsuit Targets Meal Break Violations August 21, 2019. By Anne Wallace.
Oakland, CA A former Payless Car Rental Inc. employee has asked a California court to grant class action status to a lawsuit that focuses on meal break waivers that were allegedly illegal under California labor employment law. Judge Michael Markman seemed doubtful, but set the next hearing date for November 5. A denial of class action status would likely put an end to the lawsuit, at least with regard to classes of plaintiffs not certified.
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Uber to Settle Class Action Contract Lawsuit for $395,000

Uber to Settle Class Action Contract Lawsuit for $395,000 August 5, 2019. By Anne Wallace.
San Francisco, CA The U.S. District Court for the Northern District of California appears ready to approve a settlement in Dulberg v. Uber Technologies Inc. that will net nearly a quarter of the drivers only $20. The class action lawsuit is notable for two reasons. It was brought as a contract lawsuit, not under the provisions of California labor employment law. Secondly, the payouts are very small for many of those included in the class. Even Judge William Alsup, who presided over the case, described the settlement as “a low-end recovery for the class.”
Read [ Uber to Settle Class Action Contract Lawsuit for $395,000 ]

Women’s Soccer Team California Discrimination Lawsuits Trigger Athletics Fair Pay Act

Women’s Soccer Team California Discrimination Lawsuits Trigger Athletics Fair Pay Act July 19, 2019. By Jane Mundy.
Santa Clara, CA: On the heels of the U.S. women's soccer team victory and two ongoing California labor law discrimination lawsuits, two Democratic senators have introduced legislation that calls for equal pay for female Olympic and national team athletes.
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Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits

Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits July 15, 2019. By Anne Wallace.
San Francisco, CA On June 28, the Ninth Circuit confirmed that, in lawsuits brought under the California Labor Code, even very small amounts of work time – measured in seconds, not minutes – must be counted and compensated. The opinion in Rodriguez v. Nike should put an end to latest employer-driven campaign to revive the federal de minimus standard in California labor lawsuits.
Read [ Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits ]

Comcast and O.C. Communications California Wage and Hour Settlement Finally Reached

Comcast and O.C. Communications California Wage and Hour Settlement Finally Reached July 8, 2019. By Jane Mundy.
San Francisco, CA: After two years of litigation, a California labor lawsuit involving about 4,500 technicians has finally settled for $7.5 million, after legal fees. The federal class action alleged that O.C. Communications Inc., a tech talent supplier, and Comcast Corp. violated state and federal laws, including not paying the workers for all the hours worked and failure to compensate the techs for piecework, overtime or minimum wages.
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New FLSA Interpretation Would Limit Worker Wage Lawsuits

New FLSA Interpretation Would Limit Worker Wage Lawsuits July 5, 2019. By Anne Wallace.
Washington, DC The Department of Labor has proposed changes in the interpretation of the “joint employer rule.” The rule allows workers, especially in class action wage and hour lawsuits, to reach beyond an immediate employer to seek recovery from a franchisor, corporate parent or other related business entity. If the change goes into effect, it will affect the application of the federal Fair Labor Standards Act (FLSA), but it will not necessarily limit wage and hour protections under California labor law.
Read [ New FLSA Interpretation Would Limit Worker Wage Lawsuits ]

Too Hard to Eat Lunch? – That Cost Wal-Mart $6 Million

Too Hard to Eat Lunch?  – That Cost Wal-Mart $6 Million June 26, 2019. By Anne Wallace.
Los Angeles, CA Chelsea Hamilton and Alyssa Hernandez brought a class action California labor lawsuit against Wal-Mart, claiming that going through the mandatory security check took so much time and was so intrusive that they were left with less than their legally protected half-hour meal break. Taking feminine hygiene stuff out of their purses was embarrassing. Ms. Hernandez also said the break room was crowded and noisy. They were not prevented from taking the break, but they were discouraged out of it. In April, they won a $6.1 million jury award on behalf of Wal-Mart workers.
Read [ Too Hard to Eat Lunch? – That Cost Wal-Mart $6 Million ]

California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote

California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote June 24, 2019. By Jane Mundy.
Sacramento, CA: Uber and Lyft have become wildly successful, mainly due to classifying their drivers as independent contractors rather than employees, but misclassification is a violation of the California labor law and should the state Senate pass Bill AB5, the gig might be up for them and many other companies whose workers may be re-classified as employees.
Read [ California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote ]

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