Unpaid Wages Legal News Articles & Interviews

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.

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.

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.”

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.

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.

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.

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.

Los Angeles, CA Residential care workers can win California unpaid wages lawsuits when they sue their employers for wage theft and other illegal employment practices. That’s the good news. But the bad news is that they are still having trouble getting paid, and the violations of California state labor laws continue.

Los Angeles, CA: The Terranea Resort, which calls itself Los Angeles’ Hidden Gem and the only luxury destination resort on the LA coast, can also be known as the “Fake Break” Resort.

Denver, CO On April 30, 2019, the Tenth Circuit Court of Appeals ended Jolene Provencio’s lawsuit against Intel Corporation. She claimed that she had been retaliated against for participating in an internal discrimination investigation involving a co-worker. It’s a different state and a different judicial circuit, but some of the lessons of Provencio v. Intel Corporation apply in California workplace retaliation lawsuits, as well.