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Aldi, Inc. Settles California Overtime Lawsuit

Aldi, Inc. Settles California Overtime Lawsuit July 1, 2020. By Anne Wallace.
Los Angeles, CA Jeree Gant filed a class action lawsuit against Aldi, Inc., claiming that the grocery chain failed to pay her for all the hours she worked between October 2017 and May 2018. The other allegations under the California labor code concerning meal breaks, rest breaks and wage statements follow from that central claim. Aldi has now offered to settle the claims of what might ultimately have been thousands of California plaintiffs for $2 million.
Read [ Aldi, Inc. Settles California Overtime Lawsuit ]

Biden Backs Assembly Bill 5; Opposes Measure to Exempt App-Based Drivers

Biden Backs Assembly Bill 5; Opposes Measure to Exempt App-Based Drivers June 25, 2020. By Anne Wallace.
Sacramento, CA Presumptive Democratic presidential nominee, Joe Biden, has announced that he opposes a November 3 ballot initiative that would permit companies like Uber and DoorDash to continue to classify drivers as independent contractors. If approved, the measure would override AB 5 with respect to app-based drivers. These drivers could, as a result, be classified as independent contractors not protected by the wage and hour provisions of the California Labor Code.  
Read [ Biden Backs Assembly Bill 5; Opposes Measure to Exempt App-Based Drivers ]

California AG Pressures Walmart to Protect Vulnerable Employees

California AG Pressures Walmart to Protect Vulnerable Employees June 19, 2020. By Anne Wallace.
Sacramento, CA California Attorney General Xavier Becerra joined a coalition of 12 attorneys general in a letter that calls on Walmart to improve its efforts to protect workers and the public during COVID-19. Lawyers have anticipated a surge in California labor lawsuits arising from employer failures to adequately protect essential workers.
Read [ California AG Pressures Walmart to Protect Vulnerable Employees ]

Ninth Circuit: Workers Must be Paid for Call-in Shifts

Ninth Circuit: Workers Must be Paid for Call-in Shifts June 15, 2020. By Anne Wallace.
San Francisco, CA  In Herrera v. Zumiez, Inc., the Ninth Circuit affirmed that, under Wage Order No. 7 and the California Labor Code, workers must be paid if they are required to call in prior to a scheduled shift to determine whether they should actually come to work. The ruling, which follows the Court of Appeal’s reasoning in Ward v. Tilly’s Inc., involves some fine legal dicing of the phrase “report for work.” Herrera’s class action lawsuit may take on additional significance as financially strapped California employers search for ways to shave employee costs.
Read [ Ninth Circuit: Workers Must be Paid for Call-in Shifts ]

Safeway and McDonalds Coronavirus Safety Lawsuit

Safeway and McDonalds Coronavirus Safety Lawsuit June 11, 2020. By Jane Mundy.
Tracy, CA Pedro Zuniga and at least 51 other Safeway workers contracted the coronavirus in “dangerous and hazardous conditions” at the company’s warehouse but they were not given personal protective equipment nor did they social distance. Instead, they were forced to work in close quarters and deterred by their employer from calling in sick. Mr. Zuniga died and his widow filed a wrongful death lawsuit. McDonald’s employees also filed a class action lawsuit for similar reasons under California labor law, but they aren’t seeking financial compensation.
Read [ Safeway and McDonalds Coronavirus Safety Lawsuit ]

Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California

Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California May 31, 2020. By Jane Mundy.
Santa Clara, CA Uber and other gig-based companies aren’t the only ones battling California labor law Assembly Bill 5.  Late last year, the Western States Trucking Association and the California Trucking Association also filed lawsuits challenging AB5 and its “ABC test”, which has now been challenged by the state and the Teamsters.
Read [ Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California ]

California McDonald’s Workers Cite COVID-19 Safety Issues

California McDonald’s Workers Cite COVID-19 Safety Issues May 25, 2020. By Anne Wallace.
Los Angeles, CA McDonald’s workers filed complaints under the Private Attorney Generals Act (PAGA) claiming that the California Division of Occupational Health and Safety’s failure to address COVID-19 workplace safety issues has put workers in “imminent danger.”  McDonald’s now has less than a month to correct violations of the California Labor Code. Thereafter, either the state or workers can sue the fast-food giant.
Read [ California McDonald’s Workers Cite COVID-19 Safety Issues ]

The Gig Economy v. Assembly Bill 5

The Gig Economy v. Assembly Bill 5 May 19, 2020. By Jane Mundy.
San Jose, CA When the Assembly Bill 5 (AB 5) was signed in September 2019, Uber and Lyft said they'd sponsor a ballot initiative to take the issue to California voters in November 2020. To date, over $110 million has been raised and more than a million signatures collected to sponsor the initiative known as the "Protect App-Based Drivers and Services Act", which could exempt some companies from AB5 written into the California labor law. Labor and employment lawyer Michael Warren with the McManis Faulkner law firm says Uber and others will need more than money and signatures.
Read [ The Gig Economy v. Assembly Bill 5 ]

California Sues Uber and Lyft

California Sues Uber and Lyft May 15, 2020. By Anne Wallace.
San Francisco, CA On May 5, Attorney General Xavier Becerra  filed a lawsuit on behalf of the State of California alleging that Uber and Lyft have misclassified  on-demand drivers as independent contractors in violation of  the California Labor Code, Wage Orders and Unemployment Compensation laws.
Read [ California Sues Uber and Lyft ]

Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow?

Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow? May 12, 2020. By Jane Mundy.
Sacramento, CA Food sector workers are mostly front-line workers. From farmers to food processors to grocery store clerks, they continue to work to ensure the state’s 40 million residents have enough food during this crisis. And they continue to work even when co-workers have tested positive for COVID-19. If not, they could get fired, despite a new California labor order that provides sick leave for full-time workers exposed to the virus. Are worker safety lawsuits on the horizon?
Read [ Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow? ]

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