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  • California Labor Law: Blame Everything on E-Time
    Aug-7-08 Oakland, CA James has been working for an automotive retail company since 1981—a loyal, hard-working employee. He deserves better than a cut in pay and other screw-ups with his wages due to his employer violating the California labor law . The troubles started in 1995 when James, then a manager, was told that the store didn't generate enough sales to...
  • Supreme Court Declines to Hear Airlines Meal & Rest Break Appeal
    Jul-26-22 Santa Clara, CA The U.S. Supreme Court at the end of June declined to take up Alaska Airlines appeal of a ruling that Virgin America – now part of Alaska Airlines-- had to give California-based flight attendants meal and rest breaks required by California labor law . The justices found that California's break requirements are not preempted by fe...
  • California Labor Law: Exemption Gray Area
    Jul-9-08 Sacramento, CA: Darlene was promoted to manager after working as an hourly employee for several years. At first she welcomed her promotion: it meant a salaried position and more responsibility and it was time she moved ahead with her career. But in retrospect, Darlene says she would have made more money as an hourly employee, such is the interpretation of...
  • California Unpaid Overtime: Employee Stands Up for his Rights
    Jun-4-08 Bakersfield, CA Stan's employer thought he was exempt because he was paid on commission along with a base salary. "My boss figured since we were on commission, he could do whatever he wanted," says Stan (not his real name pending his lawsuit), including working 12-hour days without meal breaks, without overtime pay. Stan's boss didn't figure the Califor...
  • No Extra Pay for Off-Clock-Employee Overtime
    May-27-08 Cary, NC John is an independent contractor whose work agreement stipulates precise hours on the job yet he is asked to work overtime on a regular basis, with no extra compensation. "I work for this staffing company," says John, "and through them I am assigned to work in supermarkets. The work rotates on a monthly cycle—through 16 different stores of...
  • Supreme Court Restricts Class Action Availability for Wage Theft Violations
    Jul-10-18 Washington, DC “Congratulations! Welcome to FillInTheBlank Company! Sign here and ask for Ms. Someone when you come tomorrow.” By the time the intake interview is over, many workers have already signed away their rights to bring class action wage theft lawsuits under federal and California labor law . It matters because wage theft is...
  • Cheesecake Factory Found Liable for $4.57 Million Wage Theft
    Jul-3-18 San Diego, CA The California Labor Commissioner’s Office has found that The Cheesecake Factory and its janitorial contractor, Americlean Janitorial Services Corp., engaged in wage theft, withholding millions of dollars that were lawfully earned under California prevailing wage law . Americlean subcontracted the night cleaning work to another company...
  • Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit
    Jun-18-18 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 i...
  • New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor?
    May-10-18 Los Angeles, CA: California courts have been debating, defining and determining employment status—whether a worker is an employee or independent contractor-- since 1989. Misclassification has always been a gray area, despite California labor law holding for three decades the “Borello” standard. As of April 30, however, the new and mor...
  • Whistleblower Outed Abbott Labs Two Years Before FDA Closed Sturgis Plant
    Jun-20-22 Sturgis, MI  Evidence of contaminated baby formula sounds like it should have been an “all-hands-on-deck” emergency for Abbott Laboratories and the Food and Drug Administration. Instead, it took the FDA nearly two years to send inspectors to the Sturgis, Michigan plant, where they found “shocking” conditions. By then two babies...
  • Temp Worker Seeks Class Action Status for California Labor Lawsuit
    May-3-18 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 f...
  • Biden Administration and U.S. Solicitor General side with Airline Employee Rest and Meal breaks
    Jun-6-22 Santa Clara, CA The Ninth Circuit decision ordering Virgin America to follow  California’s meal and rest break law stands, and it’s backed by the Biden Administration. The U.S. solicitor general told the U.S. Supreme Court that federal regulations don't preempt the Golden State’s law. For the past several months Virgin Americ...
  • California Labor Law: Flat Rate Below Minimum Wage
    Aug-31-07 Los Angeles, CA Pamela and Martin have similar jobs: Pamela is a caregiver and Martin is also a caregiver—for dogs. They also have a similar problem regarding California labor law : both work 12-hour shifts and get paid a flat rate below minimum wage. When Pamela began her caregiver job, she made about $9 per hour for three-hour shifts. Then her...
  • Big Business Fights Back Over Information Technology Overtime Claims
    Aug-16-07 Santa Clara, CA Information technologists, otherwise known as IT workers, have been taking big businesses to court to recover unpaid IT overtime wages for quite a few years now. They have been remarkably successful. IT workers have started class actions against high tech giants like IBM and Sun Microsystems, Inc., and many of these class actions have alr...
  • Minor League Baseball players and MLB Settle “Starvation” Wages Lawsuit
    Jun-1-22 San Francisco, CA Minor league baseball players won’t have their day in court involving a minimum wage complaint that was filed eight years ago. The California labor trial was slated for June 1 in U.S. District Court in San Francisco. The players reached a preliminary settlement with the commissioner’s office in a lawsuit filed back in 201...
  • Wal-mart wins one—but loses two—in Overtime Class Actions
    Jun-15-07 Springfield, MO The latest efforts by Wal-Mart Stores to block unpaid overtime class-actions by workers in Missouri and New Mexico were rejected June 12 by the appeals courts in both those states. The decisions have left Wal-Mart, the world's largest corporate retailer, "disappointed", according to a company spokesman. But in New York, the decision we...
  • Jungle Trux Drivers the Latest to Challenge Unpaid Meal and Rest Breaks
    Jan-16-18 Seattle, WA: Amazon and Jungle Trux, based in King County, WA, have started the new year facing an unpaid overtime and employment class action lawsuit. The lawsuit was filed by two package delivery drivers who allege Jungle Trux and Amazon failed to pay them overtime, undercounted their hours, and failed to provide them with required breaks. The pro...
  • Mark Zuckerberg and wife Granted Arbitration in Unpaid Wages and Discrimination Claims
    Apr-20-22 San Francisco, CA Contracts signed by the former security operations assistant and household operations manager of Facebook founder Mark Zuckerberg and wife Priscilla Chan contained clear arbitration clauses, according to San Francisco Superior Court Judge Richard Ulmer. The decision involves lawsuits filed by two former household workers who allege sexual...
  • Uber's $8 Million Calif. Driver Misclassification Deal Gets Green Light
    Apr-11-22 San Francisco, CA A California federal judge has approved a deal for Uber to pay $8.4 million to settle misclassification claims  from more than 1,300 Golden State drivers that predates Proposition 22-- a new gig economy law enacted in 2020 that designated certain app-based drivers as independent contractors. Although the agreement does not go so...
  • Safeway Inc. Faces Series of California Labor Code Trials
    Sep-29-17 Los Angeles, CA: Attorney and trial lawyer Mike Arias is taking a tough approach with supermarket giant Safeway Inc. on behalf of 1st and 2nd class managers that have been battling the omnipresent grocery store over alleged California labor and employment wage and hour violations for 15 years. Starting October 10, 2017 Arias, who has two decades of...
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