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  • Walmart Howls at California Labor Law Fines
    Dec-3-20 San Jose, CA  “This case is about Walmart’s practice of routinely violating the California Labor Code .” The first sentence of plaintiff’s’ brief to the Ninth Circuit in Magadia v. Wal-Mart Associates, Inc. neatly sums up the workers’ argument. Walmart, on the other hand, argues that this is all very unfair,...
  • California Court Approves Taylor Farms Wage and Hour Settlement
    Nov-25-20 Sacramento, CA On November 2, the U.S. District Court for the Eastern District of California approved an agreement to settle Del Carmen Pena v. Taylor Farms Pacific Inc. The workers allege that Taylor Farms failed to pay them for time spent "donning and doffing" equipment; provide them with rest and meal breaks; and issue paychecks in a timel...
  • Chipotle Workers Argue Against Supreme Court Review of Wage and Hour Lawsuit
    Nov-23-20 Washington, DC On November 2, a group of Chipotle Apprentices (entry-level managers) filed a petition with the U.S. Supreme Court asking that their wage & hour lawsuit not be reviewed. Their lawsuit, originally brought in New York as Scott v. Chipotle Mexican Grill, Inc. , seeks overtime pay for workers who were misclassified as managers and thus no...
  • Is Dynamex Ruling Retroactive?
    Nov-18-20 Santa Clara, CA Just as the polls closed on Proposition 22—a ruling that allows companies to hire app-based drivers as independent contractors instead of employees—the California Supreme Court heard arguments in  Vazquez v. Jan-Pro Franchising Int’l, Inc . At issue is the Dynamex ruling and whether it should be retroactive to work...
  • Third Circuit Revives Oil Workers’ Donning and Doffing Lawsuit
    Nov-16-20 Philadelphia, PA On October 26, the Third Circuit Court of Appeals revived a wage & hour lawsuit originally filed by oil rig workers in 2011. At its heart, Tyger v. Precision Drilling Corp. is a “donning and doffing” lawsuit . Rodney Tyger, Shawn Wadsworth and approximately 1,000 other rig hands seek to recover unpaid overtime, allegedly...
  • California Court Okays Chipotle Wage Lawsuit Deal
    Oct-29-20 San Francisco, CA On October 2, the Superior Court of California gave preliminary approval  to an agreement to settle Turley v. Chipotle Services, LLC. , a long-running California labor lawsuit . The workers argued that Chipotle's practice of understaffing caused them to miss meal and rest periods in violation of the California Labor Code. In a...
  • California Wage Lawsuit Argues Mortgage Company's Pay Practices
    Oct-26-20 Berkeley, CA A former loans officer with Draper and Kramer Mortgage Corporation has filed a California wage lawsuit alleging the company stiffed him and other loan officers out of commissions and other payments, including overtime compensation. Jose Vasquez filed the lawsuit in September 2020 in the U.S. District Court Northern District of Cali...
  • Farmers Insurance Overtime Pay Settlement – Over and Over Again
    Sep-23-20 Los Angeles, CA Farmers Insurance has agreed to settle a California wage and hour lawsuit brought by Famers special investigators alleging failure to pay overtime, including meal breaks and rest periods. The settlement includes anyone who worked in California for Farmers as a special investigator between 2013 and 2018. And this is not the first time Fame...
  • Workplace Sexual Harassment and Retaliation – Attorney Weighs In
    Sep-17-20 Manhattan, NY A sexual harassment and retaliation settlement was in the spotlight, this past July. It involved more than 25 construction workers who were subjected to physical assaults and other types of harassment , and some workers were retaliated against after complaining to supervisors. “It’s so important that these women supported and cor...
  • Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court
    Sep-13-20 San Francisco, CA  Two federal appeals courts have or will consider whether Lyft and GrubHub drivers are engaged in interstate commerce , and so exempt from the requirements of the Federal Arbitration Act (FAA). The California labor lawsuit . Rogers v. Lyft, Inc ., began as a dispute about the drivers’ lack of paid sick leave. The drivers&rs...
  • Amazon Last Mile Delivery Workers Get Right to Sue under California Labor Law
    Sep-8-20 San Francisco, CA California “last mile” delivery drivers, who are often hired as independent contractors, may have the right to file lawsuits for overtime, minimum wage and other California labor law violations. In a recent Ninth Circuit decision, Rittman v. Amazon , the court held that an Amazon Flex driver was not bound by the terms of...
  • Reaching a Settlement for Kome Restaurant Workers takes a Community
    Aug-20-20 San Francisco, CA Attorney Winni Kao with the Asian Law Caucus wants workers to know there are community groups and government agencies to help with California labor violations , particularly wage theft. “We encourage workers to stand together as they are likely all experiencing the same violations,” says Kao. Such was the case with Kome Japan...
  • July 1 Minimum Wage Rates Affect Other California Prevailing Wage Rules
    Aug-12-20 Los Angeles, CA On July 1 the minimum wage rate increased in 13 California cities and counties, including Los Angeles and San Francisco. Most minimum wage workers in these jurisdictions should have already seen the difference. These increases also ripple through California prevailing wage laws in less obvious ways. Employers who fail to comply with the f...
  • Can California Employers Make Overtime Mandatory?
    Aug-7-20 Sacramento, CA CASE, the union that represents California attorneys, administrative law judges and many other state employees, has objected to an ill-conceived coronavirus outreach effort that forced hundreds of Department of Industrial Relations employees to work over the Fourth of July weekend. Unlike many California Labor Code lawsuits, this dispute...
  • The Gig is Up for California Car Wash
    Jul-23-20 Sacramento, CA  MobileWash Inc. is the first gig company hit with a misclassification lawsuit under Assembly Bill 5 – a law making it illegal for companies to hire independent contractors and has violated the California labor code . The California Labor Commissioner’s Office targeted Mobile Wash because it allegedly “made a calculat...
  • PAGA Claims Survive Dismissal of California Labor Code Violations
    Jul-20-20 San Francisco, CA On June 26, the California Court of Appeals held that an employee could continue his state Private Attorneys General Act (PAGA) claim even after settling his California Labor Code lawsuit . Linehan-Clodfelter v. Vivint, Inc. closely follows the reasoning of the recent California Supreme Court decision in Kim v. Reins Internat. Cali...
  • California Supreme Court Clarifies Reach of California Labor Code
    Jul-13-20 San Francisco, CA  On June 29, the California Supreme Court handed down a pair of opinions that clarify the application of the California labor code  to employees who work both within and outside of the state. Ward v. United Airlines, Inc. stands broadly for the proposition that the California labor code applies to employees if the employee...
  • Rite-Aid not doing it Right
    Jul-3-20 Santa Clara, CA A California federal judge says Rite Aid violated California labor law by not reimbursing its employees for their uniforms. And one month previously, in May, Rite-Aid was hit with another lawsuit. Along with Thrifty PayLess Inc., about 10,000 employees may be owed wages for time spent undergoing off-the-clock security checks. Uniforms...
  • Aldi, Inc. Settles California Overtime Lawsuit
    Jul-1-20 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 t...
  • California Sues Uber and Lyft
    May-15-20 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. Lawyers are now beginning to see a lo...
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