Articles Posted in wage and hour lawsuit

Employers have a long history of trying to classify employees as independent contractors rather than employees. The reason for this is that the company is not required to pay Social Security for independent contractors it hires, the company does not have to provide the workers with benefits, and the company is not automatically liable for any negligent acts committed by independent contracts, as it would be with employees.

In Craig v. FedEx Ground Package Sys., Inc., an appeal heard in the Supreme Court of Kansas, involved a number of class actions suits filed across the country by current and former delivery drivers who worked for defendant.  Drivers were seeking a judicial determination that they were entitled to all costs and expenses they spent while working for defendant and repayment for all overtime wages that they were never paid. Continue Reading ›

Dynamex v. Superior Court of Los Angeles County is yet another example of a package delivery service trying to classify its drivers as independent contractors instead of employees to avoid paying overtime and benefits. This case was heard before Court of Appeal for the State of California Second Appellate Division.

In Dynamex, two men were hired by delivery service as drivers. Prior to 2004, delivery service had classified all of its drivers as employees protected by California state employment laws. In 2004, delivery service converted the official status of all driver-employees to independent contractors. Continue Reading ›

The NFL has been under scrutiny for failing to take action against players charged with violent offense, as well as additional wage and hour claims. According to the L.A. Times, the NFL settled a claim with Oakland Raiders cheerleaders for $1.25 million. The settlement is intended to cover back pay to as many as 90 former cheerleaders. The settlement is still awaiting approval from a judge. Cheerleaders who played on the team between 2010 and 2013 can recover $2,500 in back pay for the 2013 season and $6,000 for each of the other three seasons.

The lawsuit was filed against the Raiders in January, alleging that the NFL and team owners violated California labor laws by withholding salaries until the end of the season. This pay arrangement forced the cheerleaders to pay for their own employment related expenses and resulting in below minimum pay rates. The salary of $1,250 was equal to less than $5 per hour, according to the complaint. Our Orange Count wage and hour law attorneys represent employees throughout California who have suffered from an employment law violation. We represent employees in cases involving wage theft, discrimination, sexual harassment and contract disputes.

According to reports, the Raiders announced that cheerleaders would be paid the minimum wage for the 2014-2015 season. The team and the NFL also agreed to ensure that their practices were in line with California minimum wage laws. Rather than being paid at the end of the season, the Raiders have agreed to pay their cheerleaders on a bi-weekly basis. The cheerleaders will also make overtime when they are mandated to show up for celebrity appearances and other events that were once required without pay.

In California and nationwide, workers who are already subjected to low wages must also be wary of wage theft, arising from failure to pay overtime and other labor law violations. In the most recent case involving wage theft, hundreds of thousands of warehouse workers stand to collect $21 million in a settlement with a national trucking company. Complaints from these workers are many and varied. Some worked overtime without receiving time and a half. Others worked 60 or 90 days straight without a day off. This case is one of many brought in California and nationwide that illustrate the widespread instances of wage theft in America.

Wage theft may occur in various forms including failure to pay overtime, denial of breaks, and failure to comply with state and federal wage laws. Unfortunately, low wage and immigrant workers are often the targets of these abuses. Fear of losing their jobs or getting deported also make it less likely that the abuses are reported. Our Orange County employment law attorneys are dedicated to protecting the rights of workers throughout Southern California. We understand the significant stress and losses faced by those who have suffered from wage theft. Our attorneys will take the time to review your case, identify the proper course of action, and fight aggressively to recover the compensation that you are due.

According to a recent report in the New York Times, state and federal officials have found that an increasing number of companies are violating wage laws than before. The agencies have had to pursue additional enforcement actions and found that many companies choose to flout wage laws simply because they are motivated by beating out their competitors for higher profits. Authorities say that wage theft is on the rise because of changes in the national business structure, including an increased dependence on subcontractors, temp agencies, freelancers and other classifications that allow employers to cut costs and wage payments.

Employment laws and regulations are intended to protect all workers, from low-paying employees to executives. In some cases, higher-wage or salary employees, or commissioned employees, can be exempted from certain legal requirements. In a recent California case, the Supreme Court issued a unanimous decision that clarifies some complexities related to employee commission payment agreements. According to the decision, the existing commission plan set forth by Time Warner Cable did not satisfy the commissioned sales exemption. This decision will render the company liable for unpaid wages.

The Time Warner commission plan required employees meet three conditions before they were paid. Once they earned the commission, the employees were paid on the second paycheck in the following month. The Supreme Court found that this arrangement was in violation of California wage law and the exemption. Our Orange County wage and hour law employment attorneys are dedicated to raising awareness to protect the rights of workers in Southern California and nationwide. We are experienced in the investigation and pursuit of wage and hour violations and will help employee recover the compensation they are due. In addition to representing our clients, we are abreast of developments in wage and hour law and in raising awareness to prevent future violations.

Under the minimum earnings requirement for the commission exemption, “earnings” must be calculated based on the amount of wages “actually paid during the period.” Firstly, the agreement failed to pay employees during each pay period. This policy is not adequate because employees are required to be paid within the period their commissions were earned. The policy also unlawfully allowed the company to reassign wages to other pay periods to satisfy minimum earning requirements. Under California law, the “commissioned sales exemption” only applies to employees who earn at least one and a half times more than the state minimum wage. Employees must also make more than 50% of income from commission.

Some job descriptions are more complicated when it comes to wage and hour law; however, every company is responsible for ensuring compliance. In a recent case, truck drivers who worked for Anheuser-Busch are filing a lawsuit alleging that the brewing company discouraged employees from taking breaks for meals or rest. The plaintiffs have filed a $5 million lawsuit to recover compensation from the company for its failure to pay for overtime hours. The lawsuit was filed in a federal California Court and is a class action on behalf of all other Anheuser-Busch InBev drivers.

Wage and hour class actions can be complicated, involving hundreds or thousands of employees. Our Orange County employment law attorneys are dedicated to protecting the rights of our clients who have suffered wage and hour violations, discrimination, and any other employment misconduct. We understand the complex nature of any employment dispute as well as the challenges of class action litigation. Employees who have suffered have the right to take action against their employers and to recover the full compensation they deserve.

According to reports, the class could reach over 400 members depending on how many individuals are still working for the company and how many were employed over the past four years. Together the two divers have been with the company over 40 years. During that time, the plaintiffs worked many weeks in excess of 40 hours. Despite these long hours, the company has continued to deny the drivers overtime. Federal law requires that employees get an overtime rate of 1.5 times their regular pay for any overtime worked. In addition to denying them overtime, the employees were not allowed to take paid meal or rest breaks. Though the driver had a written policy to require the breaks, drivers were discouraged and even prevented from taking them.

Under federal law, employees are entitled to breaks for meals and rest. Overtime payments are also required when an employee is required to work more than a standard 40-hour week, unless that employee is classified as “exempt.” In the event that a company is in violation of state or federal labor laws, an employee has the right to take legal action to collect overtime pay. In a recent case of wage and hour violations, LinkedIn is expected to pay nearly $6 million to settle a lawsuit filed by The Labor Department for unpaid overtime.

According to Reuters, LinkedIn has agreed to pay $6 million in overtime to 359 current employees. The lawsuit is based on investigation by the U.S. Department of Labor finding that the company violated federal wage laws. Our Orange County overtime wage attorneys are dedicated to protecting the rights of clients and putting an end to wage and hour law violations. Our priority is to help defendants take legal action against unlawful employers to collect rightful back pay and compensation.

LinkedIn reached a settlement agreement with the Labor Department to pay $3.3 million in retroactive overtime wages and an additional $2.5 million in damages to workers in California, New York, Illinois, and Nebraska. A representative from the government agency reported that LinkedIn has already mailed payments to employees involved in the settlement. The Labor Department reported the company acted responsibly and cooperated fully by working to quickly resolve the dispute and make the workers whole.

Apple is facing another class action that could prove costly if 20,000 employees succeed. According to the New York Times, a California state court has certified a class of former Apple employees over wage and hour claims. The complaint states that the company failed to provide meal and rest breaks in accordance with state and federal labor laws. The lawsuit also alleges that the company denied the workers breaks entirely. The Superior Court judge in the County of San Diego granted class certification to retail employees and former workers at the Apple Corporate Headquarters.

Both federal and state laws protect workers from abuse and exploitation of workers. In many cases, individual or groups of employees may be forced to take legal action against employers who have violated wage and hour laws. Our Orange County wage and hour claims lawyers are experienced in handling complicated wage and hour and class action claims. For individuals who have suffered a wage and hour violation, we will take the time to review your case, identify your goals, and pursue any available legal recourse on your behalf.

The lawsuit involves wage workers, ranging from junior engineers to Apple Store employees. According to lawyers for the plaintiffs, Apple deliberately violated California labor law. In accordance with California law, employers are required to provide a 30-minute lunch break within the first 5 hours of an employee work shift. Employers must also designate a 10-minute rest period every four hours. California labor laws also require that a second break is provided when a shift runs between 6 and 10 hours. The Superior Court judge reviewing the Apple case found sufficient evidence that Apple failed to authorize a second rest period for workers taking on longer shifts. In addition to denying a second rest period, the complaint alleges that Apple’s policy did not provide for meal periods or rest periods. The case also involves the denial of final paychecks to Apple employees.