wage and hour lawsuit

Home Care Aides, Nannies, Get Wage and Hour Boosts

October 24, 2013 | by Nassiri Law

Efforts at both the state and federal level have boosted the level of workplace protection for home health aides, nannies and other domestic workers.

Our Costa Mesa wage and hour attorneys understand that two separate measures will extend minimum wage and overtime protection to these workers, many of whom historically had been treated under the law as little more than “babysitters.”

Advocates for low-wage workers say such measures will go far in ensuring that these workers – primarily female minorities – will be treated equally under the law.

Employment Lawsuit Issues To Take Center Stage in New U.S. Supreme Court Term

October 18, 2013 | by Nassiri Law

As the U.S. Supreme Court begins another session this month following its summer recess, there are a number of pending cases that could have a significant impact on labor and employment law.

While our Costa Mesa wage and hour lawyers want to be hopeful about the outcome of these cases, the reality is that the court did not hand out many decisions that favored workers during the last term.

The 2012-2013 term resulted six-out-of-six “wins” for employers. These decisions aided employers in a number of ways. In general, those included making it easier to win cases against them, discouraging such cases from being filed in the first place, making it tougher to obtain class action status and clearing the way for more cases to be decided via arbitration, which is generally considered more favorable to the business than the worker.

California Wage and Hour Lawsuits May be Prompted by New Minimum Wage Law

October 12, 2013 | by Nassiri Law

California has always been a trailblazer.

The latest new territory involves being the first state to raise hourly minimum wage rates to double digits – $10-an-hour by 2016, per a bill that recently received Gov. Jerry Brown’s signature. In the interim, the rate will graduate to $9 hourly by next summer.

While this is good news, we fully anticipate this change will coincide with a rise in California wage and hour lawsuits.

Wage and Hour Lawsuit Filed Against Outback Restaurant Chain

October 10, 2013 | by Nassiri Law

Historically, large restaurant chains have been one of the top violators of federal and state wage and hour laws in the U.S.

This may have to do with the fact that the restaurant industry is unique in the way it is permitted to structure its pay (on the basis of tips). The hours are usually not the typical 9-to-5, and it is typically lower-level staff (servers, bussers, line-cooks and hosts) who are exploited.

Outback Steakhouse is no exception. Our Costa Mesa wage and hour lawyers have learned the latest claim against the chain is a class action that stems from a group of Nevada employees. They allege the company failed to provide them with breaks to which they were legally entitled, mandated they begin working prior to the start of their shifts and discriminated against nursing mothers by not providing enough break time or private settings for them to pump milk.

California Wage and Hour Lawsuit Nets $2.2 Million Settlement

September 25, 2013 | by Nassiri Law

It is one of the largest providers of elder care in the country.

Emeritus Senior Living facilities boast hundreds of locations across the country, thousands of workers and rake in millions in profits.

And yet, as our Costa Mesa wage and hour dispute attorneys understand, when it came time to providing adequate compensation to those trusted to care for our most vulnerable citizens, the for-profit health care provider did everything it could to skirt employment laws and boost its bottom line.

Costa Mesa Employment Lawyers: Firms Must Properly Classify Workers

September 14, 2013 | by Nassiri Law

A new survey released recently by Inc.com indicates that roughly 20 percent of small business owners are voicing preference for independent contractors over full-time employees.

Part of the reason reportedly has to do with employer requirements under the soon-to-be-enforced Affordable Healthcare Act, but our Costa Mesa wage and hour lawyers recognize that employers likely see other benefits too.

Among the pluses noted by employers:

California Wage and Hour Lawsuit Against Apple Seeks Class Action Status

August 15, 2013 | by Nassiri Law

A wage and hour lawsuit filed against Apple Inc. late last month in U.S. District Court in the Northern District of California alleges the technology firm failed to pay workers for time they were required to spend on the job.

Our Costa Mesa wage and hour attorneys understand that the plaintiffs in Frlekin et al v. Apple Inc. are seeking class action status against their former employer, alleging they were forced to wait in line to be searched at the end of each shift.

The goal of the searches, during which supervisors combed through hourly workers’ purses, backpacks and other personal items, was to ensure that the employees weren’t heisting an iPhone or an iPad or some other device in the course of their shift.

California Wage and Hour Law at Issue in Fast Food Class Actions

July 31, 2013 | by Nassiri Law

A class action lawsuit has been filed on behalf of California workers employed at a popular, nationwide burger chain, accused of break and overtime violations.

This suit joins previous litigation filed on behalf of current and former employees of a Mexican fast food chain.

Our Costa Mesa overtime attorneys know that chain operations, particularly those that employ low-wage, low-skill workers, tend to be prone to this type of violation because they believe they can get away with it.

Overtime Court Battles Wage in California, Nationwide

July 23, 2013 | by Nassiri Law

A class action overtime lawsuit involving Los Angeles mechanics who alleged they were unfairly denied overtime pay by their employer has been settled for $3.5 million, meaning each claimant can expect to receive between $9,000 and $10,000.

Our Costa Mesa wage and hour attorneys know that cases like this are becoming more common, as workers become more and more educated about their rights.

It helps that there are a number of recent cases in which workers have won big in these cases. That’s encouraging, but it’s also natural that workers want to fight for themselves and fair wages.

Tipped Workers Stiffed by Court in Starbucks Case

July 21, 2013 | by Nassiri Law

The Court of Appeals in New York has issued an opinion stating that Starbucks shift supervisors may share in the barista tip pool, despite their supervisory role.

Our Costa Mesa wage attorneys recognize that a similar case out of California was the catalyst for this ruling.

The coffee powerhouse had initially been ordered in 2008 by the San Diego County Superior Court to pay some $86 million in restitution to baristas nationwide for improper tip practices, plus another $20 million in interest. The lawsuit centered on the exact same issue: Should shift supervisors be allowed to share in those tips?