California wage and hour lawyer

Peloton Faces California Wage and Hour Employment Lawsuit

March 16, 2022 | by Nassiri Law

Fitness equipment and media company Peloton is accused of wage and hour violations in a California employment lawsuit, a proposed class action that was filed in Los Angeles Superior Court and which the company is trying to have removed to federal court.

The complaint was filed shortly after the 1st of the year and alleges Peloton violated numerous elements of the California Labor Code due to failure to pay fair wages and issuing inaccurate wage statements.

As our Los Angeles employment attorneys understand it, the plaintiff was a hourly, non-exempt sales associate for about 6 years. He alleges the company denied him fair wages and other benefits during those six years.

More specifically, the nine-count complaint alleges: Continue Reading ›

Top 3 Ways California Companies Violate Wage and Hour Laws

January 7, 2021 | by Nassiri Law

California provides numerous protections for workers’ wage and hours. Most employers strive to pay their workers fair wages for the hours they work, but end up making mistakes and violate these laws. As our Orange County wage and hour lawyers can explain, even unintentional violations can have serious consequences for the business and owner. Companies have a legal obligation to be aware of their duties.

Here, we outlined the Top 3 Wage and Hour Mistakes made by employers. Continue Reading ›

Effect of Tighter Independent Contractor Rules on California’s Small Businesses

December 26, 2019 | by Nassiri Law

A new law intended to make it harder for companies to misclassify workers as independent contractors rather than employees has been the source of much controversy and litigation – even though it doesn’t take place for another week.

Los Angeles employment lawyers know that while AB5 has a fair amount of detractors among mega-corporations like Uber (largely the kind of worker relationship model the law intended to target), small businesses that use freelance independent contractors are likely to be impacted too.

The designation of independent contractor has become a store point for lawmakers and labor advocates who argue many of these workers are doing jobs that should count them as employees, entitling them to certain valuable benefits like minimum wages, overtime, sick pay, workers’ compensation insurance if they’re hurt on the job or unemployment insurance if they’re suddenly laid off. Freedom from the responsibility of having to pay these expenses has proven an attractive prospect for many employers. But their designation isn’t the last say. It can be challenged – and increasingly is – since last year’s Dynamex decision by the California Supreme Court and now AB5, both of which strengthen worker protections and make it more difficult for companies to claim workers are independent contractors as opposed to employees. Continue Reading ›

Ninth Circuit Rules Brand Control Not Enough to Establish Joint Employment of Franchisor

October 1, 2019 | by Nassiri Law

The joint employment of a fast-food franchisor can’t be established in California employment lawsuits just because the company asserts control over the franchisee’s branding. Instead, the U.S. Court of Appeals for the Ninth Circuit ruled that plaintiffs will need to show sufficient control over things like worker hours, wages and job conditions under numerous legal theories.

In the case before the Ninth Circuit, Salazar v. McDonald’s Corp., the court held that the McDonald’s Corporation didn’t exercise sufficient control over the workers at a Bay Area franchisee to be held as a joint employee for alleged violations of state wage laws. Continue Reading ›

Understanding the De Minimis Doctrine in California Employment Law

August 12, 2018 | by Nassiri Law

The California Supreme Court ruled that employers in the state cannot invoke the federal de minimis doctrine to avoid paying workers for required duties they perform off-the-clock.

This California wage theft class action lawsuit filed by a Starbucks employee who alleged the store was requiring him to work for several minutes each shift without being paid. When multiplied by the minimum wage, this work amounted to more than $100 over the course of 17 months.

In granting summary judgment in favor of the employer, the trial court relied on the 1946 U.S. Supreme Court ruling in Anderson v. Mt. Clemens Pottery Co., wherein the court concluded that “a few seconds or minutes of work beyond the scheduled working hours… may be disregarded.” The basic concept is that the courts do not concern themselves with “trifles.” Federal courts have held that it can be applied in cases where small amounts of wages that would otherwise be compensable can be excused when they are difficult to administratively record.

The California Supreme Court reversed, noting the de minimis rule doesn’t apply here. Continue Reading ›

Lawsuit: “Phantom” Meal Breaks Keep Nurses on Job With No Pay

December 15, 2016 | by Nassiri Law

A wage-and-hour lawsuit filed in Texas by a nurse at a large hospital alleges the health system docks the pay of nurses each shift for 30 minutes, but they aren’t actually allowed a 30-minute meal break. Instead, nurses are expected to remain on duty for the duration of their shift.

According to the Houston Chronicle, plaintiff is seeking class-action status for her and 4,000 other nurses who she says should be paid for the time they spend with patients on “phantom” lunch breaks. The lawsuit was filed in a federal court in Houston. Plaintiff asserts the hospital system’s payroll program automatically takes out 30 minutes for meal periods every shift, even though nurses don’t actually get 30 minutes uninterrupted in any given shift. Instead, nurses have to be available the entire shift to care for and attend to patients.

In California, the Department of Industrial Relations holds that companies can’t force an employee to work more than five hours in a given day without providing the worker meal breaks of at least 30 minutes. The only exception is if the worker’s entire work day is no more than six hours. In that case, the meal break can be waived – but only if both the employer and employee mutually consent to it. Further, workers are entitled to a second, 30-minute meal break after 10 hours, except if the employee is going to be working no more than 12 hours and there is mutual consent from both employee and company. (Some variations exist within the motion picture industry.) Continue Reading ›

California Wage Theft Alleged at Bay Area Elder Care Facilities

February 15, 2016 | by Nassiri Law

Authorities in charge of investigating wage theft tend to avoid making generalizations about an entire industry. However, state and federal investigators have recently spoken out forcefully against what they say is a serious and growing problem for California workers: wage theft and other employee abuses at elderly care facilities.

It’s an industry that tends to employ workers who are poor and often illegal. That means they are more likely to be extorted and abused.

Case-in-point: Florinda Yambao. The 63-year-old woman owned numerous residential nursing homes throughout Contra Costa County. Last year, she was convicted of tax fraud, insurance fraud and theft. She had defrauded workers of hundreds of thousands of dollars in pay and then, the court ruled, committed tax fraud in order to cover it all up. She was placed on probation and ordered to pay $1 million in restitution to her victims. Continue Reading ›

California Legislature Acts to Bar Mandatory Employment Arbitration Agreements

September 7, 2015 | by Nassiri Law

According to a recent news article form the National Law Review, the California state legislature has just passed Assembly Bill 465 (AB 465), which prohibits the use of mandatory employment agreements by employers in the state. With the bill having passed, it is up to the governor to sign the law by the middle of October or challenge it

The new law would effect any employment arbitration agreements entered into, renewed, or revised after the first of next year. There is also a provision in the new law making it illegal for an employer to retaliate against or threaten any employee for refusing to sign an arbitration agreement. Continue Reading ›

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.