employment lawyer Orange County

California Wage & Hour Lawsuit Plaintiff Given Green Light for Damages Under Both UCL & Statutory Claims

September 30, 2022 | by Nassiri Law

In pursuing a California wage & hour lawsuit, there may be several local, state, and federal regulations and laws under which claims may be brought. It’s not uncommon for employer defendants to try to argue dismissal of as many of those claims as possible on whatever grounds they can. Holding them to full account for each violation requires hiring an Orange County employment lawyer with extensive knowledge of the law and precedent, as well as a lengthy track record of success in similar cases.

Recently, a California appellate case underscored how claims may be filed under overlapping laws, with legal remedies available under each.

The case, Ayala v. U.S. Xpress Enterprises, Inc., was a class action case filed by drivers for a transportation firm whose services included cross-country truckload shipping. The plaintiff drivers allege the business wasn’t in compliance with California wage and hour laws because it paid employees by the length of the trip, versus how much time it took to make each trip. The company focused more on the approximate distance of each delivery, versus the actual hours drivers worked.

Court: California Doesn’t Require Companies to List PTO on Regular Paychecks

November 17, 2016 | by Nassiri Law

Businesses in California don’t have keep a running tally of paid time off or vacation hours accrued on worker paychecks or wage statements, according to a new state appeals court ruling.

In Soto v. Motel 6 Operating, L.P., plaintiff alleged employer violated California Labor Code section 226, subdivision (a), by not including the monetary amount of vacation pay/ PTO on employees’ wage statements. A three-judge panel for California’s Fourth Appellate District disagreed, affirming the lower court’s ruling in favor of the company after it was sued by a former worker in 2015.

Plaintiff worked for the hotel chain for almost three years, from 2012 to 2015. A few months after she left the company, she brought a representative Private Attorney General Act of 2004 (PAGA) action for a violation of the aforementioned statute. The law says, in part, that every employer shall on a semimonthly basis at the time of payment of wages give each employee an accurate, itemized statement that shows in writing:

Gross wages earned;
Total hours worked (except those based on salary who are exempt from overtime);
Number of piece-rate units earned;
All deductions;
Net wages earned;
Inclusive dates of the period for which employee is paid;
The name of employee and last four digits of his/her social security number with wage statements that set forth “all vacation and PTO wages accrued during the applicable pay period.”

Poultry Processing Workers Allege Illegal, Unethical Employer Actions

May 16, 2016 | by Nassiri Law

Chicken doesn’t come cheap. Or at least, not for the workers who toil to process it for the masses.

A new report by Oxfam America asserts workers in U.S. poultry processing plants risk high rates of injury, illness, difficult working conditions and unsympathetic bosses. But perhaps the worst offense, the one that is the greatest assault on their dignity as human beings: Lack of access to adequate restroom breaks.

This takes a toll on all workers, but women especially. Routinely, the workers say they are denied requests to use the restroom. Supervisors not only deny or ignore their requests, they mock them for it. They threaten punishment. In some cases, they threaten to fire them. Workers told researchers it was not uncommon for them to wait up to an hour or more after making the request. Even when acquiesced, the supervisors usually set a time frame in which they must return.

Horrifyingly, workers say they are forced to wear diapers that allow them to urinate and defecate where they stand on the assembly line. They reduce the amount of liquids they drink – sometimes to a dangerous degree – so they won’t risk needing to use the restroom at work. They endure pain and discomfort and worse, serious health problems as a result of these violations of basic human rights. Continue Reading ›