Orange County wage and hour attorney

California Meal & Rest Break Violations: Should Companies Also Face Pay Stub & Waiting Time Penalties?

January 7, 2022 | by Nassiri Law

The California Supreme Court is slated to decide a case expected to settle a long-running debate on whether waiting time penalties are recoverable for meal and rest break violations.

Employers, employees and labor law attorneys should be closely watching the case of Naranjo v. Spectrum Security Services, Inc. Petition for review of the case came after the Court of Appeal affirmed in part and reversed in part the original trial court judgment.

The state high court is being asked to resolve two primary questions:

Does a violation of California Labor Code Section 226.7 (requiring premium wage payment for meal and rest period violations) give rise to additional claims for paystub penalties and waiting time penalties when companies pay an employee regular wages for breaks?
What interest rate applies for unpaid premium wages under the law?

As our Orange County wage and hour lawyers can explain, it has to do with what additional penalties are owed when employers fail to meet their legal pay obligations to workers deprived of meal and rest breaks, as afforded under the law.

How This California Employment Law Case Arose

This is a class action lawsuit filed by the primary plaintiff on behalf of himself and other current/former employees of a private security company (government contractor) who alleged that violations of meal break and rest break laws entitled them also to derivative remedies under laws pertaining to wait time penalties and pay stub penalties. Continue Reading ›

Wage Theft Alleged by Hundreds of Amazon Delivery Drivers

September 13, 2018 | by Nassiri Law

A quick internet search reveals dozens of jobs are listed at Amazon’s distribution and fulfillment center in Irvine, California (right here in Orange County) ranging from warehouse fulfillment to Whole Foods Shoppers. But there may be a reason such positions are constantly in rotation. Recently, Business Insider reported more than 200 delivery drivers are suing both Amazon and one of its third-party courier companies, TL Transportation, over claims of wage theft / unpaid wages.

Orange County employment law attorneys have seen allegations of labor law violations by employees and designated independent contractors for the e-commerce giant and its partners piling up in recent years. Plaintiff lawyers say the company is using third-party contractors for its delivery posts in order to avoid legal liability for violations of state wage and hour laws. Third-party courier firms like TL, plaintiffs say, are tiny and thinly-capitalized, meaning they are unable to pay up when workers are cheated of rightful wages and mandated work breaks.

Just last month, a federal judge ruled this third-party courier’s pay system – which involved a flat rate for all delivery drivers, regardless of hours worked – failed to pay drivers properly, particularly with regard to overtime hours. It’s unclear precisely what Amazon’s liability will be in this, but our employee rights attorneys understand the class action lawsuit seeks to hold both firms accountable for willfully crafting an employment and pay structure that skirts labor laws and skimps on rightful pay. Continue Reading ›

Employees Win in California Supreme Court Wage and Hour Ruling

March 14, 2018 | by Nassiri Law

Employees got a big win in California Supreme Court recently in a case that ruled on interpretation of guidelines regarding overtime wages. The case in particular examined what formula should be used to calculate overtime wages and whether companies should follow Division of Labor Standards Enforcement rules or federal standards. Plaintiff said company was undercutting his pay by using the federal formula rather than following California rules, which give more favor to employees. And the high court, thankfully, agreed.

Overtime rate of pay is usually calculated using a formula of 1.5 times the regular pay rate. If an employee makes an hourly wage and nothing else, the calculation is easy. For example. someone who earns $12 per hour would receive $18 per hour once they rolled into overtime hours. But there are different interpretations as to what the calculation would be when an employee has additional income that needs to be included, such as a flat sum bonus, according to a Bloomerg report. That’s the crux of the case at hand.

Defendant in this case was a manufacturing company that paid workers an extra $15 bonus for each Saturday or Sunday they worked. The bonus was the same regardless of how many hours were worked on that shift. Defendant was using the federal formula for calculating the overtime rate of pay, which adds up all income earned and divides by all hours worked, including the overtime hours. A lower appeals court sided with the company, sending the case up to the state Supreme Court.

Trucker Wage Lawsuit Results in $54 Million in Damages

December 29, 2016 | by Nassiri Law

For denying fair wages to hundreds of truck drivers in California, retail giant Wal-Mart will have fork over $54 million in damages. The company may also face additional penalties from the state for violating California labor laws.

A federal jury decided a class action lawsuit recently in favor of hundreds of drivers who worked for the company between October 2005 and October 2015. They had been seeking $72 million in damages, so this verdict fell somewhat short, but legal experts agree was a plaintiff victory nonetheless. Additional penalties and damages could push the total amount owed by the firm well past the $150 million mark. The amount of those civil penalties will be determined by a judge.

The seven jurors ruled the company did not properly pay wages to its drivers in adherence to state law for certain activities, including washing and inspecting their trucks and during layovers. Most of the damages claimed by the workers were for the time spent during layovers. Continue Reading ›

Waitress Minimum Wage Lawsuit Targets Side Work Duties

August 18, 2016 | by Nassiri Law

Anyone who has ever worked in the restaurant service industry is familiar with the term, “side work.” It’s the work that servers are often required to do on top of the normal serving of tables. What many workers may not know is that payment for these duties must be at least the minimum wage. The federal minimum wage is currently set at $7.25.

A recent wage and hour lawsuit in North Carolina highlights this problem.

A former server at a restaurant chain alleges the company paid her – and hundreds of other workers – just $2.13 an hour (typical for waiters and waitresses), even while requiring her to do side work for which she should have received minimum wage. Continue Reading ›