wage and hour theft

California Wage Theft Criminalized as a Type of Grand Theft

October 28, 2021 | by Nassiri Law

Employers who intentionally commit wage theft in California could find themselves facing criminal grand theft charges. Assembly Bill 1003, a new law recently signed by Gov. Gavin Newsom, allows employers of all sizes to be held criminally accountable for intentionally stealing workers’ wages or tips. Individual owners, managers, and executives may be found personally responsible in criminal court.

The law establishes a new type of grand theft. Any company that steals more than $950 from a single employee or $2,350 from two or more employees over a consecutive, 12-month stretch will potentially face criminal charges.

What’s more, the law also encompasses protections for independent contractors as well as employees. That means hiring entities would face equal consequences for theft of wages involving independent contractors as they would employees. As our Los Angeles wage and hour theft attorneys can explain, that significantly broadens the scope compared to most other California and federal employment laws.

Grand theft is punishable either as a misdemeanor (up to one year in jail) or felony (up to 3 years in prison). Fines are often imposed as a result of the penalties as well. The new law allows wages, tips, or other compensation that are subject to a prosecution may be recovered as restitution. It should be noted, however, that civil litigation may still be the best way to recover all damages. If your employer is arrested for wage theft, it’s important to discuss your legal options with an attorney.

Employers should take decisive steps now to ensure their policies are fair and lawful to ensure they do not run afoul of the new law. Continue Reading ›

California Truck Driver Classification at Issue in Pending Case

August 15, 2018 | by Nassiri Law

A trucking association representing trucking companies in 11 states is petitioning the U.S. Department of Transportation to intervene in an ongoing legal challenge over state-mandated truck driver breaks.

The group, Western States Trucking Association, has also filed a lawsuit over the owner-operator status, arguing these two issues impact all trucking carriers operating California – no matter where they are based.

The petition submitted to the DOT last month asks for a declaration that truck drivers hauling overweight and over-sized loads are subject to the federal hours of service rules, which (they argue) should supersede the state’s mandated break requirements. The complaint names as defendants the California Department of Industrial Relations as well as the state attorney, and seeks to a nullification of the state supreme court’s ruling that (they say) effectively “eliminates the use of owner-operators, even on-truck motor carriers,” from the trucking industry. Continue Reading ›

California Garment Industry Wage Theft Rampant, Say Officials

January 21, 2017 | by Nassiri Law

When we see a product that says, “Made in the USA,” we assume that means the workers who brought that product into being were treated and paid fairly. But unfortunately, as a recent study by the U.S. Department of Labor reveals, that is not necessarily true – especially if the product we’re talking about is clothing made in L.A.

The report notes that there are more than 40,000 people – mostly immigrant women – who work in clothing factors to the east and south of downtown Los Angeles. The U.S. Labor Department’s report indicates that many of those workers are paid far less than what they are legally entitled to receive. The government agency says long hours by workers typically don’t amount to overtime, as required by federal law for any worker who toils more than 40 hours weekly. Additionally, some worker are paid by the piece, which means they sometimes earn far less than even minimum wage. In some cases, factors, including TJ Maxx, Forever 21 and Ross, are paying worker as little as $3 an hour for their work.

The report indicated that 85 percent of the garment industry companies studied were in violation of federal record keeping and minimum wage laws. There were more than 660 investigations that involved some 5,160 workers over the course of three years. That amounted to an estimated $8.1 million in stolen wages. 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 ›