Legal News Articles

California Labor Lawsuit Gets Class-Action Status

Anaheim, CA A California labor lawsuit filed by Walmart truck drivers has been given class-action status in some of its claims against Walmart. The California labor claims against Walmart include allegations that the company violated minimum wage, meal and rest break laws, and waiting time penalties, and also failed to provide accurate wage statements. Although class certification was granted on some of the California labor code claims, it was not granted on claims involving wage statements.

September 22, 2014

CALIFORNIA OVERTIME

California Labor Law: Popular “Day Rate” for Personal Attendants No Longer Legal

Woodland Hills, CA On January 1, 2014, the Domestic Workers Bill of Rights became law in California. The new law changes overtime pay regulations for domestic workers serving as personal attendants. Employers must now pay personal attendants overtime.

September 18, 2014

CALIFORNIA LABOR LAW

California Labor Lawsuit Class Members Want Dispute Back in State Court

San Francisco, CA A California labor lawsuit brought against a subsidiary of the giant Starbucks coffee juggernaut and filed originally in state court actually belongs in state court, according to the plaintiffs. The class-action lawsuit against Bay Bread LLC and two other co-defendants involves allegations with regard to missed rest periods and overtime pay with a class of plaintiffs, the majority of whom live in California.

September 15, 2014

CALIFORNIA LABOR LAW

California Labor Law: Settlement with Cheerleaders Announced

Oakland, CA A settlement has been announced in a California labor lawsuit involving the Oakland Raiderettes. The lawsuit, which must still be approved by the courts, has reportedly been settled for around $1.25 million. This settlement is the second victory linked to the lawsuit. In July, the Raiders reportedly announced a change to compensation for their Raiderettes cheerleaders.

The lawsuit was filed in January 2014 by Lacy T. and joined later by Sarah G., who alleged cheerleaders began their duties in April but were not paid until January, they were paid only $1,250 for the season - or approximately $5 an hour, which is less than minimum wage - and that they were not reimbursed for expenses incurred associated with their cheerleading roles.

The plaintiffs further alleged that they were charged fines and not given meal or rest breaks, and if they were benched during a game, they had to stay on the premises but were not paid for the day. Finally, they claimed they were required to attend many public appearances for which they were not paid.

“According to the Raiders’ policies and procedures, in the course of a season, each Raiderette is expected to make at least ten charitable appearances and one appearance for Oakland Raiders’ ticket sales, without any compensation,” court documents state. Plaintiffs argued that collectively, they make more than 300 appearances a year on the Raiders’ behalf, often with no guarantee of pay.

According to the Los Angeles Times (7/11/14), in July, the Oakland Raiders sent out a new contract that would pay their cheerleaders $9 an hour, plus overtime, which could amount to more than $3,000 for the full season. The contract also allows for the Raiderettes to be reimbursed for mandatory business expenses, and requires the cheerleaders to be paid twice a month rather than once at the end of the season.

In addition to the new contract, the Lacy T. lawsuit has reportedly been settled for around $1.25 million, the Los Angeles Times (9/4/14) reports. The settlement will cover approximately 90 cheerleaders who worked for the team from the 2010-2011 season and on. Cheerleaders who represented the team during the 2013-2014 season will receive $2,500 in back pay and penalties. The lead plaintiffs will both receive an additional $10,000.

Lawsuits have been filed by cheerleaders against other teams, including the Buffalo Bills and the New York Jets. A second lawsuit has also been filed against the Raiders by a different cheerleader. That lawsuit also names the NFL as a defendant.

September 8, 2014

CALIFORNIA LABOR LAW

“We’re Finally Getting Somewhere in the FedEx California Labor Lawsuit,” Says FedEx Driver

Sacramento, CA News that former FedEx drivers in California and Oregon can move forward with their California labor lawsuit is “a ray of hope” for Eric, who was classified as an independent contractor rather than a FedEx employee.

September 1, 2014

CALIFORNIA OVERTIME

Domestic Workers Eligible for Overtime Pay

Sacramento, CA Although it was a long time coming, overtime pay laws in California now extend to people who are employed as personal attendants. Unfortunately, because these California overtime laws are so recent, some employers may not realize they now owe personal attendants overtime pay, or they may realize it but willfully break the law. In any case, as of January 1, 2014, personal attendants are eligible for paid overtime.

August 30, 2014

CALIFORNIA LABOR LAW

Plaintiffs in California Labor Law Class Action Take On Olive Garden

Los Angeles, CA In what appears to be a broken record in the symphony that is California and labor law, a major restaurant chain is having to face the music over alleged rest period and meal break transgressions, striking a sour note amongst thousands of would-be plaintiffs in a pending California labor law class action.

August 25, 2014

CALIFORNIA LABOR LAW

SpaceX Faces California Labor Lawsuits

Hawthorne, CA In the latest California labor lawsuit to be filed, SpaceX faces allegations that it violated California labor law. Although the company is involved in rocket manufacturing and the space industry, allegations are that the company violated some earthly California labor codes, including laws guaranteeing California employees meal and rest breaks.

August 18, 2014

CALIFORNIA LABOR LAW

California Employees Paid Commission Take Note…

Los Angeles, CA A recent California Supreme Court decision in a wage and hour lawsuit affects California labor law regarding commission wages.

August 5, 2014

CALIFORNIA LABOR LAW

California Labor Lawsuit against Apple Certified Class Action

San Diego, CA A California labor lawsuit filed against Apple by former employees has been certified a class-action lawsuit. The lawsuit alleges Apple violated federal and California labor laws by denying timely payment of last paychecks and by not providing meal and rest breaks.

July 28, 2014