Wage & Hour News

Uber and Lyft Face California Labor Lawsuits

San Francisco, CA Though they may be relatively new on the business scene, Uber and Lyft already face California labor lawsuits alleging drivers for the businesses are misclassified as independent contractors when they should be considered employees, and therefore eligible for overtime, minimum wage and expenses. US District Judge Edward Chen, in San Francisco, has made comments on the Uber lawsuit, but according to the Los Angeles Times has not yet issued a ruling.

February 9, 2015

Cheerleaders to Gain Under Proposed California Labor Law Bill

Sacramento, CA On the heels of perhaps the greatest spectacle in professional and broadcast sports, the Super Bowl, a California assemblywoman and onetime cheerleader wannabe has authored a bill hoping to improve protections under California labor code for cheerleaders.

February 2, 2015

California Assembly Bill Protecting Temporary Workers Takes Effect

Sacramento, CA A California bill designed to protect temporary workers from California labor code violations took effect at the start of January. The law now makes companies responsible for the actions of temp agencies that they subcontract to. In other words, if a temp agency violates California labor law, the company that hired the temp agency could also be liable for those California employee violations.

January 26, 2015

California Overtime Law Class Action Seeks $5 Million

Irvine, CA An online real estate enterprise with an office in Irvine is facing an unpaid overtime lawsuit. The plaintiff, in fact, is seeking class-action status on behalf of over 100 hourly employees who serve as “inside sales consultants” for Zillow in the state of California.

January 18, 2015

$1.6 Million California Labor Law Settlement Involving Sears Approved

Los Angeles, CA A California labor law settlement that was previously rejected by a US District Court Judge in California has been revised and approved, marking an end to a legal battle for some 3,000 class members in a California labor lawsuit against Sears.

January 12, 2015

California Labor Lawsuit Filed by Workers at Port of Los Angeles

Los Angeles, CA A California labor lawsuit has been filed by workers at the Port of Los Angeles against a distribution company, alleging the workers are owed millions of dollars in wages. The lawsuit claims that the defendant leases land from the city of Los Angeles and therefore must pay a “living wage” instead of the minimum wage.

According to a press release, the lawsuit was filed against California Cartage and SSI Staffing in Los Angeles County Superior Court in December. The plaintiffs allege that because California Cartage leases land from the city of Los Angeles, it is subject to Los Angeles’ Living Wage Ordinance. Under the Living Wage Ordinance, workers for companies operating under certain license agreements are owed at least $11.03 an hour if they receive medical benefits and $12.28 an hour if they don’t receive medical benefits. Additionally, they are to be given 12 paid days off per year.

The workers allege, however, that they are paid between $9.00 and $10.20 an hour, receive no health benefits and are given as little as four paid days off per year. They further allege that they are not paid for days when they report to work but are sent home and are not always paid overtime when their shifts run long, according to the Los Angeles Times (12/18/14).

California Cartage reportedly subcontracted its staffing to SSI Staffing, with approximately 80 percent of the workers employed by temporary agencies such as SSI Staffing.

In its documentation of the Living Wage Ordinance, the city of Los Angeles notes that low pay has a negative effect on the quality and quantity of services rendered while fostering “high turnover, absenteeism, and lackluster performance.” The city further notes that not receiving a living wage makes it difficult for workers to live in Los Angeles.

As such, the Living Wage Ordinance requires certain firms to pay an hourly wage above minimum wage and provide a minimum number of paid days off per year. The ordinance covers not only contractors but also subcontractors.

The lawsuit could cover more than 500 workers and involve millions of dollars in unpaid wages, according to the Los Angeles Times.

Companies that are found in violation of Los Angeles’ Living Wage Ordinance could face a lawsuit filed by employees. Employees could receive back pay, attorney’s fees and damages for willful violations of the ordinance.

January 5, 2015

Los Angeles Files California Overtime Lawsuit

Los Angeles, CA Los Angeles City Attorney Mike Feuer has filed a California overtime lawsuit against a contractor, alleging the contractor failed to properly pay its employees hourly wages and overtime. The lawsuit alleges violations of wage and overtime pay laws to the tune of more than $250,000 related to work done in building the South Los Angeles Animal Care Center.

December 30, 2014

Bad Apple in California Labor Pool

San Diego, CA Next time you sidle up to the Genius Bar at Apple, you might want to ask your “genius” if she or he had a meal break or rest break today. If not, that Apple employee should be made aware that about 20,000 former employees have joined a California labor class-action lawsuit against the company.

December 10, 2014

Sprint California Lawsuit Alleges Workers Not Paid Properly

San Francisco, CA A California labor lawsuit filed by workers against Sprint Nextel Corp alleges employees were not properly paid for all hours worked. Specifically, the lawsuit alleges employees were not paid for time spent on activities required before clocking in, such as starting computers, in violation of labor laws. The lawsuit also alleges violations of overtime pay laws.

November 24, 2014

Chase Bank to Settle California Labor Lawsuit

Santa Ana, CA JPMorgan Chase Bank will reportedly settle a California labor lawsuit that alleged the bank violated federal and California labor laws, as well as labor laws in 11 other states by forcing employees to work off the clock. According to reports, approximately 145,000 current and former employees are affected by the settlement.

November 10, 2014
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