Wage & Hour News

Claim Adjusters May Not Be in Good Hands with Allstate

Los Angeles, CA In a case that’s been characterized as wage theft by the plaintiff’s legal team, a California labor lawsuit has been granted favor by the United States Court of Appeals for the Ninth Circuit after the latter determined a class-action lawsuit against Allstate Insurance Company (Allstate) can move forward. The insurance juggernaut had attempted to quash the suit.

November 3, 2014

Supreme Court Hearing Unpaid Wages Lawsuit

Washington, DC The US Supreme Court has heard arguments in a lawsuit that could have implications for California labor lawsuits. At issue in the lawsuit is whether or not employers must pay employees for time spent going through security checks during and after work. Employees argue that not paying them for that time amounts to unpaid wages and violations of various labor codes. The Supreme Court’s ruling will have an effect on a California labor lawsuit underway against Apple.

October 27, 2014

Personal Attendants Subject to Overtime Pay Violations

Anaheim, CA Maybe it is because they often work alone, in isolation from others in their industry. Maybe it is because they are generally not unionized and sometimes in the country illegally. There are many reasons why people who work as personal attendants might be subject to unpaid overtime, but as of the passing of a new California law, personal attendants must now receive overtime pay.

October 21, 2014

Former Executive Chef Files Class-Action California Labor Lawsuit

Ventura, CA Given the rigors and requirements of food preparation for a facility as large as a nursing home, it is little wonder that an executive chef puts in long hours to ensure prepared food is safe and palates are satisfied. And yet one California labor lawsuit claims that an executive chef working in the Golden State was improperly misclassified as management and was therefore denied overtime pay, an affront to California labor law.

October 20, 2014

Builder of New NASA Spacecraft Hit with California Labor Lawsuit

Los Angeles, CA It was just about a month ago that Americans were abuzz over the announcement that crystallizes the next phase of the National Aeronautics and Space Administration’s (NASA) foray into space and, specifically, shuttling astronauts and other support staff to and from the International Space Station. Now, one of two companies chosen by NASA to build transport craft has been hit with a California labor lawsuit.

October 13, 2014

California Passes New Labor Law

Sacramento, CA With Governor Jerry Brown signing a new California labor law, the state has now addressed issues about California labor issues in the temp industry. Although temps were already covered by some California labor codes, it was not always clear whether the temp agencies or the companies hiring the agencies were responsible for California labor violations.

October 6, 2014

Domestic Bill of Rights Meant to Curb California Overtime Pay Abuse

San Francisco, CA It would be prudent to presume an increase and influx in overtime pay lawsuits given the passage of the so-called domestic workers’ bill of rights in California and three other states (federal changes in kind are expected in 2015). Not necessarily because of the law, but primarily due to the possibility and expectation that employers of domestic workers will either ignore the guidelines or simply remain unaware of them.

September 27, 2014

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 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: 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
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