Wage & Hour News

Bay Area Contractor on Hook for Almost $1 Million in California Labor Lawsuit

San Francisco, CA A California labor lawsuit, and the resulting settlement, sends a message to all employers that they can’t attempt to take advantage of marginalized employees, for whom English is not their native language, without getting called to the legal carpet. To that end, a California construction company will have to now build the capability to fund a class-action lawsuit settlement that will cost the firm almost a million bucks.

April 28, 2014

Plot Thickens in Raiderette California Labor Lawsuit

Oakland, CA A California labor lawsuit brought by cheerleaders of the Oakland Raiders may have suffered a minor setback when the US Department of Labor (DOL) closed their investigation on grounds that football is “seasonal” and exempt from federal minimum-wage laws. However, there are no such exemptions observed by the state, and the lawsuit is expected to continue.

March 24, 2014

McDonald’s Faces California Labor Lawsuits

Los Angeles, CA McDonald’s faces several California labor lawsuits alleging the company violated California labor law in its treatment of employees. Four lawsuits were filed in California, alleging violations of California labor code, while two lawsuits were reportedly filed in Michigan and one was filed in New York.

March 17, 2014

Not Withholding Taxes from Employee Violates California Labor Law

San Diego, CA Fabiola was hired as a part-time desk clerk and received her paycheck every two weeks, but her employer wasn’t deducting taxes. It wasn’t until Fabiola was wrongfully terminated that she was told her taxes were not withheld because she was an independent contractor. But Fabiola knows her employer was violating California labor laws and she is now looking into a California labor lawsuit.

March 4, 2014

Facility Workers Owed $1.6 Million: Labor Commissioner

Fresno, CA If you were owed $1.6 million, you might protest too. That’s the issue when a group of Filipino caregivers took to the street to make public their beef with the operators of an assisted living facility headquartered in Fresno. Their complaint and allegation is the non-payment of back wages and overtime that should have been their due under California labor law. Instead, the workers allege that Bedford Care Group (Bedford) of Fresno owes them $1.6 million.

February 24, 2014

California Starts the Year with Two Unpaid Overtime Lawsuits

Sacramento, CA A company co-owned by an NFL Hall of Famer and ESPN commentator has been hit with a federal unpaid overtime lawsuit alleging that Carter Brothers Security LLC erroneously misclassified their employees allegedly to avoid paying them minimum wage, California overtime, job expenses and payroll taxes.

February 19, 2014

Second Cheerleader Joins California Labor Lawsuit

Oakland, CA In the month or so since a California labor lawsuit was filed against the Oakland Raiders, the lawsuit, alleging violations of California labor law, has already gained a second plaintiff, resulted in an investigation by the California Department of Labor and inspired a similar lawsuit in Cincinnati. The Raiders lawsuit, filed by a cheerleader on the Raiderette team, alleges cheerleaders are not paid minimum wage for their time spent working for the team.

February 17, 2014

Cheerleader’s California Labor Code Lawsuit Gets Attention by the Feds

Oakland, CA The California labor lawsuit filed by a member of the Oakland Raiders cheerleading squad has since caught the attention of the US Department of Labor (DOL). The latter has launched an investigation into claims by plaintiff Lacy T. (last name withheld to respect Oakland Raider’s security policy) that low wages together with fines and other expenses can combine to leave a cheerleader with little to show at the end of the regular season.

February 3, 2014

Cheerleader Files California Labor Lawsuit

Oakland, CA The NFL has been in the news lately for lawsuits, but those have to do with concussion injuries. Now, however, the Oakland Raiders face a California labor lawsuit, filed by a cheerleader, who alleges the Raiders violate California labor laws by failing to pay her properly for her time working for the team. According to NBC Sports (1/23/14), this is not the first California labor lawsuit filed against the Raiders in recent years.

Associated Press (1/22/14) reports that the current and former cheerleaders filed their lawsuit alleging the Raiders do not pay them for their work until the end of the football season, do not pay them for all hours worked and do not reimburse the cheerleaders for costs incurred associated with their role as cheerleaders. What they are paid for reportedly works out to less than $5 per hour for their time spent as cheerleaders, including at games, making public appearances and training. The lawsuit claims cheerleaders begin the season in April but are not paid until January and their cheerleading duties can require them to be available for more than 300 appearances in a football season.

Among costs incurred as a cheerleader, according to the lawsuit, are fines for wearing the wrong clothing to rehearsal, fines for not bringing proper equipment to practice and costs of accessories such as hair and eyelashes. According to court documents, Raiderette cheerleaders must sign a contract that is filled with provisions that violate California labor law. The plaintiff, Lacy T., alleges she incurred approximately $650 in unreimbursed expenses while acting as a Raiderette.

Furthermore, the lawsuit alleges, on a game day that may require working up to nine hours, Raiderettes are paid $125 with no meal or rest breaks, and Raiderettes who are benched (meaning they attend the game but do not perform or only perform during pregame or half-time) are not paid at all for the game but are required to stay on the premises. They are also allegedly required to make at least 10 charitable appearances for which they are not paid and required to attend at least two weekly practices for which they are not paid.

Over the course of the season, Raiderettes reportedly receive $1,250, which works out to $5 an hour - less than California minimum wage, and that is only if they do not incur fines. Depending on various fines, it is possible that a Raiderette could work an entire season but not receive any compensation, the lawsuit claims.

The lawsuit, which seeks class-action status, was filed in the Superior Court for the State of California, County of Alameda. The case number is RG14710815.

January 27, 2014

California Labor Lawsuit Nets $4.7 Million Settlement

Mira Loma, CA A California labor lawsuit, alleging violations of federal and California labor law, has been settled for $4.7 million. The California employee lawsuit was filed against a contractor that manages warehouses for Walmart and alleged wage and hour violations.

December 30, 2013
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