Labor and Employment

24 Hour Fitness Goes to Mat Against Employees

Mar 13, 2018

An in-depth article ran on March 12, 2018 in Capital & Main describing the on-going battle between 24 Hour Fitness and its employees. At the center of these disputes is the company’s employee arbitration agreements that the National Labor Relations Board contends violate federal labor law. The first cases were […]

New Piece-Rate Law Toughens Rest & Recovery Compensation Rules in California

Apr 7, 2016

Employees are entitled to rest and recovery breaks according to California Labor Law. A new law effective January 1, 2016 has clarified the rules for calculating compensation and how workers are to be paid for rest, recovery and other non-productive time. Employers are required to be retroactively compliant to July […]

Don-Doff Row: Preparation Time is Compensable Time

Mar 22, 2016

The US Supreme Court ruled today that time spent donning and doffing protective gear is time that must be paid. This includes gear such as hard hats, work boots, hairnets, gloves and earplugs. The case before the court involved Tyson Foods Inc. and workers at a pork processing facility in […]

Collecting Wages After Wage Theft

Mar 17, 2016

More than a quarter of a billion dollars of wages went unpaid in California since 2010 according to a recent review of California Labor Commissioner’s Office records. Unfortunately, the real number is probably higher. Perhaps worst of all, only 17% of judgments were actually paid, according to the UCLA Labor […]

AutoZone worker awarded $185 million in employment discrimination case

Jan 12, 2015

An AutoZone worker was recently awarded $185 million by a San Diego jury. The jury found that the worker was demoted after becoming pregnant, and then fired after filing a lawsuit challenging the demotion. The award included $872,000 in compensatory damages and $185 million in punitive damages. AutoZone is expected […]

Wal-Mart Ordered To Pay $188 Million In Employee Class Action Suit

Jan 11, 2015

The Pennsylvania Supreme Court recently upheld a 2007 lower court decision against Wal-Mart in a class action case involving non-payment for missed meal and rest breaks. Workers also claimed that the company failed to pay them for all hours worked. The ruling affects about 187,000 employees working in Pennsylvania between […]

US Supreme Court to Decide Off-the-Clock Case

Nov 5, 2014

Generally speaking, employers are responsible to pay hourly employees for all of the time that the employees are under the employer’s direction and control.   When employees are not paid for such time that they are under the employer’s control, they are said to be ‘working off the clock’ and there […]

California Issues Fine Over Wage Issue

May 7, 2014

 The San Diego Union-Tribune today reported that the state of California has issued a fine of $200,000 over a wage issue involving two public schools and dozens of workers. The state claims that the subcontractor, La Jolla Electric, failed to pay prevailing wages. The company has appealed. Contractors and subcontractors […]

Careful what you wish for…the risk of decertification

Mar 21, 2014

Employment cases routinely proceed as class actions. Plaintiffs and their attorneys seek to represent large numbers of employees to correct common legal wrongs and to obtain common fund damages. Employers and their counsel reflexively contest class certification or seek to decertify class action cases after certification is granted. But decertification […]

Prevailing wages will lift San Diego economy

Jul 28, 2013

This is a historic moment for public works in the city of San Diego. After decades of neglect, the city is intending to rebuild our streets, sidewalks, storm-drains, libraries and parks, and replace an aging water-wastewater system. In the coming fiscal year, the city is proposing over $330 million in […]

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