Wage and Hour

Employee Misclassification – When is it Wage Theft?

May 20, 2016

Employee misclassification continues to cost workers their lawful wages. They may not receive their on-the-job benefits and are shorted earned wages. When employers intentionally misclassify workers it is considered wage theft. Employee Misclassification: Independent Contractor One way workers are misclassified is when they are improperly designated an Independent Contractor. They […]

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 […]

California Supreme Court Reaffirms That Employees Must Be Paid For “All Hours Worked” Including Hours On-call

Jan 29, 2015

On January 8, 2015 the California Supreme Court clarified the standard for “all hours worked” in California.  In an opinion in support of California employees, the Court held that employees must be compensated for “all hours worked” at statutory minimum wage or overtime rates.  In Mendiola v. CPS Security, Inc., […]

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 […]

Prevailing Wage Coverage Extends to Traffic Light Camera Installation Projects

Jul 31, 2014

Work covered by California’s Prevailing Wage Law includes installation of traffic light cameras.   A recent article about red light light cameras highlights a prevailing wage issue that may not be commonly understood. Projects paid in full or in part with public funds require payment of prevailing wage rates, which are […]

Federal Court in Washington Rules 24 Hour Fitness Petitions Insufficient

Feb 20, 2012

A federal district court in the state of Washington has ruled that 24 Hour Fitness’ petitions to compel arbitration failed to properly plead jurisdiction and therefore are insufficient and must be amended. The court, on its own motion, reviewed the petitions filed in the Western District of Washington and found that 24 Hour had not properly pleaded jurisdiction. After the court heard from 24 Hour Fitness in response to an Order to Show Cause, the court found the response was inadequate and ordered the petitions to be amended. The case is 24 Hour Fitness USA, Inc. v. Gorden, C11-2039RSM (W.D. Wash. 2012). A copy of the ruling is available here __________.

United States Court of Appeals Invalidates 24 Hour Fitness Arbitration Agreement

Jan 25, 2012

On January 25, 2012 the 5th Circuit Court of Appeals published its opinion in Carey v. 24 Hour Fitness (5th Cir. No. 10-20845).  The court held that 24 Hour Fitness’s 2005 Arbitration Agreement is illusory and unenforceable.  Carey, a former 24 Hour Fitness employee, argued that the arbitration agreement was […]

Law360: 24 Hour Fitness Workers Want Arbitrations Kept in California

Jan 25, 2012

A recent article in Law360 provides an current overview of the 24 Hour Fitness overtime case.  Almost 1,000 current and former employees of the company have brought overtime claims against 24 Hour Fitness.  In the latest turn of events, the case is proceeding to arbitration and the parties are litigating […]

Scroll to Top