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 […]
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 […]
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 […]
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 […]
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., […]
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 […]
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 […]
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 __________.
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 […]
Almost 1,000 former employees of 24 Hour Fitness continue to pursue their former employer for unpaid overtime. A 2011 ruling decertified the collective action filed in California, and the case is now headed into arbitration where each of the 983 claims will be adjudicated by an arbitrator.