Misclassified Independent Contractors
Residential construction involves tight spaces, lots of machinery, and a 12 yard dump truck. All of this can lead to injuries, unpaid wages, and other Labor violations. On top of it, 16% of all construction workers are mis-classified independent contractors. Construction workers comprise the largest industry for independent contractors. I would have thought it would be IT professionals.
Restaurant Worker Wage Lawsuits
This one goes out to all my clients who work in restaurants. These days, a hip establishment like King's Head in Studio City has a dedicated device for Grub Hub orders, Uber Eats, and the list goes on.
Thanks to guys like me (who deal in meal and rest break violations or errant time keeping software aimed at underpaying) this restaurant is serious about telling their employees to clock out.
Unpaid Bonuses
Around this time of year I receive many calls from employees asking about bonuses they were expecting, but did not get. In California, it is illegal to deprive an employee of an earned bonus.
In determining if a bonus has to be paid I need to find out: 1) What contract or agreement entitles the employee to a bonus?; 2) Has all or substantially all of the work been done that entitles the employee to the bonus; 3) Is the bonus discretionary?
For more information about California unpaid wages see: https://employeelawca.com/los-angeles-unpaid-wages-lawyer/
My law firm has litigated many cases involving unpaid bonuses including cash out payments and stock options. If you have questions about unpaid wags in California, Massachusetts, Texas, or Washington D.C. please contact me at +1 (818) 783-7300. I have been representing employees on a contingency since 1993.
Wage and Hour Class Action Versus Individual Employee Wage Case
I was one of the first lawyers to use Labor Code Section 2699. By 2005 I had tried a 2699 case, given two MCLE lectures on it, and published at least one article on California Labor Code Section 2699 which was not yet referred to as PAGA by every Tom, Dick, and Harry. By 2007 many were critical of 2699 and claimed it was too much trouble for a 25% recovery for clients. By 2007 I had arbitrated a 2699 case for 69 aggrieved employees and won, but did think it was a lot of trouble for around $300,000 in 269 penalties. I sent the DLSE a check and they acted like it was the first one they ever got. I had sent a few before.
With Iskanian there will be a rush of 2699 filings. Perhaps this will deter some employers from class action waivers which have become a real problem for wage and hour class actions. Within the last year two excellent potential class actions of mine have devolved into 5-8 employee arbitration actions. I doubt I am alone.
Karl Gerber, Lead Trial Counsel of Employment Lawyers Group
The darndest thing happened when I walked into my Sherman Oaks office today. My staff totally rearranged everything and put this cool retro furniture in my office. The wallboard is a little dark, but I guess it matches the period they were trying to emulate. On the other hand, I am thinking of hawking this stuff to finance a few expert witnesses on a wage and hour class action of mine. After all, I can't have anybody reclining in my office even if it is Passover.
The 134 Freeway looking North, in Burbank less than 7 miles from my Sherman Oaks office. This is the road to my Sherman Oaks office from Burbank, Glendale, Pasadena, and East towards San Bernardino. Hundreds of clients have travelled this path for superior employee representation. Thousands of defense witnesses have used this path come to my cross-examination hell.
Happy Halloween From the Studio City side of the Longridge Estates, just blocks from my Sherman Oaks office. The crowds were milder than in years past and so were the Halloween decorations. Notwithstanding I noted a few potential labor abuses: 1) domestic employees beyond their 45 hour in a week handing out candy without being paid overtime; 2) children under 12 directing other children to get candy from their homes.
Administrative hearings happen in the oddest places. This is a community room at the William Hart Park in Newhall, California. Today I appeared at an administrative hearing in this room. I prevailed in the administrative hearing in a manner that has a monetary value of more than $228,000 over the next 40 years, and another $85,500 if the interested party lives to 100.
The administrative agencies typically used in employment cases include the EDD for unemployment benefits, the DFEH and EEOC for discrimination, and the Labor Commission for various wage issues.