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LAW FIRM REVIEWS

 

“Class Counsel displayed skills beyond those that might be expected of attorneys of comparable expertise or experience.”

- Honorable Jeffrey Hamilton, Jr.

 

“The stipulated class has been adequately represented by competent class counsel from the law firm of Blumenthal, Nordrehaug & Bhowmik.”

- Honorable Nancy W. Stock

 

“Class counsel has extensive experience in class action matters.”

- Honorable Irma E. Gonzalez

 

“If You Feel You’re Being Cheated By You’re Current Or Former  Employer This Is Law Firm For You. I Submitted An Email Too There Website  And Within A Few Short Hours I Got A Response… Its Nice To Know In Theses Troubling Times There’s A Law Firm Like Blumenthal Nordrehaug & Bhowmik That Will Stick Up For The Rights Of The Blue Collar Worker. Thanks Again ”

 

- David LaRue

 

“My experience dealing with Blumenthal, Nordrehaug & Bhowmik was fantastic. They understood the nature of my complaint, they had experience in dealing with similar cases and were extremely helpful and quick to respond throughout the process. I would not have wanted to go through this without having someone like AJ Bhowmik on my side.”

 

- Former Client DWalsh

 

“When I first emailed Blumenthal, Nordrehaug and Bhowmik, I did not expect a response that same day… They have been extremely responsive to my complaint and is moving forward in a timely manner.”

 

- Former Client MartinH

 

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Thursday
Oct232014

Class Action Filed by California Caregivers for Failure to Pay Overtime and Minimum Wage

A group of caregivers out of California filed a class action lawsuit against Kindred Healthcare, Inc. for alleged failures to pay minimum wage and appropriate overtime wages. In addition, the suit claims that there were rest and meal break violations.

Kindred Healthcare is one of the largest post-acute healthcare services facilities in the country and employs about 63,000 workers in 47 states. They show annual revenues of more than $5 billion. There are more than 3.5 million Californians that work as caregivers. They form a dynamic workforce-one of the fastest growing sectors in the state of California. The company, Kindred, provides approximately 300 caregiver jobs in Northern Arizona. The business practices of Kindred could be drastically altered if the court finds that the charges made in the suit have merit.

Businesses who adhere to the law must provide workers with a fair wage and compensate them in compliance with California state labor regulations. Any workers who work overtime must be paid in full in a timely manner and receive the designated meal and rest breaks. This is a large lawsuit so will require time to wend its way through their courts. 

Many will watch to see how the court will find in connection to the mega-employer and their adherence to and enforcement of the labor code. Skeptics speculate that the bigger the employer (and the more money they control), the more difficult it is to obtain justice when filing suit against them. It’s a great test case to make the point that even the largest of companies are not above the law.

California workers’ rights are protected by law. If you have questions about how you are being treated at your workplace, call your southern California employment law experts at Blumenthal, Nordrehaug & Bhowmik. 

Tuesday
Oct212014

FedEx Drivers Are Employees, Not Contractors According to the National Labor Relations Board (NLRB)

The recent National Labor Relations Board (NLRB) decision in the FedEx case concluded that drivers are employees, not contractors. Their agreement supports the decisions of many other jurisdictions to date.

The ruling was directly related to the FedEx drivers in the Connecticut terminal of a FedEx ground package Systems Inc. unit. The ruling by the National Labor Relations Board that the drivers are employees and not independent contractors was founded on a wide range of factors that all favored employee status.

A four-member panel ruled over one dissenting vote that FedEx Home Delivery was in violation of the National Labor Relations Act in its refusal to recognize a union and appropriately bargain when they sought to represent the drivers. A closer examination of the relationship between the drivers’ and FedEx made it clear to the board that the drivers fit the criteria of classification as employees.

Traditionally, courts and governing agencies have utilized the now familiar “multi-factor” common law test in order to differentiate between workers who should legally be designated as employees and those who should be designed at independent contractors. Over time a new trend has gradually emerged in which the focus has shifted to include and some might argue, focus on, one single factor: who has control over the individual’s work. It has become apparent that this focus does not always rely on the use of power over the individual’s work, but simply the existence of the possibility to exert power/control over the individual’s work even if it hasn’t been invoked.

If you are unsure of your appropriate classification on the job and fear that you may be being denied benefits through misclassification as an independent contractor, contact the experts in employment law at southern California’s Blumenthal, Nordrehaug & Bhowmik