Abrishamian Requests Class Certification in Employment Law Suit Against TotalMed

On June 28th, 2019, Natalie Abrishamian filed a first-amended class action complaint against TotalMed Staffing, Inc. alleging numerous California labor law violations. The lawsuit was filed in the Superior Court of Los Angeles. The allegations included in the complaint were: failure to pay for all hours worked, failure to pay minimum wage, failure to authorize or permit meal breaks, failure to furnish accurate wage statements, waiting time penalties, and unfair business practices.

Abrishamian, a nurse employed through TotalMed Staffing, a Wisconsin employment staffing agency authorized to do business in California, was assigned to work Kaiser Permanente Panorama City inside California as a non-exempt, hourly wage traveling nurse. The 13-week assignment began on November 5th, 2018, and ended on February 2nd, 2019. Abrishamian was assigned three 12-hour shifts each week. On approximately December 13th, 2018, the plaintiff's employment was terminated. The plaintiff was out of work two months before the agreed-upon end date of her employment.

Issues About the Case:

1.        Defendant Did Not Take "Per Diem" Payments into Account When Calculating Overtime Rates

2.        Defendant Did Not Provide Payment for Mandatory Training and Orientation Specific to the Job

3.        Defendant Did Not Provide or Authorize Employees to Take Mandatory Meal Breaks and Rest Breaks

4.        Defendant Did Not Provide Employees with Accurate Wage Statements as Required

5.        Defendant Engaged in Unfair Business Practices

The class action will apply to current and former employees of TotalMed Staffing, Inc. who were employed during the class time period (anywhere from 4 years before the original filing through the date of the hearing). Plaintiffs' legal counsel has filed a demand for jury trial. Abrishamian seeks class-action certification from the court on behalf of each of the following classes included in the complaint: Per Diem Class, Unpaid Time Class, Meal Break Class, and the Rest Break Class.

 If you have questions about California labor law violations or if you are not receiving overtime pay, please get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP. Call or come by one of the Blumenthal Nordrehaug Bhowmik De Blouw LLP locations nearest you: San Diego, San Francisco, Sacramento, Santa Clara, Los Angeles, Riverside, Orange or Chicago.

Comcast Contractor Faces Settles Up to Resolve Allegations of Unpaid Overtime and Labor Law Violations

O.C. Communications Inc., a Comcast Contractor that supplies tech talent, agrees to pay a $7.5 million settlement to resolve an unpaid overtime lawsuit. Court documents include allegations that company employees were not paid overtime, were denied meal breaks in violation of state labor law, and not reimbursed for business expenses (i.e., tools necessary for the job).

The federal overtime class-action lawsuit was filed in San Francisco naming O.C. Communications (a California firm) and Comcast as Defendants. The two Defendants agreed to settle the case after an extensive amount of litigation that included the production of 1.5 million documents related to the case. Both Defendants, while agreeing to pay the settlement amount identified above, continue to deny any wrongdoing.

One of the lead plaintiffs in the class action overtime lawsuit, Desidero Soto of Concord, California, claims that O.C. Communications scheduled him to complete 32 job stops during one workday even though the typical complete workday included a total of eight stops. Supervisors instructed him to work through meal breaks to make it work regardless of what he was required to write on official time sheets. He claims any time taken to eat during the workday was while driving from job to job and even then, he was required to be accessible by cell phone at all times and to respond to work calls at any time.

Another plaintiff in the class action lawsuit, Jacky Charles of Margate, Florida, was a tech for the Defendant from September 2016 through May 2017. He claims that he was required to buy his own wireless drill, drill bits, screwdriver, staple gun, and a variety of cables, and work clothes to fulfill his job duties. Hundreds of other techs presented similar claims to the court.

According to court records, the $7.5 million settlement that O.C. Communications and Comcast agreed to pay plaintiffs on March 1st could have the 4,500 techs splitting the amount (minus legal fees).

If you have questions about unpaid overtime or what constitutes a violation of labor law, the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. Get in touch with the employment law office nearest you: San Diego, San Francisco, Sacramento, Santa Clara, Los Angeles, Riverside, Orange or Chicago.

Overtime Claims Filed By Offshore Oil Rig Workers: Governed by FLSA or California State Law?

The Supreme Court recently ruled unanimously that state wage and hour laws do not apply to offshore drilling workers when federal law addresses the issue in question. In the recent case, Parker Drilling Management Services v. Newton, No. 18-389, the question the Supreme Court was asked to answer was whether California law governs minimum wage and payment for “standby time” for workers on oil rigs working in federal waters off the California shoreline.

When they held that California’s wage and hour laws do not apply, the Supreme Court rejected the Ninth Circuit Court of Appeals’ decision. The Supreme Court concluded that under the Outer Continental Shelf Lands Act (OCSLA), California state law is not applicable as surrogate federal law unless federal law presents a significant void or gap concerning the specific issue. The Supreme Court decision is a decided victory for companies currently operating or servicing oil rigs off the California coast in federal waters.

The Allegations Made in the Wage and Hour Case:

Brian Newton, the plaintiff in the case, worked on oil drilling platforms off the coast of California as an employee of Parker Drilling Management Services, Ltd. Newton alleges that he regularly worked 14-day shifts involving 12 hours of “on duty” hours per day and 12 hours of “standby” per day. During the standby hours, Newton claims he could not leave the platform, yet he was not paid for the standby hours.

Newton filed a class action lawsuit in California state court alleging that the company’s standby policies violated California’s wage and hour laws as well as other claims of labor law violations in connection to Parker Drilling’s failure to provide workers with pay for standby hours. After the case was removed to federal district court, parties involved agreed that the oil drilling platforms where Newton performed his job duties were covered under OCSLA.  

If you are dealing with issues of wage theft and you aren’t sure how to seek justice for the wages you have lost, please get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. Get in touch with the employment law office nearest you: San Diego, San Francisco, Sacramento, Santa Clara, Los Angeles, Riverside, Orange or Chicago.

$1.3 Million Settlement to Settle Glasswerks L.A. Unpaid Wages Lawsuit

California employees claimed another victory in a recent unpaid wages lawsuit, Fajardo v. Glasswerks L.A. The commercial glass manufacturer agreed to pay $1.3 million to resolve the class action filed on behalf of workers who claim the company failed to pay overtime and provide meal and rest breaks.

The claims apply to employees working for Glasswerks L.A. between 2012 and 2018 and affects more than 1,000 current and former employees. Each will end up receiving approximately $800, but some will see as much as $2,400 as a result of the settlement. Plaintiffs in the case claim the company shorted them on overtime and failed to provide meal and rest breaks and required by California Labor Law. 

Parties settled the case through private mediation with few details offered to the public. In spite of the lack of information, the settlement supports the continued efforts of the California courts to protect the rights of employees and their legally protected pay.

According to California Labor Law, nonexempt employees are entitled to overtime when they work over eight hours in one day or 40 hours in one week. Nonexempt workers are entitled to a 30-minute uninterrupted, duty-free meal break when they complete more than 5 hours in a shift (on one workday) as well as a 10-minute uninterrupted, duty-free rest break for every 4 hours worked. While the rules seem straightforward, there are often complications. Most confusion regarding these specific labor laws come from the determining who is covered by the protections of the law and which hours count. For instance, independent contractors (rather than employees of the company) do not receive wage and hour law protections. Managerial employees are also exempt.

Another common issue for California wage and hour law involves determining which hours should be counted when determining how many hours an employee has worked in one workday or how many hours they have worked in one workweek. (According to the law, more than 8 hours in one day or more than 40 hours in one workweek require employees to provide overtime compensation). According to recent California court decisions, employers should include small amounts of off-the-clock work time when counting employee hours towards overtime totals. On-call time should also be included even when the employee is not required to be present on the job site. For instance, employees who are required to be on-call at night must be paid for their time even if the employee is asleep during their time on call. Employees asked to take care of simple tasks while on lunch break must have their time count toward wage and overtime calculations and payment.

If you have questions about why you are not receiving overtime pay you are due, or if you have experienced other California Labor Law violations in the workplace, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP. We have the experience you need on your side to protect your wage and hour rights and help you gain the compensation you deserve.

$2 Million Settlement to End Terranea Resort Workers’ Wage Lawsuit

Court documents filed on April 30th, 2019 outlined a settlement of $2.15 million paid by Terranea Resort to resolve claims made in a significant wage and hour class action lawsuit. This settlement follows another class action lawsuit the Lowe Enterprises-owned hotel settled in 2013. The previous lawsuit resulted in a $1.125 million settlement.

The recent lawsuit was filed on behalf of hundreds of employees, both current and former, all eligible to receive compensation.  

Allegations Included in the Complaint: Various Forms of Wage Theft

•    Off-the-Clock-Work

•    Missed Rest Breaks

•    Missed Meal Periods

•    Failure to Reimburse Employees for Basic Tools Needed on the Job

•    Falsified Record Keeping to Avoid Paying Meal Break Penalties

The lawsuit also claimed that the resort failed to provide employees with payment for the time they were required to spend shuttling back and forth between the resort and off-site parking lots per company bus. According to allegations made in the complaint, it added an hour or more to employees’ travel each day. Plaintiffs also claim that workers were required to arrive early for shifts to change into their uniforms before clocking in for their shift (constituting off-the-clock-work).

Expenses that the resort failed to reimburse included the cost of essential kitchen items cooks used in the luxury resort kitchen. For instance, cooks claim they purchased their own knives, graters, etc. because the resort did not provide even the most necessary tools.

If you have questions about wage and hour law or if you are not paid the compensation you are due, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP today.

Prestigious Horse Training Facilities’ Owner Ordered to Pay $1.3M in Back Wages

Thirty migrant workers were awarded close to $1.3 million in back wages after allegations were made against two prestigious horse training facilities in the Bay Area and their owner. Kevin Chambers, owner of the Portola Valley Training Center in Menlo Park and Gilroy Gaits in Hollister under EWC & Associates Inc., faced claims of violating work visa program regulations and California labor law through his failure provide workers with federally mandated minimum wage and overtime wages. In addition, he allegedly housed his workers in substandard living conditions for years.

In this case, the 30 migrant workers who were provided with substandard living conditions were housed in converted horse stables that did not even have running water. The workers were H-2B guest workers that were brought into the country under temporary visas in order to fill non-agricultural jobs. According to court documents, employers are owed back wages for various lengths of time during 2015-2018.

The lawsuit was filed against Chambers in the Northern California District of the U.S. District Court in January and alleged that he did not pay his workers when their wages were due, did not pay them required industry standard wages, and other violation allegations. According to court documents, the case was settled shortly after the suit was filed.

Other issues of interest in the case include Chambers’ failure to keep records of overtime worked, deductions made from workers’ pay, and that he required workers to pay back visa processing fees and the costs of transportation to and from their home countries. On the Portola Valley Training Center in Menlo Park website, the facility is described as a 60-acre facility that is a “home to world class trainers and horses.” The facility includes multiple arenas (both jumping and flat), a 5/8 racetrack, an on-site veterinary clinic and 40 acres of land for off-training day rides.

According to the settlement agreement, Chambers will provide $1.27 million in back wages to the 30 migrant workers, as well as $100,000 in civil penalties. Chambers is also barred from applying for any labor certifications (including the previously accessed H-2B guest worker program) for a period of one year.

If you have questions about how to file a California overtime suit or if you are not being provided with minimum or overtime wages as required by law, please get in touch with one of the experienced employment law attorneys at California’s Blumenthal Nordrehaug Bhowmik De Blouw LLP.

California Judge Rejects $7.5M Comcast Settlement Due to Systemic Wage and Hour Violations

A California judge recently rejected the $7.5M settlement proposed in the Comcast case alleging wage and hour violations under both state and federal law. The rejection was apparently based on the judge’s view that the FLSA violations were systemic and the settlement did not relieve his suspicions that defendant’s practices would continue in the future.

A group of technicians filed the lawsuit against O.C. Communications Inc. (OCC), Comcast Corporation and Comcast Cable Communications Management, LLC. The techs handled installation of cable, television, phone, security and internet services and claimed that the OCC and Comcast employed them as “joint” employers. The plaintiffs in the suit were classified by their employer/s as non-exempt employees. They performed installations on behalf of the Defendant throughout the country, working 5-6 days per week and up to 10 hours per day. According to the plaintiffs, they were paid on a hybrid pay system combining hourly rates with piece rates and based on the different jobs and tasks they performed on the job for customers of Comcast.

Plaintiffs in the case insist they were frequently pressured to under-report the number of hours they worked and to report meal breaks that they never took. Plaintiffs also allege that their time cards were manipulated to reduce their hours, reimbursements requests for necessary expenses were refused, they were actively prevented from taking lawfully required meal and rest breaks, and wage statements issued by the company purposefully concealed the rate of pay for work.

Both parties involved in the case agreed on the $7.5 million settlement and requested approval, but the California judge denied the parties’ request noting the substantial merit of alleged wage and hour violations in the case, and the apparent “systemic” nature of the Defendant’s actions. The judge described the proposed settlement as having been achieved at a discount that was difficult or the court to swallow without assurances that the alleged FLSA violations were unlikely to recur in the future.

If you have questions about wage and hour law or if you have experienced FLSA violations in the workplace, please get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.