AT&T Faces Sales Representative Overtime Lawsuit

An AT&T/Charter retail store employee, Andrew Prizler, filed a lawsuit (Prizler v. Charter Commc’n, Inc., S.D. Cal., No. 3:18-cv-01724) alleging that his overtime pay was miscalculated because the sales commissions and bonuses were not accurately included in the calculations. 20 of Charter’s appearances in federal court in the past 5 years (3.3%) were for wage and hour cases. For AT&T, it’s 216 cases (10.9%).

When a company calculates an employee’s overtime pay rate, federal law requires that commissions and bonuses be counted in as part of their regular rate of pay. The regular rate of pay is multiplied by one-and-a-half. When an employer does not include amounts that should be included in the “regular rate of pay,” it can significantly decrease their overtime pay rate.

Prizler, the plaintiff, filed suit on July 27th in the U.S. District Court for the Southern District of California. The proposed class action was filed on behalf of all other retail employees with AT&T/Charter who earn commissions and/or bonuses. (The lawsuit also named two Charter subsidiaries: Spectrum and Time Warner Cable).

When asked about the lawsuit, an AT&T spokesperson responded that the defendant was reviewing the complaint and the allegations claimed by the plaintiffs in the case. They also stated that their policy is to always follow the law – including wage and hour laws. Charter did not respond when asked for comments regarding the suit.

If you have questions about overtime pay calculation or if you feel you aren’t being paid the overtime you deserve, please get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Southern California Car Wash Company Allegedly Cheated 800 Workers Out of Overtime Pa

A southern California car wash mogul, Vahid David Delrahim, will pay back $4.2 million in back wages and penalties after allegedly cheating 800 workers out of overtime pay and destroying evidence. The decision followed a two-year court battle with federal authorities.

The Los Angeles native failed to provide workers at a dozen different California locations with minimum wage or overtime payment. The car washes were located in Orange, Los Angeles, San Bernardino, and Ventura counties. The consent decree was approved by the U.S. District Court Judge Fernando Olguin ordering Delrahim to pay:

·      $1.9 million in back wages

·      $1.9 million in damages to workers

·      $400,000 in civil penalties

The case is being called a landmark case as it sends a powerful message to employers that the Department of Labor will use powerful law enforcement and litigation tools to protect employees and level the playing field for law-abiding employers. According to the judgment, Delrahim ordered his employees (many of whom are Spanish speakers unfamiliar with U.S. and/or California labor law) to work off the clock at the start of each shift. He also ordered them to clock out when business was slow but remain at the car wash for when business picked back up. This resulted in many hours on site without payment.

The back wages ordered by the court cover a period from 2013 to the present. It’s possible that more workers will be added to the case resulting in more money as the identity of all workers at all 12 car washes is not currently known. Delrahim was told to provide more names, addresses and workplace records within 30 days. The info was originally requested by the prosecutors in the case in 2016. The judgment will result in the employees receiving over $10,000 in back wages.

If you have questions about off the clock work or overtime payment, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Changes to a $2M Settlement Between Costco and Class of Drivers

A California federal judge, U.S. District Judge Cathy Ann Bencivengo, granted preliminary approval after changes to the $2 million settlement between Costco and the proposed class of truck drivers while holding on to lingering concerns about the class counsel’s representation. The class of truck drivers originally alleged they were denied proper meal breaks and overtime pay.

The updated settlement agreement made adjustments to accommodate most of the issues that led to it being denied preliminary approval to the deal twice, but the judge still questioned whether or not the proposed class counsel was acting in the best interest of the drivers and whether or not the $2 million settlement amount/deal was a fair one.

One reason the judge first denied approval to the deal was that members of the class were required to release their FLSA claims. Proposed class counsel William Turley responded that is was okay that the drivers’ FLSA claims were dropped because they were basically worthless. In the updated settlement deal the drivers are split into a Rule 23 class and an FLSA collective that any drivers who wish to can opt in to. The Rule 23 settlement is estimated at $1,320,750. The FLSA settlement is estimated at $146,750. The settlement amounts clearly show that Turley’s argument that the FLSA claims were basically worthless was wrong. This situation led the judge to question Mr. Turley’s motivation for the false statement and the potential that he may have sought to keep the funds himself through an excessive attorney fee request. The judge also questioned Turley’s credibility in identifying the settlement amount as “fair.”

After the judge granted preliminary approval, she made it clear that doing so would not keep her from revisiting the questions she still had about the case during the hearing seeking final approval.

Unpaid overtime is one of the most common concerns in the American workforce. If you have concerns about unpaid overtime or if you are misclassified as exempt, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

$5M Deal to End California Truck Drivers’ Overtime Suit Against PepsiCo

The proposed class of PepsiCo Inc. truck drivers requested preliminary approval from a California federal court for a $5 million settlement that, if approved, would resolve allegations leveled at PepsiCo by the drivers. Allegations against the soda giant include: failure to pay overtime, failure to provide meal and rest breaks, and failure to reimburse business expenses. All the allegations are in violation of both state and federal labor law.

Lead plaintiff, Nathaniel Helton, argued in the motion for preliminary settlement approval that the settlement is both fair and reasonable. If approved, the settlement would mean $1,988 to each of the approximately 1,800 class members who drove for one of the PepsiCo subsidiaries included in the suit.

If the settlement is approved by the court, it would mean an end to the proposed class action that was filed by Helton in state court against PepsiCo. And subsidiaries in early 2017. According to the lawsuit the drivers were required to monitor their vehicles, have their phones with them during meal break and other breaks, and in doing so, the company denied them legally mandated breaks. This also means that the company failed to pay overtime as required by labor law.

The plaintiffs in the case also claim that the company failed to cover business expenses for the truck drivers. For instance, paying for electricity required to charge phones drivers were required to keep on them, and final wages for drivers who were terminated or quit their position.

The Defendant, PepsiCo, denied the allegations. They also removed the lawsuit to federal court in spring of 2017. When the suit was moved to federal court, Helton, the plaintiff, amended the complaint to include additional claims under the FLSA and Private Attorneys General Act. Following two failed attempts at mediation, the parties involved reached a settlement in May. The deal would mean class counsel would receive $1.25 million (25% of the settlement), and no more than $65,000 in expenses. Helton would receive $7,500 as an incentive payment. The settlement also includes a $100,000 payment to resolve the PAGA claim (75% would go to the California Labor and Workforce Development Agency and 25% would go to the class’ fund).

If you have questions about overtime violations or other violations of California labor law, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

$3.9M Settlement Agreed on in Golden Corral Overtime Lawsuit

In recent news, the Golden Corral Corporation has recently agreed to settle a wage and hour lawsuit. The wage and hour lawsuit was filed by Golden Corral workers who alleged that they were denied overtime pay during mandatory training for the company. The company agreed to settle for $3.9 million. This agreement came after the workers alleged the company was in violation of both state and federal labor law when they denied their workers overtime payment when they completed overtime for training.

Originally, the suit alleged that the Defendant, Golden Corral Corp., failed to provide compensation to their assistant managers for company training. Instead, they were given lump sums. The proposed settlement awaits approval from an Ohio federal judge. The proposed settlement would resolve the alleged FLSA violations against Golden Corral. The claimant is also requesting class certification so workers eligible to join the class can choose whether or not to join. This would allow them to choose whether or not to release their claims.

Robert S., the lead plaintiff, filed the proposed class action wage and hour lawsuit in January 2017. He alleged that Golden Corral wrongfully denied him and other workers in his situation overtime for training. The lump sum they were paid instead was distributed for each training week, even though the training hours amounted to more than 40 hours per week the majority of the time.

Businesses are required to pay their non-exempt employees 1.5 times their hourly rate when they work over 40 hours in one week or over 8 hours in one day. This is regulated by federal labor law. In addition to the regulations set down by federal labor law, each state also has labor policies in place to protect employees from this type of workplace abuse. In the Golden Corral case, plaintiffs claim the company wrongfully denied their employees proper compensation for all hours worked, which is in violation of the FLSA as well as state labor law.  In the aftermath of the legal trouble, Golden Corral adjusted their practices, now paying their managers in training an average of between $628.71 to $5,882 per week – amounts which are determined

Golden Corral reportedly has already changed its ways in wake of the claim, paying their managers in training an average of between $628.71 to $5,882 per week.

If you have questions about mismanagement of your plan’s funds or if you suspect your employer of ERISA violations, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

Call Center Class Action Overtime Lawsuit Against Wentworth

A class action call center overtime lawsuit alleges that Wentworth Home Lending LLC failed to provide loan officers (and other workers in similar positions at the company) payment for all hour worked. The charge is being led by Plaintiff Patrick H., a man from Pennsylvania who filed the claim on behalf of himself and others in similar situations at the company.

Patrick H. alleges that he and others at the company were consistently denied proper payment for hours they worked at Wentworth Home Lending LLC. Patrick H. worked as a loan officer assigned the Wayne Call Center location. He worked both on site at the call center and out of his home telecommuting. This was a typical setup for loan officers with Wentworth Home Lending LLC. Patrick worked in this capacity from December 2015 through March 2017. He also worked with at least 40 other loan officers over the last 3 years.

As of 2015, Wentworth Home Lending classified Patrick and others in similar positions as non-exempt for overtime. They were eligible for benefits when they worked enough hours to qualify (in accordance with the Fair Labor Standards Act or FLSA). The overtime rule determined by the FLSA is that non-exempt employees are eligible for overtime pay and overtime rates of pay when they work more than 40 hours in one week. When this qualification is met, employers are required to pay their employees an overtime rate of 1.5x their hourly rate. They are also required to keep accurate wage statements that reflect hours worked. Allegedly, the company did not do this. They did not pay overtime as required to Patrick and others in similar work situations.

According to the call center overtime lawsuit, the plaintiff and other loan officers were hourly plus commissions for home loan product sales. Yet if a loan officer’s commission exceeded their hourly rate of pay for a period, they were compensated only the commission without their hourly rate of pay as a basis. This system of payment resulted in many loan officers being shorted their full compensation. The plaintiff alleged that he worked 65-70 hours in one week and did not receive compensation for the hours.

Unpaid overtime is one of the most common concerns in the American workforce. If you have concerns about unpaid overtime or if you are misclassified as exempt, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

$3 Million Unpaid Overtime Class Action Settlement from JP Morgan

In a recent unpaid overtime class action settlement, JP Morgan Chase & Co. will pay $3 million to class members. The settlement will end claims made in a class action lawsuit alleging that the company failed to provide mortgage bankers with overtime compensation.

The unpaid overtime settlement was approved by Illinois federal judge Susan Cox. Under the settlement agreement, the class of close to 2,000 bankers will receive compensation for unpaid overtime in case. The settlement covers $1 million in attorneys fees and an enhancement award for the lead plaintiff totaling $1,000. It will also cover appropriate administrative and court costs.

Mortgage bankers in the class claim the company did not compensate them for overtime between April 5th, 2014 and November 30th, 2017. The representatives claim that the company’s overtime payment practice was in violation of both state and federal labor laws.

35% of the qualifying class members in the case submitted claims for settlement compensation. According to the settlement terms, JP Morgan Chase keeps any settlement funds left unclaimed. The judge approved of the deal, noting that it seemed like a good deal from the perspective of the court, and that given the allegations that were made in the case and the defense presented, it was a good resolution. She also found it significant that no qualifying banker objected to the settlement.

According to allegations, JP Morgan Chase used a system of base pay plus commissions for their mortgage bankers. Internally the pay structure was referred to as “incentive pay.” Yet bankers allege the system did not account for the fact that many of them worked over 40 hours per week. They claim they were not compensated for time spent working outside of the normal, full time, 40-hour work week.

Bankers were allegedly required to keep track of their hours by recording them in the company’s computer system. They were also required to record an unpaid lunch break (that many claim they spent working). Allegations were made that the system as it was set up did not allow mortgage bankers to record time spent working during the evening. Additional allegations were made that the company failed to pay earned commissions within a 13-day window as required by Illinois state law.

If you have questions about overtime, overtime compensation or how overtime payment should be calculated, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.