Burma Superstar Restaurant Workers Awarded $1.3M in Class Action Suit

Burma Superstar restaurant workers alleging failure to pay overtime and failure to provide required sick leave were awarded a $1.3 million class-action settlement.

Local California Restaurant Accused of Unfair and Unpaid Wages:

Owners of local restaurant chain Burma Superstar (with locations in Oakland, Alameda, and San Francisco) face allegations including failure to pay minimum wage, failure to pay mandatory overtime, failure to provide sick leave, and failure to provide mandatory rest periods and meal breaks.

Current and Former California Restaurant Workers File Class Action Lawsuit:

The California class action was filed in Alameda County Superior Court. Class members include 350 current and former Burma Superstar kitchen workers. In June 2020, the California judge hearing the case issued a $1.3 million settlement in favor of the plaintiffs. The workers are proud that they stood up for themselves and hope they made some real change. One of the plaintiffs who went on record was William Navarette, a Burma Superstar dishwasher, food preparer, and cook. Navarette was employed by the local California restaurant from 2011 through 2016 and worked at all three locations in San Francisco, Oakland, and Alameda.

Workers Allege California Labor Law Violations:  

According to the lawsuit, workers were required to work full-time hours (8 hours per day and 40 hours per week), but were not classified as full-time employees by Burma Superstar restaurant. Workers also allege that the restaurant did not provide the required 30-minute meal breaks or mandatory 10 minute rest periods as outlined by labor laws. According to the court documents, workers allege they were provided a fixed salary that totaled less than 2x California’s minimum wage.

The Defendant’s Response to the Allegations:  

Burma Superstar owner, Desmond Tan, said the restaurant has always been and continues to be dedicated to the well-being of their workers. They strongly disagree with the allegations in the lawsuit and claim they settled the suit to move forward. They’re glad it’s over and can now look forward to doing what they love, providing Bay area residents with the best Burmese cuisine.

The Pandemic Caused Massive Decrease in Traffic:

Before the novel coronavirus was declared a pandemic, the Burma Superstar restaurants typically had lines out the door. Californians happily waited for a table at one of their popular locations. During these challenging times, restaurants like Burma Superstar depend heavily on community support and dedicated employees – restaurant workers are a huge part of any restaurant’s success. In addition to the $1.3 million settlement, Burma Superstar restaurants also agreed to restore tips to their kitchen staff, return back holiday and time-off benefits, and provide Burmese, Spanish, and Chinese translations of their employee handbooks. 

If you have questions about how to identify California labor law violations or if you need to file a class-action lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

$5.7M Settlement Follows Cognizant Overtime Lawsuit

Cognizant Technology Solutions Corp., IT services giant, recently agreed to settle an overtime lawsuit for $5.7 million. The lawsuit included allegations that the firm failed to pay a group of US employees for overtime hours worked. 

What is Overtime Under California Law?

According to California state law, employers are required to pay all nonexempt employees daily overtime one and one-half times the employee’s regular rate of pay for all hours they work over 8 hours (up to and including 12 hours in any workday), and for the first 8 hours worked on the seventh consecutive day of work in a workweek.

The Plaintiff in the California Overtime Case:

While the Cognizant overtime lawsuit is a class action covering several different, but similar workers, the named worker in the lawsuit is Debi Mishar. Mishar was a testing analyst for a Sacramento Blue Shield of California location for Cognizant. The other workers included in the class action were also workers in the company’s quality assurance testing business.

The Plaintiff’s Allegations: California Overtime Class Action Lawsuit

According to the documents included in the California overtime class action, Mishar was paid an annual salary until August 2012, when Cognizant switched his payment to an hourly wage. Mishar alleges that the defendant underpaid overtime by failing to include certain amounts of pay when they calculated the employee’s “regular rate of pay” used to calculate overtime pay.

The Cognizant California Overtime Class Action Lawsuit: 

The overtime class action lawsuit was filed in US Federal Court on August 25, 2017. The court granted preliminary approval of the $5.7 million settlement earlier this month. A hearing is set to seek final approval on November 12, 2020.

If you need to talk to someone about violations in the workplace or need to file an overtime lawsuit, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Will California Successfully Force Uber and Lyft to Reclassify Drivers as Employers?

In recent news, California seeks to force Uber and Lyft to reclassify its drivers as employees – with a deadline only weeks out! Attorney General Xavier Becerra plans to file court documents that could make it happen. His office plans to seek a preliminary injunction against both massive rideshare companies. If the court agrees, both would be required to grant their drivers’ employment status while the lawsuit is still pending.

Should Rideshare Companies Own Up to Their Responsibilities?

Becerra feels it is time for the two rideshare companies to own up to their responsibilities and take care of the people who make them such a success – their drivers. By misclassifying drivers or other workers as consultants or independent contractors, employers like Uber and Lyft effectively pass responsibility for certain business costs on to their workers. In this scenario, workers or taxpayers end up footing the bill for employer obligations like paying a legal wage, paying overtime, offering sick leave, unemployment insurance, etc.

Do Rideshare Companies Intentionally Misclassify Drivers as Independent Contractors?

Last month, the group sued Uber and Lyft under the state’s gig work law, AB-5 accusing them of miscategorizing drivers as independent contractors. Earlier this month, the state regulator ruled that Uber and Lyft drivers are employees under California law. Regardless, both rideshare conglomerates continuously defended their position that a mandatory reclassification of drivers would negatively impact their business models, cause a price increase, and leave drivers out of work.

Rideshare Companies Insist Drivers Want to be Independent Contractors

According to Uber and Lyft, most rideshare drivers want to be independent contractors. The companies have already made significant changes to their rideshare apps to retain their current business model under California law. Matthew Wing, an Uber spokesperson, even went so far as to call out California’s elected officials for focusing on “shutting down an entire industry” instead of trying to create work for the more than 3 million Californians currently without a job.                                            

If you need to talk to someone about misclassification or if you need to file a misclassification lawsuit, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Seasonal Cannery Workers Forced to Quarantine in LA Hotel Without Pay

Close to 150 seasonal cannery workers were forced into quarantine at a Los Angeles hotel. About 150 workers were hired from Mexico and Southern California on June 2nd to work in North Pacific Seafoods’ Red Salmon Cannery in Naknek, Alaska. The group was scheduled to work through August 2020.

Seasonal Workers Forced to Quarantine Due to Coronavirus

According to the lawsuit filed in San Francisco Superior Court, the salmon cannery seasonal workers were forced to quarantine without pay at a Los Angeles hotel after three of the 150 tested positive for coronavirus. Instead of earning the expected three months’ of vital wages, the seasonal workers have been stuck at the Crowne Plaza hotel since June 10th. Since North Pacific Seafoods had not seen the lawsuit, they did not comment on the suit. Still, they did say that Alaskan authorities issued orders requiring a 14-day control quarantine followed by coronavirus testing before anyone could work at a seafood processing plant in the state.

Workers Under Forced Quarantine at Crowne Plaza LAX

Crowne Plaza LAX, where the group is under forced quarantine, stated that they do not comment on pending litigation, but that they prioritize the health and safety of all guests and hotel workers. The hotel’s spokesperson wanted to clarify that the hotel did not prevent any guest from leaving the property and that all guests were provided safe, comfortable lodgings, including three full meals each day. 

Seasonal Workers Were In Transit to Work at Alaska Cannery

Pacific Seafoods is based in Seattle, Washington. Each summer, the company hires hundreds of seasonal workers from all over the world to fill temporary jobs at the Naknek cannery in Alaska. Seasonal workers are typically promised round-trip transportation to and from the point of hire, plus room and board. This year, seasonal workers were sent to the LAX hotel for coronavirus testing before leaving for the cannery. When they arrived at the hotel, they had to wait in a crowded hallway and fill out paperwork (sharing pens). The group remained in close proximity for close to six hours, according to the lawsuit.

All 150 Workers Required to Quarantine After a Few Positive Test Results:

Four days later, coronavirus test results came back, and three of the workers had positive results. As a result, quarantine was extended for all 150 workers until June 25th. At that time, workers were advised that they would not be paid during the quarantine. The plaintiffs allege that the hotel deactivated their keycards, and they could no longer come and go. The seasonal workers also claim they were warned that leaving their rooms would mean immediate termination. 

Plaintiffs claim that since the forced quarantine began, they have been provided with no more than two meals per day, are prohibited from leaving the premises for additional food or supplies, and are barred from accessing hotel room service or other hotel services. Plaintiffs allege false imprisonment, nonpayment of wages, failure to pay minimum wage, failure to pay overtime, negligence, and unlawful business practices. Legal counsel for the plaintiffs plans to seek a temporary restraining order within the week to get the workers immediate payment.

If you have questions about California labor law violations or how employment law applies to your workplace, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Corona-virus Employment Lawsuits Flood Courts

As of the second week of May 2020, 917 federal and state lawsuits had been filed based on claims related to the Covid-19 pandemic. The flood of coronavirus related cases is unprecedented.

Which Workers Are Filing Covid-19 Related Lawsuits?

Nurses and Retail Workers: Employers are being sued for allegedly putting their employees in unsafe work environments during the pandemic.

College Students & Consumers: Students are insisting they receive tuition refunds, and consumers who pre-purchased concert tickets, memberships, and travel are demanding refunds.

Businesses: Some businesses claim insurance companies are attempting to sidestep coverage obligations.

Children of Undocumented Immigrants: Some people are insisting that they are being deprived of stimulus checks issued by the American government.

And that’s just a quick summary of all the Covid-19 related suits the courts are facing.

Major Catastrophes and Downturns Tend to Unleash a Torrent of Lawsuits:

History shows that major catastrophes or downturns tend to unleash a torrent of lawsuits. The Covid-19 pandemic is no exception. While the number of Covid-19 related lawsuits already filed seems high, experienced attorneys suggest that litigation related to the pandemic may easily continue to be filed for the next few years, and litigation will most likely continue for a decade. Although, predictions are just that…predictions. And these predictions are less stable than most since we are dealing with something completely unprecedented in scale, complication, and science.

Some of the Early Covid-19 Employment Law Cases:

Some of the earliest claims in connection to the Covid-19 pandemic were filed by nurses, which makes sense because nurses are on the frontline as the pandemic progresses. Many complaints filed by nurses are based on allegations that nursing staff was required to work without receiving the necessary protective gear to keep them safe. Some nurses are filing employment law claims after exposure to the coronavirus left them testing positive for Covid-19. Some are filing suit because after they tested positive for Covid-19, their supervisors did not make accommodations for their illness, provide them with the necessary equipment or re-assign them to appropriate alternate job duties or sites. Nurses in these situations may feel pressure to resign their position.

Employment Law Claims Related to the Covid-19 Pandemic:

• Workplace Safety Claims

• Discrimination Claims

• Wrongful Termination Claims

• Overtime Claims (Employees working from home may sue overworking too many hours)

• Families First Coronavirus Response Act (Employees may sue when employers do not provide the required paid leave for childcare)

• Unreimbursed Business Expenses for Telecommuters

If you need to talk about employment law violations during the pandemic or if you need to file a California employment law claim, we can help. Get in contact with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Will the Motherhood Penalty Fuel Workplace Lawsuits Following the Covid-19 Pandemic?

Stephanie Jones is a single mother who struggled to balance her day job for Eastern Airlines with additional responsibilities that resulted from school closures that left her 11-year-old home-schooling since March 2020 as part of the area's local response to the virus.

Repeated Requests for Time Off Denied:

Jones was the airline's director of revenue management, and she made repeated requests for two hours off per day. Her requests were denied because the time off wasn't in the "interest of the company or yourself." Soon after her requests for 2 hours off per day were dismissed, she was fired. The company claims her termination was in response to "conflict" with co-workers at the airline.

First Lawsuit Filed Under Families First Coronavirus Response Act:

Jones filed one of the first lawsuits under the Families First Coronavirus Response Act. The Act requires parents to receive paid sick leave when the coronavirus closures result in school closures or daycare center closures. Many see Jones' lawsuit as an indication of what is to come. More parents and caregivers left in impossible situations due to school and daycare closures are bound to file lawsuits – with the majority being women or mothers.

Increased Family Responsibilities Discrimination Suits Citing the Motherhood Penalty

There is a significant risk right now for an increase in family responsibilities discrimination claims. Employers will make assumptions about who is valuable and who is performing up to snuff. Mothers and other essential caregivers will take note of discriminatory actions – purposeful or unintended – and the lawsuits will start.

What is the Motherhood Penalty?

The "motherhood penalty" is a phrase sometimes used to describe repetitive gender disparities encountered by working mothers. These gender disparities are documented by an increase in discrimination lawsuits connected to providing care for children and other dependents in the last few decades as more women continue to enter the workforce. The current pandemic exacerbates the issue, and many expect to see more claims of gender discrimination during hiring, firing, pay determinations, and promotions. Experts also expect to see an increase in pregnancy discrimination cases and family leave law violations claims as mothers are required to choose between their safety and getting a paycheck. These issues are felt more intensely by low-wage workers, single mothers, and women of color who often have less access to paid leave and other benefits that serve as job safety nets.

If you need to discuss employment law violations in the workplace or gender discrimination, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Does California Labor Law Apply to App Drivers or Not?

Last year, California approved the strictest labor law in the country regarding when workers can be classified as independent contractors. Lawmakers intended to push businesses to add more freelancers and independent contractors to their payroll so they would have access to employee protections, benefits, minimum wage, etc. While the new law was praised by labor groups, it set off a string of lawsuits filed by drivers, independent contractors and freelance writers who claimed the new law left them out of work. 

Gig Economy Titans Mount Massive Resistance to New Law: 

In response to the new law, titans in the gig industry like Uber and Lyft have mounted massive resistance. Uber, Lyft, and DoorDash are backing a ballot initiative set to go before voters in November. It’s a multimillion-dollar shot attempting to exclude the companies from the new law, so they won’t be required to give more benefits and wage protections to drivers/contractors. The three gig economy giants all committed to spend at least $30 million to promote the measure – hoping they can get California voters to exempt app-based drivers from the restrictions of the new law. It’s one of California’s most expensive ballot fights. The measure became eligible for the ballot after 623,000 signatures were collected. It’s possible that a success in California could serve as a national precedent. 

Gig Economy Giants Proposing a New Law: 

The massive gig economy giants want the keep the power to hire workers as independent contractors, and they’re proposing a new law that would give drivers who work more than 25 hours a week health coverage and benefits if they are injured while they’re on the job. Based on the new law included in the ballot measure, drivers would be able to work across any app and earn a base of 120% of the minimum wage (and more based on how many miles they drive).  

California Sued Uber and Lyft for Allegedly Misclassifying Drivers

At the beginning of May 2020, the state of California sued Uber and Lyft for allegedly misclassifying drivers as contractors. The Protect App-Based Drivers & Services coalition leading the ballot initiative claims to represent 60,000 drivers and claims that the lawsuit would lead to unnecessary job losses during the Covid-19 pandemic-induced recession. 

If you need to discuss misclassification or if you need to file a misclassification lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.