Did Disney Underpay Maintenance Workers at California’s Disneyland Hotel?

In recent news, Disney faces a lawsuit alleging that they underpaid maintenance workers at their Disneyland Hotel just outside the California theme park.

The Case: Torres v. Walt Disney Parks and Resorts US Inc

The Court: California Superior Court, Orange County

The Case No.: case number not available

The Plaintiffs: Torres v. Walt Disney Parks and Resorts US Inc

The plaintiff in the case, Charlie Torres, claims that Disney failed to provide the maintenance workers for the Disneyland Hotel with accurate overtime pay rates and required that workers pay for their own hand tools and equipment while on the job. Maintenance workers also allege they weren’t provided with the one-hour break period required for shifts lasting over four hours and were deprived of the “meal break premiums” they were entitled to due to the missed breaks. Additionally, the plaintiffs claim Disney failed to provide the required accurate, itemized wage statements. Charlie Torres worked at Disneyland Hotel as an assistant maintenance engineer. He was hired in February 2022. Torres still works at the hotel.

The Defendant: Torres v. Walt Disney Parks and Resorts US Inc

The defendant in the case, Disney, owns the Disneyland Hotel, the 970-room, four-star hotel where Torres works as an assistant maintenance engineer. The defendant faces multiple allegations of employment law violations.

The Case: Charlie Torres v. Disney Parks and Resorts US, Inc.

Under the California Wage Orders, employees who are required to bring their own tools for work must be paid double the minimum wage. The lawsuit alleges that Disney failed to pay maintenance workers at the Disneyland Hotel the overtime wages they were due. Torres, the plaintiff, is seeking at least $1 million in back pay and loss of benefits for the four years prior to the filing date. He also demands a jury trial to settle the claims. The complaint was filed on March 5, 2024. Torres aims to represent a group of more than 115 current and former workers at the Disneyland Hotel if the suit is granted class-action status.

If you have questions about filing a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Family Files Wrongful Death Lawsuit After Orange County Apartment Explosion

In recent news, Mikeanesha Moore was injured during an Orange County apartment explosion on March 1, 2024, and later died on March 9, 2024. Her family filed a wrongful death lawsuit.

The Case: Fondia v. Woodhill, Highmark Residential, and Lake Apopka Natural Gas

The Court: 9th Judicial Circuit Court Orange County, Florida

The Case No.: 48-2024-CA-002046

The Plaintiff: Fondia v. Woodhill, Highmark Residential, and Lake Apopka Natural Gas

The plaintiff in the case, the family of Mikeanesha Moore, filed a wrongful death lawsuit. According to the lawsuit, Moor died about a week after her Orange County apartment exploded. The family is suing the apartment property’s owner and manager, as well as the property’s gas service provider, for alleged wrongful death. According to Moore’s family, the explosion left her critically injured and led to her death on March 9. The explosion at Moore’s recently leased apartment at the Woodhill Apartments allegedly left her with third- and fourth-degree burns on more than 40% of her body.

The Defendant: Fondia v. Woodhill, Highmark Residential, and Lake Apopka Natural Gas

The defendants in the case are SPT Wah Woodhill LLC, Highmark Residential LLC, and the Lake Apopka Natural Gas District, identified in the lawsuit as the Woodhill Apartment complex’s owner, managing organization, and gas services provider. According to the lawsuit, there were years of complaints about the smell of leaking gas in the building. Orange County fire crews also allegedly identified an unplugged natural gas line in Moore’s laundry room as the source of leaked natural gas and the cause of the explosion. However, investigators are yet to confirm if the unplugged line was the cause of the March 1, 2024 explosion. Also mentioned in the lawsuit are alleged years of complaints regarding the smell of leaking gas in the 600 apartment complex building, where Moore had signed a lease about two weeks prior.

The Case: Fondia v. Woodhill, Highmark Residential, and Lake Apopka Natural Gas

The wrongful death lawsuit (filed on April 2, amending a March 8 complaint) seeks damages in the loss of earnings from the day Moore was injured to the date of her death, as well as the loss of income to her family due to her death. The family also seeks payment of all medical and funeral expenses. The plaintiffs seek a jury trial.

If you have questions about filing a California wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Did Lax Security Protocols Result in the Death of Concert Attendees?

In recent news, two nurses attending an EDM festival were allegedly killed by another concert attendee, even though security measures in place should have prohibited him from having a weapon on site.

The Case: Estate of Brady Escamilla Obo et al. VS Live Nation Entertainment Inc. et al.

The Court: Superior Court of Washington, County of King

The Case No.: 24-2-07949-1 KNT

The Plaintiff: Estate of Brady Escamilla Obo et al. VS Live Nation

The plaintiffs in the case, the Estate of Brady Escamilla Obo et al., are the parents and siblings of Brandy Escamilla and Josilyn Ruiz. The two Seattle nurses were killed on June 17, 2023, while attending a Live Nation festival. The family filed a wrongful death lawsuit seeking to hold Live Nation (and other allegedly responsible entities) accountable for alleged deficient conduct and lax security protocols.

The Defendant: Estate of Brady Escamilla Obo et al. VS Live Nation Entertainment Inc. et al.

The defendant in the case, Live Nation, is a subsidiary of Insomniac Holdings and several security companies that face a wrongful death lawsuit connected to an incident at the 2023 Beyond Wonderland at The Gorge EDM festival. According to the lawsuit, alleged deficient conduct and lax security protocols on the part of the defendant are responsible for the armed concertgoer, James M. Kelly, who shot the two nurses during the EDM event.

The Case: Estate of Brady Escamilla Obo et al. VS Live Nation Entertainment Inc. et al.

In the case Estate of Brady Escamilla Obo et al. VS Live Nation Entertainment Inc. et al., the shooter, Kelly, ingested hallucinogenic mushrooms at the concert, went to his vehicle (which was parked at The Gorge Campground) to retrieve a handgun and ammunition, and proceeded to open fire. Several people were injured, and both Brandy and Josilyn (who were walking nearby) were killed. The wrongful death complaint alleged that Live Nation and The Gorge have strict policies that prohibit the possession of drugs and weapons on the premises and in the campgrounds.

If you have questions about filing a California wrongful death lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Do Distributors of Tastykake & Wonderbread Qualify for an Exemption?

The high court recently decided that distributors of baked goods like Tastykake and Wonderbread to various retailers could qualify for an exemption Federal Arbitration Act (FAA). An exemption would allow them to proceed with their wage and hour action.

The Case: Bissonette v. LePage Bakeries Park St. LLC

The Court: U.S. Supreme Court

The Case No.: 23-51

The Plaintiff: Bissonette v. LePage Bakeries Park St. LLC

The plaintiffs in the case, distributors of products made by Flower Foods, argued that they were misclassified as independent contractors and denied overtime pay and other paycheck protections they should have received if the company had appropriately classified them as employees.

The Defendant: Bissonette v. LePage Bakeries Park St. LLC

The defendant in the case, LePage Bakeries Park St. LLC, argued that the FAA required that the suit be resolved out of court due to an arbitration clause in the distributors’ contract. However, the plaintiffs counter-argued that they were exempt from the act as workers engaged in interstate commerce (exemption found in Section 1 of the FAA exempts “workers engaged in foreign or interstate commerce”).

The Case: Bissonette v. LePage Bakeries Park St. LLC

The question before the high court was whether or not the exemption applied to bakery workers or if it was only applicable to workers in the transportation industry. While a May 2022 ruling ruled that workers weren’t exempt because they primarily made money by selling baked goods, Judge Roberts noted the court’s last decision on a Section 1 exemption, Southwest Airlines Co. v. Saxon. In Southwest Airlines Co. v. Saxon, the court decided that the exemption application depends on a worker’s attributes - not those of the business they work for or the industry they work in. The judge pointed out that the language used in the exemption referenced the “worker” being “engaged” in commerce, which focuses on the performance of work rather than the industry of the company or employer.

If you have questions about how to file a California misclassification lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to help you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Did Alakor Healthcare LLC Pay Employees an Accurate Wage?

In recent news, former employees have questioned whether Alakor Healthcare paid their workers an accurate wage.

The Case: Eugene Zaldivar v. Alakor Healthcare, LLC

The Court: Los Angeles County Superior Court of the State of California

The Case No.: 24STCV04927

The Plaintiff: Eugene Zaldivar v. Alakor Healthcare, LLC

Eugene Zaldivar, the plaintiff in the case, filed a class action complaint alleging that Alakor Healthcare LLC violated the California Labor Code. Alakor Healthcare, LLC employed Zaldivar from November 16th, 2016, through May 22nd, 2023.

The Defendant: Eugene Zaldivar v. Alakor Healthcare, LLC

The defendant in the case, Alakor Healthcare, LLC, is a limited liability company that provides healthcare services throughout California. According to the lawsuit, Alakor Healthcare, LLC violated these labor laws:

• Paying Minimum Wage

• Paying Overtime Hours

• Failing to Provide rest periods and meal breaks

The case., Eugene Zaldivar v. Alakor Healthcare, LLC, is currently pending in the LA County Superior Court of the State of California.

The Case: Eugene Zaldivar v. Alakor Healthcare, LLC

According to the complaint, workers at the Alakor Healthcare LLC Boeing facility were not provided with the mandated ten-minute rest periods if they worked more than four hours. Furthermore, there were instances where, as per the company's directives, employees worked shifts exceeding five hours without being provided a meal break. Consequently, these workers missed out on their meal breaks without receiving extra pay, following what is said to be the defendant's standard practice and policy. This purported misconduct breaches various sections of the California Labor Code.

If you have questions about filing a California wage and hour lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Interglobo Logistics Class Action Brings Up Meal, and Rest Breaks Claims

In recent news, Interglobo has been accused of violating meal and rest break labor laws. The class action lists multiple labor law violations.

The Case: Rogan Ghazarian v. Interglobo Logistics

The Court: US District Court for the Central District of California

The Case No.: 24STCV04814

The Plaintiff: Rogan Ghazarian v. Interglobo Logistics

The plaintiff in the case, Rogan Ghazarian, claims that Interglobo Logistics allegedly failed to pay its employees' wages accurately for all their hours. Ghazarian filed the class action complaint on behalf of himself and others in a similar situation with the company.

The Defendants: Rogan Ghazarian v. Interglobo Logistics

The case, Rogan Ghazarian v. Interglobo Logistics, allegedly violated numerous Sections in the California Labor Codes: §§ 201, 202, 203, 204, 210, 226, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, & 2802. The allegations listed in the complaint include:

• Failing to pay minimum wage

• Failing to pay overtime wages

• Failing to provide employees with regular meal breaks and rest periods

• Failing to pay wages when due

• Failing to provide accurate itemized wage statements

• Failing to reimburse workers when they purchase a necessary work expense using their own money

Why Would a California Employee Refuse to Provide Legally Required Breaks and Rest Periods?

There are various reasons why some California employers may not adhere to the state's rest break and meal period regulations. 1) a misinterpretation of California's labor laws can lead employers to mistakenly believe they are in compliance when they are not. 2) Additionally, understaffing might lead some employers to prioritize business needs over compliance, attempting to limit employees' access to breaks. 3) Furthermore, in competitive industries with thin margins, some employers might view the strict enforcement of break periods as a financial burden that affects their bottom line. 4. Lastly, there's also the issue of workplace culture; in environments where taking breaks is implicitly discouraged or where there is a lack of enforcement mechanisms, employees might feel pressured to skip rest periods and meal breaks. These practices, however, expose employers to significant legal risks and penalties.

The Case: Rogan Ghazarian v. Interglobo Logistics

The Interglobo Logistics class action lawsuit is currently pending in the LA County Superior Court of the State of California.

If you have questions about how to file a California meal and rest break lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Did EquipmentShare Violate Wage and Hour Law?

In recent news, EquipmentShare faces allegations that its standard policies and practices violate labor law.

The Case: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The Court: United States District Court-Central District of California

The Case No.: 37-2024-00009472-CU-OE-CTL

The Plaintiffs: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The plaintiff, Kevin Dion Cocroft, filed a class action lawsuit citing Equipmentshare.com Inc. (EquipmentShare) was violating labor law by allegedly failing to provide employee meal and rest breaks.

The Defendant: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The defendant in the case, EquipmentShare.com, Inc., is a California Corporation that owns and operates construction equipment rental companies throughout the state of California, including the county of San Diego, where Kevin Dion, the plaintiff, was employed. The class action lawsuit makes multiple labor law violation claims:

• violating minimum wage law

• violating overtime wage law,

• violating meal and rest break requirements

• falling to reimburse workers for necessary work expenses

• failing to provide an accurate, itemized wage statement

• falling to provide wages when due

The above allegations would be in violation of California Labor Code Sections §§ 201, 202, 203, 204, 210, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, and 2802.

Rigorous work schedules and understaffing allegedly prevented employees from taking off-duty meal breaks and rest periods. When the employees did take one of their breaks, they were generally not completely relieved of their job duties. In California, non-exempt employees are entitled to a 10-minute paid rest period for every four hours worked or a major fraction thereof, with the rest period ideally falling in the middle of the work period. Additionally, these employees must be provided with a 30-minute meal break if they work a shift longer than 5 hours and a second meal break if they work over 10 hours. Employers cannot require employees to work during these breaks and must relinquish control over their activities. Failure to comply with these provisions can lead to significant penalties for employers, including payment of one hour of pay for each day a rest or meal period is not provided.

The Case: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The class action lawsuit, Kevin Dion Cocroft v. EquipmentShare.com, Inc., is currently pending in the San Diego County Superior Court of the State of California.

If you have questions about filing a California employment law lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.