California District Court Rejects Broad General Release Provision in FLSA Claims – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

March 15, 2013
Overtime

Another court has joined the growing number of courts nationwide that reject a broad general release provision within a Fair Labor Standards Act (FLSA) settlement agreement, thus protecting the rights of employees, who typically lack any real bargaining power with regard to their employers (or former employers).  McKeen-Chaplin v. Franklin American Mortg. Co. Plaintiff Gina […]

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Department of Labor (DOL) Proposes a Labor Survey on Independent Contractor Misclassification – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

March 13, 2013
surveypuzzle

The U.S. Department of Labor (DOL) has proposed commissioning a $2 million survey to determine the nature and extensiveness of how independent contractors are misclassified.  To compile the survey the DOL has proposed interviewing over 10 thousand workers and 100 executives from various industries nationwide.   Interviewed workers will be questioned to gauge workers’ awareness of […]

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California Labor Law Firm Files Suit Against Lowe’s for Unpaid Overtime to Assistant Store Managers and Former Zone Managers – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

March 11, 2013
flsa exempt covered

The California labor law firm Blumenthal Nordrehaug & Bhowmik has filed a class action labor lawsuit against Lowe’s HIW, Inc., (“Lowe’s”).  According to the complaint, Lowe’s wrongfully classified their Zone Managers and Assistant Store Managers as exempt from overtime and therefore failed to pay overtime due to these employees. Valle, et al. vs. Lowe’s HIW, […]

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Class Action Lawsuit Filed Against Le Pain Quotidien For Alleged Misclassification of Managers – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

March 7, 2013
Time

A class action lawsuit has been filed against a local bakery chain of a global restaurant group for misclassifying their Assistant Store Managers to avoid overtime pay.  According to the Los Angeles employment law firm Blumenthal Nordrehaug & Bhowmik, PQ Operations, Inc., a part of the Le Pain Quotidien global restaurant group.  Harvey, et al. […]

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Account Managers File Class Action Against Cogent Communications For Alleged Failure To Pay Overtime – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

March 5, 2013
Overtime

The San Francisco labor lawyers of Blumenthal, Nordrehaug & Bhowmik has filed a class action on behalf of Christopher Valverde and other similarly situated current and former Account Managers, against Cogent Communications, Inc. (Cogent) for failing to pay them and other Account Managers overtime wages.  The lawsuit, Valverde v. Cogent Communications, Inc., Case No. 113CV239322, […]

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Field Nurse Case Managers File Class Action Against Genex Services For Alleged Failure To Pay Overtime – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

March 1, 2013
genex

San Francisco labor lawyers at Blumenthal, Nordrehaug & Bhowmik have filed a class action lawsuit against Genex Holdings Inc d/b/a Genex Services, Inc. (Genex) for alleged failure to pay overtime.  Specifically, Genex is accused of misclassifying their Field Nurse Case Managers as exempt from overtime pay to avoid paying overtime compensation.  Genex is also accused […]

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Peoples Lawyer Norman Blumenthal Discusses How the Recent Elections Affect Employee Overtime – Blumenthal, Nordrehaug & Bhowmik Appears on CNN “Money for Lunch”

February 27, 2013
Overtime

“Working stiffs who voted Democrat in the last election are not felony stupid,” said Norman Blumenthal, the managing partner of the Employment Law firm Blumenthal, Nordrehaug & Bhowmik.  “But not only do elections have consequences, state laws have consequences. California has had one of the largest increases in employment of any state.  Why? Because California […]

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Case Continues for GEICO Security Investigators Seeking Overtime Relief After Misclassification – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

February 25, 2013
geico

The lawsuit filed by former and current security investigators for overtime pay against insurance giant General Insurance Company, more commonly known as GEICO continues toward trial.  Calderon v. Geico.  In 2010, former and current security investigators filed suit against GEICO to recover overtime pay withheld by GEICO.  Plaintiffs subsequently filed a motion to Certify Class […]

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San Diego Employment Law Attorney Norman Blumenthal Explains Leave Rights to Flu Infected Employees – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

February 22, 2013
Injection

With a vicious flu season this year, every where one looked people were sneezing, coughing, and spreading nasty germs.  So the chances of not getting sick, when surrounded by so many ill people have been unlikely.  Especially among coworkers. According to the Department of Labor, employees are either out with the flu or at home […]

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9th Circuit Federal Court Rules FWW Method for Calculating Overtime Pay in Misclassification Cases is Inappropriate – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

February 20, 2013

When calculating the back pay due an employee for overtime pay the Department of Labor (DOL) has approved using a calculation of 1.5 times the employee’s regular rate of pay.  To calculate the regular rate of pay, the employee’s salary is divided by the number of hours worked in a particular workweek. Five federal Court […]

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Misclassifying Employees as Independent Contractors can Result in a Visit from the IRS – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

February 18, 2013

Employers who misclassify employees as independent contractors can receive a very bad visit from the Internal Revenue Service (IRS).  Why?  Because misclassifying employees can have severe tax consequences.  Consider the following: Federal Income Tax Withholding – If a misclassified independent contractor has not paid their personal income tax due, the IRS may require the employer […]

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