Class Action Suit Goes Forth to Decide if Newspaper Carriers are Employees or Independent Contractors – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

December 5, 2012

The California Court of Appeals will allow a class action suit to go forward to decide if newspaper delivery carriers are employees or independent contractors. Ayala v. Antelope Valley Newspapers, Inc., No. B235484 (Cal. Ct. App. Oct. 17, 2012). Antelope Valley Newspapers, Inc. made all their newspaper delivery carriers sign an Independent Contractor Distributor Agreement […]

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Exotic Dancers Are Covered Employees Entitled to FLSA Minimum Wages and Overtime – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

December 3, 2012

In Clincy et al. v. Galardi South Enterprises Inc., No. 1:09-CV-02082-RWS (N.D. Georgia, September 7, 2011), the district court determined that exotic dancers were employees entitled to minimum wages and overtime under the Fair Labor Standards Act (FLSA). In Cincy, exotic dancers were required to obtain and pay for an adult entertainment license specific to […]

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Misclassification Dispute of Truck Delivery Drivers as Independent Contractors Falls Outside the Arbitration Agreement Clause – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 29, 2012

Michael Campbell Associates Ltd. required their owner-operator truck delivery drivers to sign a “Broker/Carrier Agreement” or “Transportation Agreement.” Both Agreements classified the truck delivery drivers as independent contractors and also contained a clause requiring all disputes to be settled through arbitration. After the truck delivery drivers sued Michael Campbell claiming they were misclassified as independent […]

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Parexel Allegations: Salaried Employees are Non-exempt Employees – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 27, 2012

  According to a class action Complaint filed against Parexel International, LLC on June 06, 2012, the pharmaceutical services provider failed to pay their clinical research coordinators for the overtime hours they worked.  The wage and hour class action Complaint, which was filed by the Los Angeles employment attorneys at Blumenthal, Nordrehaug & Bhowmik, alleged […]

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California Court of Appeals Address Split Shift Premium Pay when Employee Earns More than the Minimum Wage – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 23, 2012

  The California Court of Appeal has addressed whether split-shift premium pay can be paid to employees who already make more than the minimum wage. Aleman v. AirTouch Cellular. Retail Sales Representatives, who worked for AirTouch Cellular, were required to attend occasional work related meetings before the stores opened. The meetings lasted from 60 to […]

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DOL Sues America’s #1 Satellite TV Company for Failing to Pay Minimum Wage and Overtime – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 21, 2012

The Department of Labor (DOL) has sued America’s #1 Satellite TV Company, DirecTV, for allegedly failing to pay employees the federal minimum wage or for overtime. According to the DOL lawsuit, “DirecTV paid installation technicians on a piece-rate basis, which resulted in their hourly rates falling below the federal minimum wage. The company also, neither […]

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California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik Target Walgreens, Ross Dress for Less, Forever 21, and Tommy Bahama for Failing to Pay Employees for Time Spent in Security and Bag Checks

November 19, 2012

The California labor and employment attorneys Blumenthal, Nordrehaug & Bhowmik have targeted several large retailers. According to the class action Complaints, Ross Dress for Less (filed June 06, 2012), Tommy Bahama (filed May 10, 2012), Walgreens (filed May 9, 2012), and Forever 21 (filed June 29, 2012) all failed to pay their employees for the […]

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FLSA Promulgates Gender Equal Pay Rules – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 15, 2012

While many are familiar with the Fair Labor Standards Act (FLSA) basic minimum wage and overtime pay rules, not every is aware of the nuances within the FLSA. One nuance applies to gender equality. A job’s requirements determines the job’s pay, whether the job is performed by a man or woman. Equal Pay Act of […]

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Ninth Circuit and FLSA Rules Social Workers are not Exempt “Learned Professionals” – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 13, 2012

The Ninth Circuit has held that social workers are not “learned professionals” and therefore are covered under the Fair Labor Standards Act (FLSA). The Department of Social and Health Service (DSHS) provides social services to the citizens of Washington. Because individuals hired as a social worker 2 or social worker 3 must have a bachelor’s […]

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California District Court Refuses to Certify Class of Retail Store Managers – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 9, 2012

A California District Court has refused to certify a class of retail store managers seeking overtime pay under California law, holding that individual issues would necessarily predominate. Deane v. Fastenal, Inc., Case No. 11-CV-0042 YGR (N.D. Cal. Sept. 27, 2012). Fastenal, a hardware store that caters to the construction industry, sends its store managers and […]

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Corporate America Uses Arbitration Provisions to Divide and Conquer Employee Employment Claims – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik Appears on CNN “Money for Lunch”

November 7, 2012

“An employer will try to get an employee to work as many hours as possible for as little wages as possible. The best way for an employer to do that is to classify the employee as a salaried employee to qualify the employee as exempt from Fair Labor Standard Acts purview,” stated Los Angeles Employment […]

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