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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EEOC Curtails Use of Criminal Background Checks during Hiring Process – California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 5, 2012

Under an updated Equal Employment Opportunity Commission (EEOC) policy, employers are now precluded from denying employment to applicants based on arrest or conviction records — including felonies, unless there’s a direct correlation between the criminal record and the job being sought. Employers are now urged to not ask a job applicant about past convictions, and […]

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California and Nevada Hotel Workers Consistently Have Overtime Pay Miscalculated – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

November 1, 2012

With the Las Vegas Strip, Disneyland, and Hollywood, California and Nevada are two of the most popular tourist destinations which employ two of the world’s largest hotel work forces. Operating 24/7, 365 days a year, recent lawsuits show hotel employers may be consistently miscalculating overtime pay for their hotel workers. Melodee Megia, a fired worker […]

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California Puts the Kibosh on Pro Athlete Workers’ Compensation Claims – California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

October 30, 2012

It’s not a big surprise to many that professional athletes are employees. They work for their various teams, such as the Los Angeles Lakers. Many are surprised to learn, however, that if injured while playing, professional athletes, even those who earn million dollar salaries, are entitled to workers’ compensation. However, because many athletes favor filing […]

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New California Law Gets Tough on Businesses Using Independent Contractors – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

October 26, 2012

California Labor Code Section 226.8, passed in early 2012, gets tough on businesses which use independent contractors. Under Section 226.8, businesses that “willfully misclassify” an employee as an independent contractor can be fined from $5 thousand to $15 thousand per Labor Code violation. If the business has a “pattern and practice” of “willfully misclassifying” workers, […]

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Ross Dress for Less Allegations: Company Owes Non-exempt Employees Off-the-Clock Wages – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

October 24, 2012

According to a class action Complaint filed against Ross Dress for Less on June 06, 2012, the discount chain department store failed to pay their non-exempt employees for all hours worked. The wage and hour class action Complaint, which was filed by the Los Angeles employment attorneys at Blumenthal, Nordrehaug & Bhowmik, alleged that Ross […]

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FLSA Protects California Workers and Employers – California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

October 22, 2012

The Fair Labor Standards Act (FLSA), enacted in 1938, established a minimum hourly wage for covered employees working in the United States.  Though the FLSA does not set a cap on the number of hours an employee may work, an hourly paid employee is paid overtime equal to one-and-a-half times the regular rate for every […]

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When a Business Goes Bankrupt, Employees do not Lose Unpaid Wages – California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

October 18, 2012

While the number of small business bankruptcies has decreased across the nation, business bankruptcies still occur.  And when it happens, one of the first questions employees ask is “Will I get paid?” Under the federal Labor Standards Act (FLSA), employers, including California employers, are required to pay their employees all wages earned.  Any unpaid wages […]

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Companies Consistently Misclassify Claim Adjusters to Avoid Overtime Pay. Fight Back!! – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

October 16, 2012

In Harris v. Superior Court, on remand from the California Supreme Court (CSC), the California Court of Appeals has held that claim adjusters are non-exempt employees and therefore entitled to overtime pay.  Previously, using two regulations by California’s Industrial Welfare Commission, a trial court held that claims adjusters were eligible for overtime depending on whether […]

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Corporate America Strangles Employees Rights and the Economy – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik Appears on CNN “Money for Lunch”

October 12, 2012

Norm Blumenthal Video  “The purpose of a corporation is to make money . . . my job is to do what is best for the employee,” stated Los Angeles Employment Lawyer Norman Blumenthal.  “Corporations are our adversary.”  Appearing as a guest on the CNN radio talk show “Money for Lunch” Blumenthal discussed how the current […]

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