Practice Areas

Overtime:
If your current or former employer violated your rights to overtime pay, contact an overtime attorney at Blumenthal, Nordrehaug & Bhowmik in California. With overtime law offices in San Diego, Los Angeles and San Francisco, our labor lawyers have helped thousands of employees throughout the entire state recover backpay and penalties for overtime wage & hour violations. Our lawyers have significant experience and a proud track record of success in actions involving:

Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) provides double damages for employees when employers violate overtime laws     More>

California Labor Code
The California labor code requires overtime when employees work more than 40 hour weeks AND 8 hour days More>

Unpaid Overtime Wages
Failing to pay employees additional wages for working overtime is illegal and can lead to big liability for companies     More>

Working Off The Clock
Failing to pay employees for overtime hours worked off the clock violates California labor laws and the FLSA     More>

Regular Rate of Pay
Employers frequently violate overtime laws by miscalculating the employee’s regular rate of pay for overtime.

Mandatory OvertimeWhile employers are allowed to enforce mandatory overtime, employees must be paid for all the hours worked at 1.5 x the rate.

Labor Board v. Attorney
Hiring an employment lawyer for your overtime claim is beneficial for many reasons, including damages available under FLSA.

Exempt vs. Non-Exempt
Contact our overtime attorneys today for free advice on whether or not your are exempt from overtime pay.

California Salary Laws
RThe biggest misconception in California is that a salary means no
overtime, because the key inquiry is all about the employee’s job
duties.

OVER $150 MILLION IN OVERTIME AWARDS FOR OUR CLIENTS
Our overtime attorneys have obtained over $150 million in awards for

our clients in actions involving overtime pay wages, including:
Overtime Pay Lawyers in San Diego, San Francisco, Los Angeles and the rest of California

Whether you are looking for a San Diego Overtime Attorney, Los Angeles Overtime Lawyer or San Francisco Overtime Attorney, our law firm can help you assess whether or not you have a viable claim against your current or former company. Our lawyers offer free initial consultations to help employees assess their legal options. We accept eligible cases on a contingency fee basis, meaning that there are no out of pocket expenses to get your case started and employees never pay our attorneys anything unless we successfully recover money for them.

Wage and Hour:
In many situations, the problem with wage and hour violations begins with employee misclassification. People entitled to overtime for hours exceeding 40 hours in a week are often misclassified as exempt from
overtime pay. Workers performing as full-time employees are misclassified as independent contractors. Once we expose these errors and violations, a wide range of rights to additional compensation starts to come into focus, and the back pay you recover can be substantial.
Examples of the kinds of employee compensation issues we handle include:

  • Inaccurate wage and hour calculations
  • Employer’s failure to provide wage statements
  • Unpaid wages in proper amounts or when due
  • Violations of California minimum wage laws
  • Late payment at separation, whether by resignation, layoff or firing
  • Uncompensated or denial of regular meal and rest breaks
  • Unpaid sales commissions and commissions not included in overtime rate
  • Failure to reimburse employees for work related expenses
  • Illegal wage deductions and payroll errors
  • Improper practices concerning vacation pay and time off
Our lawyers represent individuals and employee groups in a wide range of industries: financial services, insurance, home health care, high tech, retail or commission sales, manufacturing and assembly, restaurants, hotels and many others. We represent both salaried and hourly employees, and we know which industries and occupations are especially notorious for unfair compensation practices.

For additional information about our approach to unfair pay practices anywhere in the state,contact the California employee compensation attorneys at Blumenthal, Nordrehaug & Bhowmik for a free
consultation.

Class Action:
Class action lawsuits are important for our society because they are a
vehicle for employees to come together and assert their rights under California Labor Laws and federal employment laws, such as the Fair Labor Standards Act.
Class actions are also important because they make it economically viable for lawyers to work on a contingency basis. When a company in California violates certain laws — such as overtime pay laws - it may be difficult for the employee to find a good lawyer to take the case because the damages may be too small. However, if other employees have faced similar violations, class action lawyers with the resources and experience needed to sue big companies may be willing to take the case and put a stop to the company’s illegal conduct.

Class Action Requirements
In order for a lawsuit to become a class action, the following requirements must be met:
  1. Impracticability - It must not be realistic for all of the employees
    and class members to bring their own individual claims against the
    company because there are too many people potentially affected.
  2. Commonality - There must be factual questions or legal questions
    that are common to all the class members and these common questions must
    dominate the focus of the litigation so the court does not have to
    spend time and resources on individualized issues, which would make the
    case drag on and potentially prejudice the other class members from
    seeking a speedy recovery. This requirement, known as “commonality” does
    not mean merely that all the employees have suffered from the same
    violations.
  3. Typicality - There must be a class representative who has been
    damaged by the employer in the same way that the members of the class
    have been damaged. For example This requirement is often referred to as
    “the class reps claims are typical of the claims of the class members.”
  4. Beneficial for Parties - There must be substantial benefit to all
    the parties involved, including the employees, the employer and the
    court. In other words, the class action lawsuit
Benefits of a Class Action Lawsuit
There are several benefits of pursuing a class action lawsuit as opposed to an individual action:

  • Contingency Fee Representation — Employees can find contingency fee
    class action lawyers that have the resources and experience necessary to
    go up against a big company more easily than if it were an individual
    lawsuit because it is more economically viable for the law firm.
  • Lower Retaliation Problems — Employees don’t have to fear
    retaliation for being a part of a class action suit because the only
    name on the lawsuit is that of the class representative and employees
    are presumed to be part of the class action unless they affirmatively
    choose to not participate in the class action in which case the employee
    “opts out” of the case.
  • Preserve Court Resources — Class actions preserve the resources of
    the courts. Instead of hundreds of individual cases being filed and
    flooding the courts, a class action suit allows the court to solve the
    problem one time. This also promotes consistency because if hundreds of
    individual lawsuits were filed some employees would lose and some would
    win on the same legal issue.
  • Incentive & Service Awards — In a class action settlement, the
    class representative (the person who starts the class action lawsuit)
    may be eligible for a service award in addition to the damages.
  • Putting a Stop to Illegal Conduct — Class action suits can be
    beneficial because employees can seek an injunction against the company
    which declares that what the company is doing is illegal and the company
    cannot continue to violate the law. This is beneficial because an
    injunction in class action litigation can create a fair workplace.
If You Feel Cheated at Work, You’re Probably Not Alone
Despite some of the strongest employment rights laws in the nation,
California employees are routinely cheated out of rightful earnings by
employers who put profits before the law. The class action lawyers at
Blumenthal, Nordrehaug & Bhowmik are known throughout the state of
California for using class action lawsuits to protect groups of workers
in cases involving overtime pay laws.
There are several advantages for employees to use class action
lawsuits to vindicate their employee rights. Retaining a class action
lawyer may be benefecial for employees in that:
  • Employees can be responsible for stopping illegal employment practices not only for themselves, but also for their co-workers
  • Workers can contribute to the creation of good public policy
  • Employees can earn an extra Service Award Payment in addition to the money they would win in the lawsuit
As the first person to initiate a class action lawsuit against a
business, your employer will be careful to treat you fairly once you
have retained a class action lawyer. You may be eligible to receive
significant compensation as a service award. The service award money is
in addition to the settlement or money a jury awards the class
representative in a class action lawsuit. Take a look at some of our class action settlements.

Employment law class action Suits
We are the California class action attorneys of Blumenthal,
Nordrehaug & Bhowmik. Our no win no fee contingency attorneys focus
on California class action lawsuits involving employer violations of
the California Labor Code and Fair Labor Standards Act. Our overtime pay lawyers focus on claims involving exempt vs. non-exempt employees. Contact
a class action lawyer in San Diego or San Francisco for free legal
advice about starting or joining class action lawsuits.

With a statewide class action practice and offices in San Diego, San
Francisco and San Jose, our class action attorneys are known throughout
the state of California for representing workers in class action
lawsuits against big companies. Click here to see our class action lawsuit list.

Free Consultation ▪ Contingency Fee Class Action Attorneys
Learn more about federal and state class action lawsuits. If you are
feeling cheated by your employer, chances are you aren’t alone.The class
action attorneys at Blumenthal, Nordrehaug & Bhowmik represent
employees in class action lawsuits against employers in San Diego, Los
Angeles, San Francisco and Santa Clara, and throughout the rest of
California.

{ 1 comment… read it below or add one }

Jennifer McKinley June 26, 2013 at 3:09 am

Do you do civil lawsuits? I believe I have a strong case against Union Bank. I am a former employee. Long story short is -
I worked for Union Bank in San Diego. I started as a temp employee through RemX for a year. I was then hired on full time. My Loss Mit team got a new supervisor who I had problems with immediately. I was a whistleblower and they started a paper trail on me. I went out on disability for anxiety and panic attacks and returned after 2 weeks. Things got worse. I made a workers comp claim which was denied within hours. I went out on disability again for a year. They terminated my position. I moved to Abq, NM. They hired a P.I to follow me 80 miles into the mountains for 2 days at an RV camp an recorded my family and me. They unlawfully cut off my health insurance and reinstated it 6 months later. I am now on LTD through 10/2014. I know you have been successful against UB before. I need a lawyer who can help me fight this harassment and NIED/IIED through a civil lawsuit. Thank you!

Reply

Leave a Comment


six + = 14