Swissport Cargo Lawsuit Alleges Wage and Hour Violations

In recent news, Swissport Cargo Services, L.P. faces wage and hour violation allegations.

The Case: William Hayes, Jr. vs. Swissport Cargo Services, L.P.

The Court: Los Angeles County Superior Court

The Case No.: 24STCV31310

The Plaintiff: Hayes, Jr. vs. Swissport Cargo

The plaintiff, William Hayes, Jr. (a non-exempt hourly employee for Swissport Cargo from July 10, 2024, through August 30, 2024), filed a class action complaint alleging that Swissport Cargo Services, L.P. violated the California Labor Code.

The Defendant: Hayes, Jr. vs. Swissport Cargo

Swiss Cargo Services, L.P. provides air cargo services in California. A recent class action complaint alleges that the defendant, Swissport Cargo Services, L.P.:

• Required their employees to work "off the clock" without paying them for their time (a violation of Cal. Lab. Code §§ 1194, 1197, and 1197.1)

• Failed to pay minimum wage (a violation of Cal. Lab. Code §§ 1194, 1197, and 1197.1)

• Did not provide employees with an accurate itemized wage statement (a violation of California Labor Code § 226)

What Information Should Employers Provide on an Itemized Wage Statement?

Labor law is specific about the information that must be included in an accurate, itemized wage statement. To comply with California Labor Code Section 226(a), employers must include the following:

• All applicable hourly rates during the pay period

• Total hours worked

• Applicable pay period in which the wages were earned

According to the class action lawsuit, the wage statements Swissport Cargo Services, L.P. provided their employees did not identify the necessary information.

The Case: Hayes, Jr. vs. Swissport Cargo

According to the Hayes' complaint, off-duty meal breaks or rest periods were regularly interrupted for work, rounded employee time worked (to benefit the company), and required off-the-clock mandatory COVID-19 screening before clocking into work. The case, Hayes, Jr. vs. Swissport Cargo, is currently pending in California's Los Angeles County Superior Court.

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

California Workers Claim Live Nation Worldwide, Inc. Violated Labor Law

A recent employment law case discusses labor law violation allegations after California workers claim Live Nation Worldwide failed to reimburse them for business expenses.

The Case: Byron Gonzales v. Live Nation Worldwide, Inc.

The Court: California Orange County Superior Court

The Case No.: 30-2024-01435581-CU-OE-CXC

The Plaintiffs: Byron Gonzales v. Live Nation Worldwide

The plaintiff in the case, Byron Gonzales, was an hourly employee eligible for labor law protections. As such, he was entitled to receive minimum wage, overtime pay, accurate, itemized wage statements, rest periods, and meal periods. Gonzales claims during his employment, the company's employees in similar circumstances allegedly required employees to use their cell phones to complete their job duties. Gonzales filed a class action lawsuit for himself and other workers in similar positions, alleging that Live Nation Worldwide, Inc. violated the California Labor Code by failing to reimburse workers for required business expenses.

Labor Code Requires Under California Labor Code 2802, California employers are required to "indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties…"

The Defendant: Byron Gonzales v. Live Nation Worldwide

The defendant in the case is Live Nation Worldwide. Workers at the company claim they failed to reimburse their employees for necessary business expenses (including using personal cell phones). Allegedly, this standard business practice also resulted in inaccurate and incomplete wages and wage statements. California employers are required to provide accurate, itemized wage statements. To fulfill this requirement, the statements must include 1) applicable hourly rates, 2) total hours worked, and 3) the applicable pay period in which the wages were earned (Labor Code §226(a)). According to the plaintiff, Live Nation's wage statements failed to comply with labor code requirements.

The Allegations: Included in the Class Action

• Wage Statement Violation: Live Nation allegedly did not provide employees with an accurate itemized wage statement (violating California Labor Code §226).

• Business Expense Reimbursement Violation: Live Nation allegedly failed to reimburse workers for necessary business expenses (California Labor Code 2802).

Status of the Case: Byron Gonzales v. Live Nation Worldwide

Gonzales filed the Live Nation Worldwide, Inc. class action lawsuit in California's Orange County Superior Court. The case is currently pending.

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

Did Okdak Fail to Reimburse Employees for Business Expenses?

A California worker recently filed a class action complaint alleging Okdak violated labor law.

The Case: Roberto Contreras Jimenez v. Okdak, Inc.

The Court: California's Riverside County Superior Court

The Case No.: CVRI2404524

The Plaintiff: Jimenez v. Okdak

The plaintiff, Jimenez, filed a class action complaint alleging that Okdak, Inc. violated the California Labor Code. According to the class action complaint, Okdak failed to reimburse workers for required business expenses, violating Labor Code 2802. Jimenez claimed that during his employment, he and other class members were required to use their personal cell phones to fulfill their job responsibilities.

What is California Labor Code 2802?

California Labor Code 2802 requires employers to "indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties..." As such, employees who must purchase items or services in order to fulfill their job duties should receive a reimbursement for the business expense from their employer.

The Defendant: Jimenez v. Okdak

According to the plaintiff, Okdak failed to accurately record employee hours and provide accurate compensation for actual hours worked. Since labor law requires employers to pay their workers for all time worked, failing to do so is a violation. "Time worked" (when referring to labor law) refers to the time during which an employee is subject to their employer's control. The plaintiff claims the employee required workers to work off the clock without pay. Since the off-the-clock hours did not qualify for overtime premium payment, the company allegedly failed to provide employees with minimum wage for their off-the-clock hours, which violates multiple California Labor Codes (§§ 1194, 1197, and 1197.1).

More About the Jimenez v. Okdak Class Action Lawsuit:

The plaintiff filed on behalf of himself and other similarly situated current and former employees. The class action is pending in California's Riverside County Superior Court.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Skilled employment law attorneys can assist you at various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Pacific Bell Settles California Wage and Hour Class Action: $2.235M Settlement

In recent news, Pacific Bell resolved a California wage and hour class action lawsuit with a proposed $2.235 million settlement.

The Case: Macopson v. Pacific Bell Telephone Company, et al.

The Court: Los Angeles County California Superior Court

The Case No.: 22STCV13800

The Plaintiffs: Macopson v. Pacific Bell

The plaintiff in the case, Macopson, claimed Pacific Bell violated state wage laws. The class action was filed for Pacific Bell workers employed at California locations between April 26, 2018, and March 21, 2024. According to the original complaint, Pacific Bell underpaid their employees and failed to reimburse workers for necessary business expenses; both allegations allegedly violated California labor law. The plaintiffs filed claims under PAGA (California's Private Attorneys General Act). The state law enables workers to file these types of claims on behalf of other workers and California's Labor and Workforce Development Agency. Eligible class members are those who Pacific Bell employed in California between April 26, 2018, and March 21, 2024.

What is the Origin of California's PAGA?

California's Senate Bill 796 (SB 796) enacted the Private Attorneys General Act (PAGA) in 2004. The law was designed to reduce state labor law violations, address common unlawful and anti-competitive business practices, create the possibility for employees to collect penalties for labor law violations, and address staffing issues in state labor law enforcement.

California Telephone Company Faces Wage & Hour Violation Allegations:

The defendant in the case is Pacific Bell, a California telephone company owned by AT&T. The plaintiffs claim that Pacific Bell's business practices violated labor law. Whlle they declined to admit any wrongdoing, the company chose to resolve the claims through a settlement agreement.

Macopson v. Pacific Bell: Learn More About the Case

The terms of the $2.235 million settlement agreement designate that class members employed by the defendant between April 10, 2018, and March 21, 2014, receive the designated payment and that class members employed by the telephone company between April 10, 2021, and March 21, 2024, are eligible for the PAGA payment.

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

Amazon Settles for $3M in California Wage and Hour Class Action Lawsuit

In recent news, Amazon settled a California wage and hour class action lawsuit for $3 million.

The Case: Kryzhanovskiy et al. v. Amazon.com Services Inc., et al.

The Court: California Eastern U.S. District Court

The Case No.: 2:21-cv-01292-BAM

The Allegations: Kryzhanovskiy et al. v. Amazon.com Services Inc., et al.

The plaintiffs in the case, Leilani Kryzhanovskiy and Patricia Salazar, filed a California class action lawsuit alleging that Amazon violated California wage and hour laws. The lawsuit was filed on behalf of Amazon’s California employees who worked overtime between July 22, 2017, and November 7, 2023, during the same workweek they received a signing bonus. In the original wage and hour complaint, the plaintiffs claimed Amazon violated California labor laws when they failed to include the signing bonus to determine the regular pay rate when calculating overtime pay. As a result, the workers were allegedly underpaid for their overtime.

The Defendant: Kryzhanovskiy et al. v. Amazon.com Services Inc., et al.

The defendant in the case, Amazon.com Services Inc., et al., is a multinational tech company and the largest online retailer in the U.S. (selling many products, including books, music, movies, electronics, apparel, etc.).

The Case: Kryzhanovskiy et al. v. Amazon.com Services Inc., et al.

The California Eastern District U.S. District Court approved a $3 million settlement to resolve the overtime violation claims in September 2024. The class counsel’s $1 million attorneys’ fees were included in the settlement amount. The settlement was intended to return alleged unpaid overtime wages to eligible California workers.

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

Private California University Faces Labor Law Violation Allegations

A recent wage and hour case in LA County questions whether one of the local private colleges violated labor law. A former employee's class action alleges multiple violations.

The Case: Rosangela Torres v. Cogswell College, LLC

The Court: California's Los Angeles County Superior Court

The Case No.: 22STCV00409

The Plaintiffs: Rosangela Torres v. Cogswell College, LLC

The plaintiff in the case, Rosangela Torres, worked at the university from March 2022 through May 2023. During her employment, she claims that Cogswell College/University of Silicon Valley's employees had to face rigorous work schedules that prevented them from being fully relieved during their off-duty meal breaks and rest periods. Allegedly, employees at the university were required to work without receiving legally required meal breaks and rest periods. Additionally, the plaintiff claims the employer did not provide the specified compensation for missed breaks as required by labor law.

California Labor Law Rest Period Requirements: What Should Employees Expect?

California employers must provide their workers with a ten-minute rest period for a 2-4 hour shift. Employers must provide are required to provide workers with two rest periods (of at least 10 minutes) for shifts worked between six and eight hours. When employees work a shift of more than 10 hours, employers must provide them with three rest breaks (of at least 10 minutes). When California employees don't receive their rest breaks, labor law requires employers to compensate them with one hour of pay.

The Defendant: Cogswell College, LLC

The defendant in the case, Cogswell College, LLC, is also called the University of Silicon Valley. Torres, a former employee, alleges that the university's standard business practices violate labor law.

The Allegations: Included in the Class Action

• Failing to provide employees with off-duty rest periods and meal breaks

• Failing to pay minimum wages

• Failing to pay overtime wages

• Failing to reimburse for required business expenses

• Failing to provide wages when due

• Failing to provide accurate itemized wage statements

The Case: Rosangela Torres v. Cogswell College, LLC

The plaintiff claims that employees were subjected to numerous wage and hour violations due to overburdened work requirements and inadequate staffing at the university. The case is currently pending in LA County Superior Court.

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

Did PetVet Care Centers Fail to Accurately Record their Employees’ Hours?

PetVet Care Centers is facing labor law violations after a worker filed a lawsuit claiming the company does not record their employees' full hours worked, resulting in inaccurate wage payment and missed overtime pay.

The Case: Renee Ramirez v. PetVet Care Centers, LLC

The Court: Santa Barbara County Superior Court of the State of California

The Case No.: 24CV05042

California Class Action Alleging Labor Law Violations: The Plaintiff

Renee Ramirez, the plaintiff, filed a class action complaint in September 2024. According to the complaint, PetVet Care Center employees were not paid for all their hours. The plaintiff claims workers were required to work off the clock without compensation. Since the off-the-clock work was unpaid, it did not qualify for overtime premium payment, resulting in alleged violations of the minimum wage and overtime pay.

The Defendant: Renee Ramirez v. PetVet Care Centers, LLC

The defendant in the case, PetVet Care Centers, LLC, allegedly failed to accurately record the time worked by their employees, which resulted in alleged inaccurate wages and missed overtime pay for their workers. However, the list of allegations does not end there. The plaintiff also claims that PetVet Care Centers' standard business practices resulted in additional labor law violations:

• Failing to pay minimum wage

• Failing to pay overtime wages

• Failing to provide required meal periods

• Failing to provide required rest periods

• Failing to provide accurate itemized wage statements

• Failing to reimburse workers for necessary business expenses

• Failing to pay sick wages

• Discrimination violations

• Retaliation violations (FEHA and Labor Code)

The Case: Renee Ramirez v. PetVet Care Centers, LLC

Renee Ramirez v. PetVet Care Centers, LLC is currently pending in the Santa Barbara County Superior Court of the State of California.

If you have questions about how to file a California class action overtime or wage and hour lawsuit or need to discuss company policies that violate overtime law, please don't hesitate to get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Their experienced employment law attorneys are ready to assist you in various law firm offices in Chicago, San Diego, San Francisco, Sacramento, Riverside, and Los Angeles, empowering you to take action.