Wage & Hour Violations: Did Soapy Joe's Violate Labor Law?

In recent news, Soapy Joe's is facing a lawsuit alleging they violated labor law's wage and hour requirements.

The Case: Makiya Epps & Tessie Haley vs. Soapy Joe's Group, Inc.

The Court: San Diego County Superior Court

The Case No.: 37-2022-00013622-CU-OE-CTL

The Plaintiff: Epps & Haley vs. Soapy Joe's

The plaintiffs, Makiya Epps and Tessie Haley, claim that Soapy Joe's engaged in a pattern of wage and hour violations as a part of their regular business practices. According to the class action lawsuit, the plaintiff believes that the company knowingly engaged in labor law violations to decrease employment-related costs.

Minimum Wage: How Employers Violate California Labor Law

In California, the minimum wage is set by state law (higher than the federal minimum) and varies depending on the business size and location. As of 2024, California employers who employ more than 25 employees are required to pay minimum wage of $15.50 per hour. However, some cities and counties have established a higher minimum wage applicable in their area. Employees should pay attention to make sure their employer is not paying an hourly wage less than the applicable minimum wage, making improper deductions from employee wages, requiring employees to work "off the clock," miscalculating wages for tipped employees (in California, tipped employees are paid the full minimum wage before tips, unlike various other states that allow a lower minimum wage). Labor law violations can lead to required back payment of wages, fines, interest (payable to the affected employees), and potential legal action from the state labor enforcement agencies.

The Defendant: Epps & Haley vs. Soapy Joe's

The defendant, Soapy Joe's, faces multiple allegations of labor law violations, including failing to:

• offer eligible employees required meal breaks and rest periods (off the clock)

• pay minimum wage

• pay accurate overtime wages

• pay accurate sick pay and overtime pay rates

• provide reimbursement for necessary business expenses

• create and maintain accurate records and provide accurate itemized wage statements

• pay wages on time

The plaintiff in the case alleges that the company's behavior violated California Labor Code Sections §§ 201, 202, 203, 204, 206.5, 210, 226, 226.7, 246, 510, 512, 558, 1194, 1197, 1197.1, 1198 & 2802.

The Case: Epps & Haley vs. Soapy Joe's

The case, Epps & Haley vs. Soapy Joe's, alleges Soapy Joe's violated the California Labor Code by failing to pay workers for all their work hours. The case is currently pending in the San Diego 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.

Former Employee Claims California Air Cargo Company’s Practices Violate Labor Law

A former employee of Swissport Cargo Services claims the company’s business practices violate labor law and fail to provide the company’s employees with full payment for their work hours.

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

The Court: Superior Court of California, County of Los Angeles

The Case No.: 24STCV31310

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

The plaintiff, William Hayes, Jr., worked for Swissport Cargo Services from July 10, 2024, through August 30, 2024. During his time at the company, Hayes claims the company failed to record all hours he and other employees worked accurately. Inaccurate timekeeping practices allegedly led to inaccurate and incomplete wages and wage statements, which violates labor law. Hayes filed a California wage and hour class action lawsuit representing himself and other former employees who qualify for the class.

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

The defendant, Swissport Cargo Services, L.P., provides air cargo services in California. According to the lawsuit, the air cargo provider allegedly violated numerous labor laws, including:

• failing to pay their workers the minimum wage required by law (in violation of Labor Code §§ 1194, 1197, and 1197.1)

• failing to provide their employees with an accurate itemized wage statement for each pay period (in violation of Labor Code § 226)

• failing to provide employees with overtime wages when they work overtime (in violation of Labor Code § 510)

• failing to provide employees with meal periods/rest breaks (in violation of Labor Code § 226.7 and 512 and the applicable IWC Wage Order)

• failure to reimburse employees for necessary work expenses (in violation of Labor Code §2802)

• failure to provide wages when due (in violation of Labor Code §§ 201, 202, and 203)

• failure to provide sick pay wages (in violation of Labor Code §§ 201, 203, 233, and 246)

The plaintiff also claims the defendant engaged in unfair competition practices in violation of California Business & Professional Code §§ 17200.

What Qualifies as “Time Worked” for California Employees?

“Time worked” for a California employee is any time when the worker is subject to their employer’s control. Being “under an employer’s control” can refer to the time when an employee is allowed or permitted to work but not required to work, including active duty hours and any time the employee needs to remain on the worksite or business premises, wait for work to arrive or start, attend meetings, fulfill training requirements, etc. In addition, “time worked” for a California employee can refer to time when the employee was allowed to work and the work benefited the company/employer. If you have questions about how your employer defines “time worked,” contact an experienced employment law attorney to get answers for your job situation.

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

The plaintiffs in the case, William Hayes, Jr. vs. Swissport Cargo Services, L.P., seek compensation for their alleged lost wages, an injunction to prevent similar unlawful conduct in the future, and all other appropriate and legal equitable relief for the plaintiff and other class members who were economically injured by Swissport Cargo Services’ alleged unlawful conduct (past and present). The plaintiff filed the case in Los Angeles County Superior Court; it is currently pending.

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.

Lawsuit Alleges Mitchell Repair and Snap-On Engaged in Labor Law Violations

Mitchell Repair Information Company, LLC and Snap-On Incorporated faced labor law violation allegations in a lawsuit claiming they failed to provide their employees fair wages for all their hours worked.

The Case: Louis Carabetta vs. Mitchell Repair Information Company, LLC and Snap-On Incorporated (a.k.a. Mitchell Repair and Snap-On)

The Court: San Diego County Superior Court

The Case No.: 37-2022-00020244-CU-OE-CTL

The Plaintiff: Louis Carabetta vs. Mitchell Repair and Snap-On

The plaintiff is a former employee who filed a class action complaint claiming his former employer violated labor law.

The Defendant: Louis Carabetta vs. Mitchell Repair and Snap-On

Mitchell Repair and Snap-On, the defendants, are an American company that creates software for auto repair shops with operations throughout California (including San Diego County). According to the allegations, the defendant failed to pay employees' wages for all their time accurately worked. The lawsuit also included additional allegations:

• failure to pay minimum wage

• failure to pay overtime wages

• failure to provide meal breaks and rest periods

• failure to reimburse employees for necessary work expenses

• failure to provide accurate itemized wage statements

• failure to pay employee wages when due

Why Do California Employers Violate Labor Law?

California employers might violate labor laws for several reasons, ranging from a lack of awareness about the specifics of the state's complex and frequently changing regulations to deliberate cost-cutting measures. Sometimes, employers may misclassify employees as independent contractors or exempt from overtime to avoid paying minimum wages and overtime due. In other cases, California businesses may fail to maintain accurate records of employee hours or miscalculate their employees' overtime pay rates, which often leads to unintentional underpayment. Some businesses may even intentionally prioritize operational needs or profit margins over labor law compliance - especially in a competitive business environment. Employers can face serious financial and legal consequences regardless of why a violation occurs.

The Case: Louis Carabetta vs. Mitchell Repair and Snap-On

The Mitchell Repair and Snap-On class action lawsuit was filed in the San Diego County Superior Court of the State of California.

If you have questions about filing a California wage and hour class action lawsuit, please get in touch with 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.

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.

Outback Contractors Face Allegations they Failed to Provide Meal and Rest Breaks (Copy)

A recently filed California wage and hour lawsuit claims that Outback Contractors failed to provide workers with meal breaks and rest periods required by labor law.

The Case: Christopher Vanderbeek v. Outback Contractors, Inc.

The Court: Tehama County Superior Court

The Case No.: 24CI-000225

The Plaintiff: Christopher Vanderbeek v. Outback Contractors

The plaintiff in the case, Christopher Vanderbeek, filed a class action complaint claiming Outback Contractors' employees has such rigorous work schedules that they couldn't take their off duty rest breaks and meal periods. Additionally, the employees were allegedly not fully relieved during their rest periods. According to the plaintiff, Vanderbeek, employees were interrupted during their off-duty meal breaks to complete job duties for the company. Allegedly, employees were required to complete their shifts without receiving the rest periods and meal breaks California employers must provide in compliance with labor law.

The Defendants: Christopher Vanderbeek v. Outback Contractors

The defendants in the case, Outback Contractors, face several violation allegations:

• Minimum Wage Pay Violations

• Overtime Wage Pay Violations

• Meal Break Violations

• Rest Period Violations

• Wage Statement Violations

• Business Expense Reimbursement Violations

• Timely Payment of Wages Violations

The Case: Christopher Vanderbeek v. Outback Contractors

According to the class action complaint, Outback Contractors’ policy allegedly caused workers to stay on-call and on duty during their “off duty” breaks and meal periods. Even though employees allegedly had to forfeit their breaks, they weren’t offered the required one hour of pay for missed breaks due to strict corporate policy and business practices at Outback Contractors. According to the California class action lawsuit, Outback Contractors’ standard policies and practices allegedly led to numerous California Labor Code violations.

If you have questions about filing a California wage and hour lawsuit, please contact 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.

Former Employee Files PAGA-Only Action Against Avis Budget Car Rental, LLC

Did Avis Budget Car Rental, LLC fail to provide workers with all the legally required rest periods and meal breaks? The plaintiff not only claims the company failed to provide breaks but also failed to provide the required one hour of compensation in place of the missed breaks.

The Case: Rodney Nelson v. Avis Budget Car Rental, LLC

The Court: Orange County Superior Court

The Case No.: 30-2023-01310016-CU-OE-CXC

The Plaintiff: Rodney Nelson v. Avis Budget Car Rental

The plaintiff in the case, Rodney Nelson, was employed by Avis Budget Car Rental from June 2022 through November 2022 and filed a lawsuit against Avis Budget Car Rental, LLC, alleging the company violated the Labor Code. According to the lawsuit, the plaintiff and other workers in similar positions were not fully relieved during legally required meal breaks. Additionally, the employees frequently had to miss their rest periods.

How Does the Court Define an Off-Duty Rest Period?

According to the California Supreme Court, an off-duty rest period is when an employee is relieved from all work and work-related duties and is free from their employer's control.

Former Employee Claims Rental Company Violated Labor Law:

The defendant in the case, Avis Budget Car Rental, owns and operates car rental agencies in California. The plaintiff claims standard business policies and practices at the rental car company led to multiple labor law violations.

Did Avis Budget Rental Car Violate Multiple Labor Laws?

The plaintiff, Nelson, claims the company violated Labor Code § 2699, et seq. and seeks penalties for the alleged violation of California Labor Codes. Filed in Orange County Superior Court, the case is currently pending.

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.

Outback Contractors Face Allegations they Failed to Provide Meal and Rest Breaks

A recently filed California wage and hour lawsuit claims that Outback Contractors failed to provide workers with meal breaks and rest periods required by labor law.

The Case: Christopher Vanderbeek v. Outback Contractors, Inc.

The Court: Tehama County Superior Court

The Case No.: 24CI-000225

The Plaintiff: Christopher Vanderbeek v. Outback Contractors

The plaintiff in the case, Christopher Vanderbeek, filed a class action complaint claiming Outback Contractors' employees has such rigorous work schedules that they couldn't take their off duty rest breaks and meal periods. Additionally, the employees were allegedly not fully relieved during their rest periods. According to the plaintiff, Vanderbeek, employees were interrupted during their off-duty meal breaks to complete job duties for the company. Allegedly, employees were required to complete their shifts without receiving the rest periods and meal breaks California employers must provide in compliance with labor law.

The Defendants: Christopher Vanderbeek v. Outback Contractors

The defendants in the case, Outback Contractors, face several violation allegations:

• Minimum Wage Pay Violations

• Overtime Wage Pay Violations

• Meal Break Violations

• Rest Period Violations

• Wage Statement Violations

• Business Expense Reimbursement Violations

• Timely Payment of Wages Violations

The Case: Christopher Vanderbeek v. Outback Contractors

According to the class action complaint, Outback Contractors’ policy allegedly caused workers to stay on-call and on duty during their “off duty” breaks and meal periods. Even though employees allegedly had to forfeit their breaks, they weren’t offered the required one hour of pay for missed breaks due to strict corporate policy and business practices at Outback Contractors. According to the California class action lawsuit, Outback Contractors’ standard policies and practices allegedly led to numerous California Labor Code violations.

If you have questions about filing a California wage and hour lawsuit, please contact 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.