Attorneys fighting for your right to Fair Wages and Fair Treatment across California
Things to watch out for in your employment and every day activities as a consumer
Do you get this a lot? Or see it going on? You’re scheduled to work a six hour shift. But your boss comes up after you’ve worked 5 hours and says, “You’re supposed to take a break now, but if you don’t want to, you don’t have to.” Then she hands you a tablet for you to click where it says, “I choose to waive my meal break today,” or something like that. Is that happening to you? Every week? Maybe your employer owes you an hour’s pay for each ½ hour meal break it has you ‘skip'. Do you suddenly finding yourself in the position of feeling like you're training your replacement? Even worse, has that happened to you and you suddenly got terminated, on the basis that your position was eliminated, yet you know the person you trained now has your job? Maybe you've been let go because of your age, or your nationality or race, or because you complained about unfair treatment, like not being paid overtime, or missing breaks. If so, we urge you to contact a lawyer BEFORE you sign any release your employer gives you with a severance check. Even if you've signed it, you might be able to void that document - if you move quickly. By any chance are you having problems with your Blue Shield billings?
We’ve gotten complaints and been asked to look into the idea that Blue Shield is claiming bills have not been paid when the check's been cashed, etc.. Also, that when the number of dependents is reduced, the premium stays the same - even though the representative says it should be less.
Or how about this? Have you gotten a notice your policy has been cancelled - even though you’ve paid your bill?
If so, perhaps you’d do us a favor and give us a call. Thanks very much if you can help us out. Does your employer forbid you from talking with other employees? Have you been told you'll get in trouble or even fired if you are caught talking together either before or after work?
Does this sound like your employer? Why do you think they would do something like that? Maybe they don't want you to realize what a rotten deal you've got.
Is this is happening to you? Call us. We'd be glad to talk to you! UNCASHED CHECKS!
Did you get a check on one of our class actions, and put it away to cash it later? Or were you notified you were eligible and didn't get the check, such that maybe it was lost? They are only valid for six months! Perhaps, but only perhaps, a new check might be issued. But YOU have to act. Most of the time we don’t even know who got a check. So it’s up to you to protect your having that money available to you. We may not be able to help you if you wait... UNCASHED CHECKS CONT...
We recommend if you know who the third party administrator is that you contact them RIGHT NOW if your check is more than six months old. But you can also call us if you have the check, or even lost the check, and have any information you can provide us.
Do you think this applies to you? Act now! The intent of California law regarding employees and consumers is to protect them in their work and daily activities.
At the Law Offices of Thomas Falvey our attorneys are here to fight for those rights. If you think you have been taken advantage of, either as an employee or in your everyday life, please give us a call. We've had this situation and may have it in a new case. Are you required when driving a company vehicle to have to stay with that vehicle, even though you’re supposed to be off the clock, like on a meal break? If so you may be owed wages. We're also looking at this case. Employees have to drive a different long distance each week - for that week and drive to another location a distance away, and so on - but aren’t paid for the drive time. Does that sound like your job situation? You may be owed back wages. Call us. You’ve gone to banks where the tellers are allowed to sit. Do you work where you have to deal with customers, but are told you can’t sit - because the don’t do it that way? Is that causing back or other problems? Did your supervisor or employer tell you that you had to take your rest breaks before you started work, and then you worked 4 or more hours without another break? If so, you might be entitled to a rest break premium, which would be one hour’s pay.
We STRONGLY RECOMMEND that if you are sending back a claim form that you 1) ALWAYS keep a copy, and 2) ALWAYS send it certified mail, return receipt requested. And be sure to keep the copy of the claim form and the Return Receipt in a safe place.Have your vacations been shortened or denied - with no notice to you? Or have you been told that you lost your vacation because you didn’t take it? Maybe you’re still owed back pay for that time. Do you work as a nurse or caretaker and your employer doesn't hire enough employees to take care of patients? And then criticizes you for taking too much time with patients, when you're doing what you should do to help the patients' health issues? Does this prevent you from taking meal or rest breaks? Does your employer require you to work in a situation where your office is your home, and then doesn't pay you for driving from your home to see customers or accounts? You may be owed back wages and overtime. In one of our cases employees were required to fill out timesheets in advance. Are you required to do that? And as a result, you don't get paid for starting earlier or working later? We have been asked to investigate why employees were not paid for training in certain industries. Have you been denied pay for time your company has trained you, or continues to train you?
We STRONGLY RECOMMEND that if you are sending back a claim form that you 1) ALWAYS keep a copy, and 2) ALWAYS send it certified mail, return receipt requested. And be sure to keep the copy of the claim form and the Return Receipt in a safe place.Is your workplace SHORT-STAFFED? Has your employer cut back on staff with the same or bigger workload, or increased the work without increasing the staff - and demands that you get the work done? We have that in several cases. If that's forcing you to miss breaks, you may be owed back wages. ALWAYS keep a record of such missed breaks. You might also want to talk to us about that situation. Were you ever told to take your meal break BEFORE you started work, and then you worked an 8-hour day? You might be entitled to a meal period penalty. That would be one hour’s pay. Did the company you work for now, or any company you worked for in the past 4 years ever insert break times, either lunch breaks or rest breaks - that you didn’t take? That is not allowed. Do you have texts on your phones from your managers or supervisors, showing that you weren’t treated correctly, or weren’t paid all you were owed? Or that you had to stay after the end of your schedule - and not be paid? Were you ever REQUIRED to stay at your job site during your mail break? If so, you may be owed a meal break penalty, which is one hour’s pay. Is your employer telling you that you have to take a 10-minute break, but giving you so much work to do that you can’t take one? And then telling you that you have to say you took one?
Did you work for DUNN-EDWARDS in one of its stores in California in the past SIX YEARS? We filed a complaint against Dunn-Edwards, on the basis that we believe employees weren’t paid for all work done and for missed breaks. Dunn-Edwards refuses to provide ANY INFORMATION AT ALL. Call us! You can help! Final Approval Given in Hooper v United Road Services case July 10, 2017! Did you work Rite Aid at the Woodland Warehouse (just east of Sacramento? Or do you know someone who did in the past five years? If you so, would you please email us, or call us so we can talk to you? Thanks very much. Are you constantly receiving unwanted faxes (or, for that matter, texts or telephone calls)? Take a look at our filing in the case of Vu v ICare Financial, dealing with our class action for the unwanted transmission of faxes. Do you NOW, or have you - since January, 2013 - worked in a Rite Aid Warehouse? Maybe you're owed wages! Maybe you should give us a call! Did you or Do You work for KAG? You might have information to help us at our upcoming mediation! Please Contact us! New case filed against Korea Times, Inc. Did you work for that newspaper company in California in the past four years? If so, please read our webpage on this website and call us as soon as you can! Home Health Care Nurses! We filed a class action on your behalf against AccentCare! Have you - Did you - work in that capacity in California for that company since September, 2011? If so, please contact us - Check out our page on this website! Now we've sued a PIZZA company for unpaid wages. Did you ever work for La Pizza Loca in California since late 2012? Maybe you can help yourself, your fellow employees and us by calling us up or emailing us. If you worked there in the past four years, please do call or write us. Thanks. Dunn-Edwards sued for failing to pay for hours worked, overtime, failure to pay for missed meal and rest periods and for inaccurate earnings statements. What do your Earnings Statement (paystubs) say? Check out our webpage! Another Independent Contractor Lawsuit filed - this time on behalf of Newspaper Deliverers in California! Please visit our webpage for Daily News or Local Media Group for further details, ESPECIALLY if you worked for either of those companies in the past five years! New case filed against KENNEDY-WILSON, INC. in California on behalf of employees misclassified as exempt (i.e., not entitled to get paid overtime) in regard to unpaid wages penalties which may be due since July, 2012. Does this apply to you? Please let us know!Current Cases
Did you work as an ACCOUNTANT, OR IN THAT CAPACITY for KENNEDY-WILSON in California during the past four years? New Private Attorney General Act case filed against SEARS in California on behalf of Consultative Sales Associates in regard to penalties which may be due for unpaid wages. Does this apply to you? Please let us know! NEW Class Action filed for CVS pharmacists for unpaid wages relating to TRAINING MODULES. Did you do your training modules AT HOME? Were you told you couldn't do that, but you had to do it then anyway, because you were too busy at work? Please let us know if this applies to you. New case filed on behalf of drivers and helpers called “Independent Contractors” against Macy’s, Eletto and XPO Logistics - in Northern California. Have you ever driven or helped drivers in making deliveries for those companies in Northern California in the past four years?
Please call us for PICTURES or copies of SCHEDULES, delivery logs, uniforms, or paychecks of the warehouse from which you drove in delivering furnishings to help us with this case. New case filed on behalf of Restaurant Employees against TRUE FOOD KITCHEN. Have you ever been a server or waiter for that restaurnt in California in the past four years? If so, please contact us as soon as possible. New case filed on behalf of CAR HAULERS for unpaid wages and missed meal and rest breaks. Have you ever hauled cars for URS Midwest, Inc., also known as United Road Services, Inc. in the past four years? Please call us! PORTER RANCH - Do you live there? If so, we have filed a class action on behalf of the residents of that area for all the problems caused due to the leaking gas well in Aliso Canyon since the fall of 2015. Have you ben in contact with SOUTHERN CALIFORNIA GAS? If you have any questions, comments or suggestions, we’d be glad to hear from you. Private Attorney General Action ("PAGA") filed against KAG for unpaid wages involving employees who worked in California as warehouse workers during the past year.
If you have performed such work for KAG at any location in California as a warehouseman, please contact us. Approval was given by the Court of our class action against Daily Press on November 15, 2018. Did you work for Daily Press in California in the past several years? Are you a member of the Class? If you haven't heard from someone on this case, you need to act now. Clark v Quest Diagnostics - Motion For Class Certification Set to be Heard March 4, 2019. We know a lot of you have been wondering what’s been happening on this case. Do you have any information that you think could help us in our case? If so, would you please help yourself and this case and others, and send any earnings statements, schedules, timesheets - whatever you have - by either mailing copies to our law office or emailing us at Tom@falveylaw.com? Thanks very much. See more on this website under "Quest Diagnostics". Tapestry Class Action Filed August 31, 2018. Our office joined with Boyamian Law in filing a Class Action against Tapestry, Inc. (hereafter, “Defendant”) for work done at Tapestry locations in California for various matters relating to unpaid wages arising out of the plaintiff's employment. The case is on behalf of Sales Employees who worked at Kate Spade, Coach and/or Stuart Weitzman retail store locations in California since August, 2014. You can help. Call or email us us, and send us the names and telephone numbers and contact information of people with whom you worked there and/or send us copies of your work schedules and earnings statements going back to August, 2014. See more on this webpage under "Tapestry". Rose Hills Company and SCI - New Case Filed! Our Office joined with the firm of Bradley/Grombacher and filed a class-action lawsuit against Rose Hills Company, and Service Corporation International (SCI). This case is on behalf of all Family Service Counselors and those who performed like services for Rose Hills and SCI in the State of California, at any time since February, 2015. Do you or did you work there? If so, please contact us. See more on this website under "Rose Hills"! GREAT NEWS!
The Court of Appeal upheld our position in the Humes & Abella v First Student Class Action! See more on the First Student webpage. You’ve heard that Sears filed for bankruptcy, right? What about people who worked in California and may be owed wages that Sears didn’t pay for whatever reason?
What if you could help a Sears employee in California collect unpaid wages? You’d want to do that, right?
We need witnesses, if our case gets to trial. Tell your friends who work or worked at Sears in California to contact us. They might still get paid back wages. They need your help. Final Approval Granted in Class Action against KAG. See KAG webpage for details!
(Recently Added Cases)
Some people have been getting SPAM email, pretending to be from our office, informing them that they have to appear in court. Those notices are false. We apologize if this has happened to you.
One area of interest relates to employers who spread the ‘workweek’ over two calendar weeks. If your employer does that, you may be owed overtime.
Another area of interest relates to truck drivers who are not compensated for pre-trip, post-trip or ‘dead-head’ time. If your employer runs its business that way, you might be owed back wages.
Yet another illegal practice we are looking at relates to ‘reduced wages’ You know that you’re entitled to a minimum wage or perhaps a minimum living wage, but your employer is short-changing you, perhaps by only $.50 an hour. But that’s $4.00 a day, $20 a week, $1,000 in a year, and (because one can go back four years for unpaid wages) a potential $4,000 owed, plus interest.
Unpaid Wages and Overtime
Do you think you've suffered because an employer violated the law concerning your wages or hours? That usually happens one of two ways: Either you've been misclassified as "exempt," which means the employer will say you're not entitled to overtime. Or, You won't be paid time you're entitled to, such as hours not showing up on your time card, or not credited for work done. Or maybe your pay stubs are missing those hours, and unpaid overtime as well.
Misclassification depends on a lot of factors. It may also depend on the state in which you work. One crucial question to ask: "Are other people doing the same work getting paid overtime, while I'm denied it, based on my job title?" If the answer is "Yes," you may be entitled to overtime, no matter what your title.
Another very important factor, again depending on the state in which you work, deals with meal and rest breaks. If you are entitled to them, and you're missing them because "the work demands it," maybe the law demands that you get paid for those missed breaks.
By now you may have a gut feeling that you and maybe a lot of your co-workers are missing out on being paid a full and complete wage. Maybe this has gone on for weeks or months or even years.
Help yourself out! Give us the details that you think support your claim for any of those areas. If you haven’t done this already, start keeping track of your hours and days worked now! No, not just your schedule! The actual time you worked. And if travel or waiting time is required, start keeping track of that as well! No matter what, save those schedules, time cards, and pay stubs!
If you think this may apply, please contact us. Maybe we can help. And if we can't help you, maybe you've got a son or daughter, maybe a friend, maybe a neighbor who could use this help. Maybe you could let them know about this information.
Discrimination and Harassment
Maybe your problem–or that of a friend or relative–has to do with discrimination or harassment. Oftentimes, both can take place in one's employment. Someone can be harassed and discriminated against at work at the same time.
But maybe no one is harassing you directly. It may be that you’re being discriminated against simply because of your race, your religion or your gender. Or perhaps because of your age, or your nationality. Or maybe you’re being discriminated against because you have a medical condition, or a disability.
On the other hand, maybe one or more co-workers, or a supervisor, manager or lead, are harassing you. While harassment charges are most often of a sexual harassment nature, harassment can also arise because of race, religion, age and so on. Normally, the fact that the boss is a jerk now and then doesn't constitute harassment. But if someone is calling you racial names, or sexually derogatory names, or making fun of your religion, your age and so on, such harassment should not be tolerated in the workplace.
Whether it’s discrimination or harassment, conduct based on those reasons is illegal and should be stopped.
Maybe, worst of all, you’ve been fired because of discrimination. Or maybe you reported the harassment and were fired. In either case, we again ask you to contact us."
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