PREGNANT JACK IN THE BOX EMPLOYEE GETS FIRED, THEN GETS 1440 HOURS OF BACK PAY

LFECR FIGHTS FOR ANOTHER WIN —- THIS TIME TO WIN A SETTLEMENT & BACK PAY FOR CALIFORNIA MOTHER

The poorest workers in America are being stolen from the most,” says Saru Jayaraman, co-founder and co-director of the Restaurant Opportunities Center United. Paula Lopez, a pregnant, low-wage fast food worker at a California Jack In The Box recently had her wages stolen and her job taken.

Wage theft and Family and Medical Leave Act (FMLA) violations are rampant in the restaurant industry. Although all types of wage and hour violations and wrongful termination happen 1000’s of times a year, most violations go unpunished. Not this time.

The Jack In The Box franchise is paying the equivalent of 1440 hours in back pay to settle a matter involving long-time employee Paula Lopez who was allegedly a victim of wage theft and then fired when she was 5-months pregnant. Unlike the many California fast food workers that are unwitting victims of wage theft, Paula knew something was wrong. She decided to learn more about her rights and ask for help. Paula called Lawyers For Employee And Consumer Rights for a free case review.

5 MONTHS PREGNANT AND FIRED – HOW DOES THIS HAPPEN?

In her 5th month of pregnancy, Paula Lopez used a sick day to take a day off from work. The following day Paula was fired. Allegedly the Taco Bell franchise management staff where she worked knew that Paula was pregnant and knew that she was taking days off because she was pregnant. In most US workplaces, firing someone due to being pregnant is a violation.

According to the United States Department of Labor, The Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.

DENIED MEAL AND REST BREAKS? IT’S CALLED WAGE THEFT

In addition to being fired unfairly, Paula was also not granted all of her lunch breaks or rest breaks. When fast-food restaurants deny an employee a meal or rest breaks, they are literally stealing money from employees. It’s called wage theft.

Wage theft is when an employer does not pay or underpays employees for time worked. Wage theft can be any of the following:

  • Employers paying less than the minimum wage
  • Paying employees the tipped minimum wage for non-tipped
  • Refusing to provide overtime pay
  • Failing to give workers meal breaks
  • Failing to give workers rest breaks
  • Requiring employees to do off-the-clock work

Wage theft permeates the restaurant industry, from fast-food restaurants to fine dining establishments. According to a recent New York Times editorial, the Department of Labor’s wage and hour division reported almost “84 percent of full-service restaurants it investigated had violated labor standards.”

FAST FOOD EMPLOYEES GET FIRED UNFAIRLY AND HAVE NO IDEA THEY MAY BE OWED MONEY

Fast food restaurants, restaurants of all kinds, will continue to steal wages from employees for one simple reason. They can get away with it.

According to the Institute For Policy Research, “Wage theft is concentrated among low-wage workers, especially women, minorities, non-U.S. citizens, and nonunion workers. An estimated 16.9 percent of low-wage workers experienced a minimum wage violation in 2013. On average, these workers lost nearly a quarter of their income to wage theft, earning $5.92 an hour, on average, versus the $7.68 an hour they would have earned if paid their state’s minimum wage. Certain groups—women, minorities, non-U.S. citizens, and nonunion workers—are all more likely to suffer from wage theft, highlighting its unequal effects.”

1440 HOURS OF BACK PAY FOR BEING FIRED?

Yes! LFECR helps 1000’s of California employees fight for their rights. LFECR helps employees that have been treated unfairly and may be owed money. The only way we can do that is if employees take action to learn their rights. If you or someone you know has been a victim of denied meal/rest breaks, wrongful termination, workplace discrimination, workplace sexual harassment, or any number of employment matters, contact LFECR for a free case review or visit our Facebook page for more information.

Fast food restaurants, restaurants of all kinds, will continue to steal wages from employees for one simple reason. They can get away with it.

Don’t let that happen!

 

 

 

 

 

2018 CALIFORNIA EMPLOYEE RIGHTS WORKSHEET

 

 

 

 

 

 

 

HAVE YOU BEEN FIRED? HAVE YOU QUIT? ARE YOU OWED MONEY?Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, Instagram, Medium, LinkedIn, our blog and check out our YouTube videos! Have a great day!

CALIFORNIA MISCLASSIFIED EMPLOYEES – THE LIES EMPLOYERS TELL EMPLOYEES

If you work in California, then you  know that some (not all!) employers will do just about anything to save themselves money, and not pay employees what they are owed…

One thing that employers can do to employees is to misclassify them.

Some California workers do not receive minimum wages.

Some California workers do not get overtime pay.

Some California workers do not get pay for meals and breaks.

Whether it is on purpose, or accidentally, California employers can treat certain groups of employees as exempt from overtime pay. When they do this, the employer is not obligated to pay that group of employees overtime.

Think about that.

If your employer MISCLASSIFIED you as exempt from overtime, how much money would that cost you? How much money would that cost you every day? Every week? Every pay period? Every year?

Misclassification is workplace fraud, plain and simple,” said US Secretary of Labor Thomas Perez. “It hurts workers by denying them a fair day’s pay for a fair day’s work, and it also undermines the competitiveness of businesses that are playing by the rules. At the Labor Department, through vigilant and vigorous enforcement, we are cracking down on irresponsible employers who game the system and cheat their employees — and that’s what they are: not contractors, but employees.”

Thankfully, there are solutions. There is help out there!

HOW CAN THIS HAPPEN?

Because some California employers misclassify some workers as independent contractors instead of as employees. In fact, there are and have been a number of recent cases that address just this issue.

WHAT ARE SOME EXAMPLES OF EMPLOYEE MISCLASSIFICATION?

There are many. A good recent example happened right here in California. Sav-on Drug Stores both managers and assistant sales managers claimed they had been misclassified as exempt from overtime.

These managers performed all the duties an employee would — spent their time working just lie a regular employee would — yet were allegedly still denied overtime pay.

Sometimes misclassification occurs when an employer labels an employee an “Independent Contractor.” There are certain positions that are more likely to be misclassified. Take a look at some of positions that have possibly been wrongfully classified as an “Independent Contractor:”

  • INFORMATION TECHNOLOGY WORKERS
  • COMPUTER-RELATED WORKERS
  • TRANSPORTATION WORKERS
  • FAST-FOOD RESTAURANT MANAGERS
  • RETAIL STORE MANAGERS
  • NAIL SALON EMPLOYEES
  • MESSAGE PARLORS
  • TRUCK DRIVERS
  • DELIVERY DRIVERS
  • MESSENGERS
  • HAIR SALONS
  • BARBER SHOPS
  • VETERINARY CLINICS
  • DENTAL OFFICE WORKERS

QUESTIONS TO ASK YOURSELF…

If you answered yes to any of the following questions, then you may be owed money…

  • HAS YOUR EMPLOYER TOLD YOU THAT YOU ARE AN INDEPENDENT CONTRACTOR?
  • DO YOU BELIEVE THAT YOU ARE AN EMPLOYEE RATHER THAN AN INDEPENDENT CONTRACTOR?
  • DOES YOUR EMPLOYER DENY MEAL OR REST BREAKS OR REFUSE TO PAY OVER TIME BECAUSE IT CLAIMS YOU ARE AN INDEPENDENT CONTRACTOR?

HOW DO WORKERS KNOW WHETHER THEY HAVE BEEN MISCLASSIFIED AS INDEPENDENT CONTRACTORS?

The U.S. Department of Labor has published a worksheet that describes the factors that courts generally consider under the Fair Labor Standards Act when determining whether an employment relationship exists. These include:

  • THE EXTENT TO WHICH THE WORK PERFORMED IS AN INTEGRAL PART OF THE EMPLOYER’S BUSINESS;
  • WHETHER THE WORKER’S MANAGERIAL SKILLS AFFECT HIS OR HER OPPORTUNITY FOR PROFIT AND LOSS;
  • THE RELATIVE INVESTMENTS IN FACILITIES AND EQUIPMENT BY THE WORKER AND THE EMPLOYER;
  • THE WORKER’S SKILL AND INITIATIVE;
  • THE PERMANENCY OF THE WORKER’S RELATIONSHIP WITH THE EMPLOYER;
  • THE NATURE AND DEGREE OF CONTROL BY THE EMPLOYER.

CAN EMPLOYEES REALLY FIGHT BACK?

YES!

Read what the US department Of Labor had to say about two recent cases…

Two recent and very significant legal victories for California workers send a strong message to employers nationwide: if you misclassify your employees, you will face the consequences.

National Consolidated Couriers Inc., based in San Leandro but with clients across the country, has agreed to a court judgment requiring it to pay $5 million in back wages and damages to more than 600 drivers it misclassified as independent contractors, having cheated them out of minimum wage and overtime pay.”

In another major win for workers, a federal judge ruled that drivers for Mountain View-based Stanford Yellow Taxi Cab, Inc. were also misclassified. The court’s decision allows the department to continue with litigation forcing the company to pay nearly $3 million in back wages and damages to dozens of drivers.”

MOST CALIFORNIA EMPLOYEES DO NOT KNOW THEIR RIGHTS!

That’s the unfortunate reality. Most California employees think that just because they work in an “at-will” state that they have no rights. Nothing could be further from the truth. Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits!

Call 888-625-0959.

IM our Facebook page.

Follow us on Twitter, Instagram, Medium, LinkedIn, or our blog.

See our videos!

Have a great day!