Srourian Law Firm Leads The Way In Negotiating $3 Million Settlement On Behalf of National Group of ATM Technicians

Srourian Law Firm is happy to report it successfully negotiated a $3 million settlement on behalf of a national group of ATM technicians claiming, among other violations, unpaid on-call time.

SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
Class Members who stand to recover from this action will be notified of their share of settlement upon approval of the settlement with the Court.

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Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against California ATM repair companies in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with an ATM repair company, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


California Courts Continue To Alter The Independent Contractor Landscape

On April 30, 2018, the California Supreme Court issued a unanimous ruling
in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Dynamex). Dynamex
defined a three part “ABC test”, simplifying the Court-established independent contractor test in
SG Borello & Sons v. Department of Industrial Rel. (Borello) (1989).

Dynamex was the result of defendant company converting all of its California drivers to
independent contractors as a cost savings measure in 2004. Classifying workers as independent
contractors removes an employer’s obligation to comply with minimum wage and overtime laws
while also shifting the risk of doing business onto the worker. The Court in Dynamex embraced
the general perspective that misclassifying workers as independent contractors is harmful and
unfair to workers and the public as a whole.

Taking from the Borello test, the Dynamex court shifted the burden to the employer and defined
three requirements to satisfy in order to prove an employee is properly classified as an
independent contractor: (A) the worker is free from the control and direction of the hiring entity
in connection with the performance of the work; (B) the worker performs work that is outside the
usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an
independently established trade, occupation, or business of the same nature as the work
performed. An employer must satisfy all three requirements before an employee would need to
rebut an employer’s classification.

These defined requirements address a common issue in recent hiring trends and the “gig
economy” (i.e. app related, per project hiring). Companies will have a more difficult time
unfairly forcing an individual worker to bear the burden of being their own business while the
companies continue to maintain their right to set pay and control work parameters.

A new decision on October 22, 2018, Garcia v. Border Transportation Group, LLC (Garcia),
analyzed the California Supreme Court’s decision in Dynamex. The Garcia held that a plaintiff’s
wage order related claims (i.e. unpaid wages, failure to pay minimum wage, failure to provide
meal and rest periods, etc.) are governed by the “suffer or permit to work” standard set forth in
Dynamex. Plaintiff’s remaining claims for overtime, wrongful termination and waiting time
penalties under Labor Code section 203, are not covered by the wage orders, and therefore are
subject to the Borello test, citing that Dynamex did not actually overturn Borello.

Overall, the independent contractor classification continues to be refined in the current “gig
economy” employment environment. If you or someone you know is misclassified or believe to
be misclassified as an independent contractor, contact Srourian Law Firm to speak with an
attorney about your rights.


Srourian Law Firm Files Class Action Lawsuit Against Chefs Toys For Violation Of California Labor Code And Related Claims

Srourian Law Firm has filed a putative class action on behalf of former and current non-exempt workers of Chefs Toys in Orange County Superior Court. The lawsuit includes drivers, installers, and warehouse workers, along with other similar non-managerial positions. The lawsuit alleges that Chefs Toys violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to pay overtime, failure to authorize meal breaks and rest breaks in accordance with California law, failure to timely pay final paychecks, failure to provide proper paystubs, and violation of California Private Attorney General Act, among several other violations.

SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit, titled Guerrero v. Chefs Toys is currently pending in Orange County Superior Court Case No. 30-2018-00980488-CU-OE-CXC. If you worked for any Chefs Toys location in California at any time from March 20, 2014, until the present and would like more information about this case, please call us at (310) 601-3131 or send an email to contact@slfla.com. Be sure to give your name, telephone number, and the best time to reach you, and an attorney will get back to you soon.

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Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against Chefs Toys, and other California restaurant suppliers in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a restaurant supplier, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


Srourian Law Firm Files Class Action Lawsuit Against Ruth's Chris Restaurant

Srourian Law Firm has filed a class action lawsuit on behalf of former and current workers of Ruth's Chris Steak House workers. The lawsuit includes both front of house and back of house workers, including waiters, hosts, barbacks, runners, and kitchen staff for all restaurant locations in the State of California. The lawsuit alleges that Ruth's Chris violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to pay overtime, failure to authorize meal breaks, failure to authorize rest breaks, failure to timely pay final paychecks, failure to provide proper paystubs, and violation of California Private Attorney General Act, among several other violations.

The lawsuit further alleges unlawful restaurant policies of denying and discouraging breaks based on providing team meals to be eaten quickly, lack of adequate resting facilities, and a requirement to keep inaccurate records of meals breaks. The lawsuit further alleges the requirement for workers to take on-duty meal breaks in violation of California leave.

SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT

The class action lawsuit, titled Adrian Quiroz v. Ruth's Chris Hospitality Group, Inc., is currently pending in Riverside Superior Court Case No. RIC1804127. If you worked for any Ruth's Chris location in California at any time from February 26, 2014, until the present and would like more information about this case, please call us at (310) 601-3131 or send an email to contact@slfla.com. Be sure to give your name, telephone number, and the best time to reach you, and an attorney will get back to you soon.

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Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against MedMen, and other California cannabis dispensaries in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a cannabis dispensary, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


Srourian Law Firm Files Class Action Lawsuit Against Ruth's Chris For Violations Of California Labor Code And Related Claims

Srourian Law Firm has filed a putative class action on behalf of former and current non-exempt workers of Ruth's Chris Steakhouse in Riverside County Superior Court. The lawsuit includes both front of house and back of house workers, including waiters, runners, bussers, cooks, bartenders, barbacks, and any other similar non-managerial position. The lawsuit alleges that Ruth's Chris violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to pay overtime, failure to authorize meal breaks and rest breaks in accordance with California law, failure to timely pay final paychecks, failure to provide proper paystubs, and violation of California Private Attorney General Act, among several other violations.

SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit, titled Guerrero v. Ruth's Hospitality Group, Inc. is currently pending in Riverside Superior Court Case No. RIC1804127. If you worked for any Ruth's Chris location in California at any time from February 26, 2014, until the present and would like more information about this case, please call us at (310) 601-3131 or send an email to contact@slfla.com. Be sure to give your name, telephone number, and the best time to reach you, and an attorney will get back to you soon.

FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against MedMen, and other California restaurants in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a restaurant, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


Harvey Weinstein Allegations Open Door For Lawsuits By Former Weinstein Employees For Hostile Work Environment/Sexual Harassment under California Fair Employment And Housing Act

Shocking allegations rocked the industry last week as allegations surfaced about famed Hollywood producer Harvey Weintstein's treatment of women, including unwanted sexual touching and advances. The news keeps getting worse for Weinstein, now terminated from his company The Weinstein Company, as more and more voices have began to surface corroborating the dirtiest secret in town: that sexual harassment, and a hostile sexually-charged work environment, was the status quo for employees of Weinstein.

Quid pro quo sexual harassment is the type of harassment people are most familiar with. “Quid pro quo” is Latin for “this for that”. This form of sexual harassment involves a supervisor conditioning employee benefits, such as promotions, benefits or continuation of employment itself, on the employee’s acceptance of the supervisor’s harassing conduct, e.g., sexual advances.

There is probably not a more blatant form of employer exploitation of his superior position over a subordinate and the law is correspondingly harsh toward this type of harassment. Under California law, the employer is strictly liable for the sexual harassment of the supervisor and has no special legal defenses available to it. A successful plaintiff can recover lost wages and compensation of other economic losses, emotional distress damages, interest and attorney fees, and in cases where the employer’s officers, directors or managing agents knew of the harassment, punitive damages intended to punish or deter the employer.

Hostile work environment sexual harassment (HWE) consists of harassing conduct that is so severe or pervasive that it creates a hostile work environment for employees. Supervisors, co-workers, even subordinates can engage in conduct that gives rise to HWE. Harassing conduct includes slurs, taunts, intimidation, ridicule, groping, grabbing, etc.

Notice the requirement is not severe AND pervasive, but severe OR pervasive, meaning that a single instance of harassing conduct could create a hostile work environment if it is severe enough. Alternatively, a campaign of multiple acts of subtle harassment could collectively create a hostile work environment if it is pervasive enough.

The employee does not have to be the direct target of the harassing conduct in order to file a claim. For instance, a woman who witnesses her female co-workers being groped and propositioned can bring a claim for hostile work environment sexual harassment.

Recently, the California Supreme Court held that employer actions, such as termination, demotion, etc., could also constitute hostile work environment harassing conduct. See Roby v. McKesson HBOC (2009) 146 Cal.App.4th 63.

To read more about the Weinstein allegations, click here.

Srourian Law Firm actively represents employees who are the victims of unwanted sexual advances and proposittions from their bosses, supervisors, and co-workers. If you or someone you know was a target of sexual harassment during their employment with The Weinstein Company, give Srourian Law Firm a call for a free consultation.


California Court Of Appeals Finds Employee Was Properly Awarded $30,000 In Attorney’s Fees On $300 Unpaid Wage Claim

In a notable case titled Beck v. Stratton, 9 Cal. App. 5th 483 (2017), the California Court Of Appeals affirmed an employee's $30,000.00 attorney’s fees award stemming from an approximate $300 claim for unpaid wages.

After conducting an administrative hearing, the labor commissioner awarded employee Stratton $303.50 plus an additional $5,757.46 in liquidated damages, interest and statutory penalties for a total award of $6,060.96, against employer Thomas Beck. Beck then filed an appeal in the Los Angeles Superior Court, which resulted in an award to employee Stratton in the amount of $6,778.85, exclusive of attorney’s fees and costs. The trial court subsequently awarded Stratton $31,365 in attorney’s fees. In this appeal, Beck asserted that the attorney’s fees motion was unreasonably high (and also timely). The Court of Appeal affirmed the judgment in favor of the employee Stratton. The Court rejected employer's argument that the attorney's fees award was unjust and grossly disproportionate to the disputed wage claim in the case of approximately $300.00.

To read the full opinion, click here.


Srourian Law Firm Files Class Action Lawsuit Against National Tractor Service, Inc. For Violation Of California Labor Code And Related Claims

Srourian Law Firm has filed a putative class action on behalf of former and current laborers and operators of National Tractor Service, Inc. in Los Angeles Superior Court. The lawsuit alleges that National Tractor Service, Inc. violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to compensate for "on-call" time, failure to pay overtime, failure to provide meal breaks and rest breaks, and violation of California Private Attorney General Act, among several other violations.

SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit was filed by Lenard Valadez, a former laborer and operator for National Tractor Service, Inc. in Baldwin Park, California. Valadez alleges the company did not follow California law in paying its employees and providing accurate paystubs. The lawsuit alleges the facility was not properly staffed to allow for employees to take meal and rest breaks.

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Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against National Tractor Service, Inc. and other California construction companies in Los Angeles, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a dialysis center, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


Srourian Law Firm Files Class Action Lawsuit Against Los Alamitos Hemodialysis Center For Violation Of California Labor Code And Related Claims

Srourian Law Firm has filed a putative class action on behalf of former and current employees of Los Alamitos Hemodialysis Center in Los Angeles Superior Court. The lawsuit alleges that Los Alamitos Hemodialysis Center violated various provisions of the California Labor Code, including failure to pay minimum wage, failure to compensate for "on-call" time, failure to pay overtime, failure to provide meal breaks and rest breaks, and violation of California Private Attorney General Act, among several other violations.

SROURIAN LAW FIRM’S CLASS ACTION LAWSUIT
The class action lawsuit was filed by Pamela Labutong, a former nurse technician for Los Alamitos Hemodialysis Center in the City of Los Alamitos, California. Labtuong alleges the facility did not follow California law in paying its employees and providing accurate paystubs. The lawsuit alleges the facility was not properly staffed to allow for employees to take meal and rest breaks.

FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is aggressively pursuing claims against Los Alamitos Hemodialysis Center and other California dialysis centers in Los Angeles, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra. If you or someone you know suffered violations of the California Labor Code in relation to their employment with a dialysis center, you may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.


Ninth Circuit Holds Mortgage Underwriters Are Entitled To Overtime Compensation Under Federal Labor Standards Act

The Federal Court of Appeals for the Ninth Circuit issued a published decision on July 5, 2017, stating that mortgage underwriters at Provident Savings Bank don’t qualify for overtime administrative employee exemptions under the Fair Labor Standards Act (FLSA), and are thus entitled to receive overtime pay.

The case is McKeen-Chaplin v. Provident Savings Bank, 2017 S.O.S. 15-16758, D.C. No. 2:12-cv-03035-GEB-AC.

The Court reasoned that since the underwriters’ job duties, such as reviewing loan applications using guidelines established by the bank/investors — don’t relate to the bank’s management or general business operations, they don’t meet the administrative employee overtime pay exemption under the FLSA. The Court reasoned that the underwriters’ duties go to the heart of Provident’s marketplace offerings, not to the internal administration of Provident’s business, the panel said.

“Thus, we conclude that where a bank sells mortgage loans and resells the funded loans on the secondary market as a primary font of business, mortgage underwriters who implement guidelines designed by corporate management, and who must ask permission when deviating from protocol, are most accurately considered employees responsible for production, not administrators who manage, guide, and administer the business,” the panel said.

The decision reversed the district court’s grant of summary judgment and remanded the case with instruction to find in favor of the mortgage underwriters.

If you or someone you know is a mortgage underwriter that is regularly required to work more than 8 hours per day or 40 hours per week without getting paid the overtime rate, or required to work without receiving uninterrupted thirty-minute meal breaks or ten-minute rest breaks, contact Srourian Law Firm for a free consultation to discuss claims you may have.