Plaintiff Robert Rodriguez brought a putative class action against AT&T Mobility Services, LLC, on behalf of himself and all other similarly situated retail sales managers of AT&T wireless stores in Los Angeles and Ventura counties. Rodriguez asserted various claims under California law related to alleged unpaid wages, overtime compensation, and damages for statutory violations. Rodriguez filed his original complaint in Los Angeles County Superior Court and AT&T removed the case to federal court under 28 U.S.C. § 1332(d)(2) (the federal Class Action Fairness Act).Continue Reading The Ninth Circuit Holds that Lead Plaintiffs in a Putative Class Action Don’t Get to Plead Their Way Out of Federal Court
Ramona Carrillo
FAMILY SUMMER TRAVEL SEASON IS WINDING DOWN; TIME TO GET OUT YOUR WEINTRAUB TOBIN PASSPORT
By Ramona Carrillo on
Posted in Labor Law
With the family summer travel season winding down, it is time to get out your Weintraub Tobin Passport for this fall’s amazing schedule of free legal seminars! There is still time to complete your passport before the end of the year. At the end of your long journey through this year’s employment law landscape, we…
Employer Wins: Independent Contractor Determination Is Binding On California Labor Commissioner
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
By: Lizbeth V. West
As many California employers are learning the hard way these days, the misclassification of workers as independent contractors rather than employees can have far reaching consequences when an employer is audited by different governmental agencies during either a random audit or an audit that is prompted in response to a claim…
Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
Under the Fair Labor Standards Act ("FLSA"), employers are generally required to pay overtime wages to employees who work longer than 40 hours per week. The FLSA provides several exceptions to this rule. Those "employed in a bona fide executive, administrative, or professional capacity[,] . . . or in the capacity of outside salesman," for example, are exempt from the statute’s minimum wage and maximum hour requirements. Whether mortgage loan officers (who typically assist prospective borrowers in identifying and then applying for various mortgage offerings) qualify for this "administrative exemption" has been the subject of some debate, even within the Department of Labor.Continue Reading Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet
Upcoming Seminar – Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
Summary of Program
The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain…