550 North Brand Blvd., Suite 1500
Glendale, California 91203
(818-547-5200)
(MAIN OFFICE)
301 North Lake Avenue, Suite 810
Pasadena, California 91101
(626-795-0205)

CALIFORNIA EMPLOYMENT AND CONSUMER LAW


Things to watch out for in your employment and every day activities as a consumer

  • 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?
  • 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 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.

Case Updates

  • Preliminary Approval Granted for ALL SIX class actions brought against CVS in California on behalf of Floater Pharmacists - see update!
  • NEW Class Action filed for CVS pharmacists for unpaid wages relating to TRAINING MODULES.  Does this apply to you?  Please let us know!
  • 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!
  • 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!
  • We filed a new lawsuit for unpaid wages and missed meal and rest breaks on behalf of a counselor who was supposedly paid hourly, but in fact paid only when he saw clients. Read the case of CAMPOS v. East Los Angeles Alcoholism Council if this happened to you.

    Call us if you are being told one thing about your pay and seeing another on your paystub, or if you are paid on an hourly basis and aren’t seeing anything about hours worked or an hourly wage.
  • Good News:

    Galindo v Weber Granted Final Approval for Warehousemen! If you are a member of this class, you should have gotten something in the mail about it in the past few weeks. Did you? If not read more or contact us!
  • Good News:

    CVS 7-day cases all receive final approval by the respective courts in which they were heard!
  • 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.
  • Court grants Final Approval of Settlement in cases of CONNELL, PAKSY, BYSTROM, UPPAL and SHAROBIEM V CVS relating to those pharmacists who worked shifts running 7 days in a row.
  • Court grants Final Approval of Settlement in case of GUTIERREZ and CORTES v DALEY FOODS.
  • Motion for Preliminary Approval of SHAROBIEM v CVS (Region 60) case granted. Notices to go out soon.
  • Case filed against KAG for unpaid wages involving employees who worked in California as warehouse workers.
  • Floater cases involving California CVS pharmacists’ motion for preliminary approval rescheduled to be heard soon.
  • Case against PACIFIC WINGS for employees working in Bakersfield, Burbank, Palmdale, Canyon Country and West Covina. Please contact us if you have worked there - even if PACIFIC WINGS got you to sign anything after you left.
  • Our case against POPCORNOPOLIS employees working in California continues. Were you driving over 100 miles from one week to the next? Were you paid for that time? Or your mileage?
  • 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?
  • 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?
  • RODRIGUEZ v LOYA INSURANCE - this case is no longer proceeding as a class action, but is now moving ahead with 8 individual plaintiffs.
  • In one of our cases employees were required to drive company cars, fully advertising the company, but not paid for the initial driving time to the first worksite. Does that describe your job?
  • 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’ve recently filed a class action against QUEST DIAGNOSTICS on behalf of Route Service Representatives for unpaid wages, missed meal and rest breaks, unpaid overtime, waiting time penalties and inaccurate earning statement penalties. Do you work for QUEST? Would you please give us a call?
  • 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.
  • Do you own a VW "Clean Diesel"? We recently filed a proposed nationwide class-action lawsuit against VOLKSWAGEN in regard to the recent revelations regarding actual emissions. This case is brought on behalf of individuals who purchased or leased “clean diesel” automobiles manufactured and sold by VOLKSWAGEN between 2009 and 2015. Click here for more information.(bugs added just to trigger your memory about VW.  No ladybugs were injured in the making of this webpage)
  • Did you or do you work for SAN GABRIEL TRANSIT, driving a taxi in Southern California? Were you told you had to pay for insurance? Did you ever get a copy of any Insurance Policy? Or were you told the name of the life insurance company? Were you told you earned income even when the meter wasn't running and you weren't driving? If so, please contact us.
Current Cases

Current Cases

(Recently Added Cases)

Former Cases


NOTICE:

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.


Cases we are investigating

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."

As you can understand, your use of the Law Office of Thomas Falvey web site does not create an attorney-client relationship between you and the Law Office of Thomas Falvey. We haven't signed a contract. We'd need more information. We also might not feel we could represent you for a number of reasons. Nor will your e-mail create an attorney-client relationship. But we will try to see if we might be of service.

Save

Save

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

The logos and trademarks used on this site are the property of their respective owners.

GLENDALE OFFICE: 550 North Brand Blvd., Suite 1500, Glendale, California 91203 | Phone: (818-547-5200)
PASADENA OFFICE: 301 North Lake Avenue, Suite 810, Pasadena, California 91101 | Phone:(626-795-0205)