Thursday
May172012

Godinez v. Tommy Bahama

On May 10, 2012 the employment attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against Tommy Bahama for alleged wage and hour violations. Godinez vs. Tommy Bahama R&R Holdings, Inc., Case No. CGC-12-520713 is currently pending in the San Francisco County Superior Court.

According to the class action complaint filed against Tommy Bahama, the  store routinely detained the Plaintiff and other Class Members inside Tommy Bahama after their shifts were over so other employees of Tommy Bahama could search them for company merchandise.  The suit alleges that these delays resulted in substantial unpaid labor every day for hundreds of Tommy Bahama employees in California and “has resulted in a systematic underpayment of overtime compensation" to the employees.  As a result of Tommy Bahama’s failure to pay for all hours worked by these employees, including their time spent waiting for and submitting to the loss prevention inspections, the wage statements issued to Plaintiff and California Class Members were inaccurate and in violation of California Labor Code Section 226(a).

The founding and managing partner of Blumenthal, Nordrehaug & Bhomwik, Norman Blumenthal stated, “Loss prevention inspections are conducted by retailers to stop employee theft.  But, as a result of the substantial delays caused by these bag checks, the employees’ wages are the only thing being stolen by these retailers.”

For more information about the class action lawsuit against Tommy Bahama call (866) 771-7099.

Blumenthal, Nordrehaug & Bhowmik is a California employment law firm that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act.

Jon Zacharias on Google+

Thursday
May172012

Wheat v Jeromes Furntire

Class action complaint filed against Jerome's Furniture for allegedly violating California labor laws with respect to paying employees the proper amount of regular and overtime compensation. 

Jon Zacharias on Google+

Thursday
May172012

Olivares v. Compass Group

Class action lawsuit filed alleging overtime pay and wage and hour violations on behalf of sous chefs. 

Thursday
May172012

Ohayon v. Hertz

Thursday
May172012

Water Fluoride Litigation

New documents filed in lawsuit seeking to stop the Metropolitan Water District from adding non-FDA approved drugs to public drinking water:

Water District's Motion to Dismiss 

Corrected notice of motion to dismiss

Request for judicial notice in support of def motion to dismiss

 Order Setting Briefing Schedule

Request for Notice re motion to dismiss

 

Wednesday
May162012

Pratt v Verizon 

Monday
May142012

Henshaw v. Home Depot

Monday
May142012

Brueske v. Welk Resorts

Thursday
May102012

Rainey v. Medimmune Biologics

Medimmune Biologics, Inc. Hit with Drug Sales Representative Wage & Hour Overtime Class Action Lawsuit Filed by the California Employment Attorneys at Blumenthal, Nordrehaug & Bhowmik

On May 9, 2012 the employment law attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against drug company Medimmune Biologics, Inc. on behalf drug sales representatives for alleged overtime wage and hour violations. The overtime complaint against the drug company was filed in San Diego County Superior Court and is entitled Rainey v. Medimmune Biologics, Inc., Case No. 37-2012-00096972-CU-OE-CTL.

According to the wage and hour class action complaint filed against the drug company, Medimmune Biologics violated California overtime laws by failing to pay drug sales representatives for overtime hours worked. Under California law, companies are required to pay all non-exempt employees overtime compensation whenever the employees work more than eight hours in a day or forty hours in a week. The primary requirement to satisfy the outside salesperson exemption and thus not pay overtime under California law and the Fair Labor Standards Act is that the sales representatives are actually making sales. In the Medimmune Biologics overtime class action lawsuit, the drug sales representatives allege that they were not actually involved in making sales but rather promoting prescription drugs to physicians, doctors and other specialists. At most, the physicians the sales representatives promote the drugs to can agree to prescribe the medicine to patients as needed, but cannot actually buy the prescription medicine from the sales representatives directly.

When asked about the filing of the Complaint, managing partner of Blumenthal, Nordrehaug & Bhowmik, Norman Blumenthal, stated, Medimmune Biologics and other drug companies involved in this illegal practice of failing to pay their ‘sales’ representatives overtime wages needs to be stopped now.”

The drug sales representative overtime class action suit is one of many that has been recently filed against pharmaceutical and other drug companies. The California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik are also representing drug sales representatives in overtime class action suits against Novo Nordisk (Brown v. Novo Nordisk Inc., Case No. 34-2011-00103639 in the Eastern District of California); Merck (Frudakis v. Merck, Case No. SACV11-00146 in the Central District of California); and Schering-Plough (Valadez v. Schering-Plough, Case No. 10-CV-2595 in the Southern District of California). The class action lawsuits all allege that the pharmaceutical sales representatives should be paid overtime compensation for working more than eight hour days under the California Labor Code and/or forty hour weeks under the Fair Labor Standards Act based on the contention that the drug sales representatives do not qualify for the outside salesperson exemption because they are not actually making sales.

 

 

Thursday
May102012

Rieve v Coventry Healthcare 

Rieve v. Coventry Healthcare is a class action lawsuit on behalf of case managers who allege that they were misclassified as exempt vs. non-exempt employees and on this basis were unlawfully denied overtime pay for all hours worked in excess of eight in a day or forty in a week. 

Memo for Class Action Certification

Court Order on Motion for Summary Judgment