Wage Law

We are currently investigating certain employment policies at National Beef in in Brawley (or other locations in California) in connection with a claim that could include a potential class action lawsuit. If you worked at a National Beef plant in California during the past four years, we would like to talk to you. All inquiries will be held in strictest confidence. If you are a current employee, we only want to speak to you if you are an hourly, non-management associate. If you are a former employee, we are interested in speaking to you whether you worked as plant worker, supervisor or even in the corporate office. Our investigation concerns wage and hour law issues, including meal periods, rest periods and down time. We welcome your inquiries or assistance whether or not you are interested participating in any pending litigation or pursuing a lawsuit on your own behalf.

We appreciate any assistance you may be able to offer. You can contact us at (714) 544-6609, or by email at [email protected].

Walsh & Walsh, P.C. represents California employees in claims involving all kinds of wage and hour violations, including failure to pay wages, misclassification or miscalculation of overtime pay, meal period and rest period violations, unpaid commissions, retroactive pay rate restructuring, unauthorized payroll deductions, compelled patronage, uniform violations, unreimbursed employee expenses and similar claims.

Due to some post-hearing briefing, the Brinker case is no longer considered submitted. The Supreme Court has posted this docket entry:

Pursuant to California Rules of Court, rule 8.520(f)(7) and this court's December 2, 2011, order, the parties' answers to the amicus curiae brief of the California Employment Law Council, addressing the grounds for prospectively applying portions of this court's eventual decision on the merits, are due Tuesday, January 3, 2012. Each party may file a simultaneous reply to the other party's answer within 10 days thereafter. Submission of the cause is vacated. (See Cal. Rules of Court, rule 8.524(h)(1) [submission runs from expiration of the time in which to file briefs, including supplemental briefs].) The cause will be resubmitted on January 13, 2012.

As a result, don't expect a decision until sometime next Spring. It could be as late as April 12, 2012.

Bridgeport is hosting its 8th annual wage & hour conference at the Biltmore Hotel in Los Angeles December 15-16. The conference has a good mix of plaintiff and defense counsel on its panels, and we've both attended and spoken at prior Bridgeport conferences and found them to be worthwhile. There's a lot of new information, particularly in the areas of arbitration and class action litigation, and its possible, though unlikely, that there will be a new Brinker decision for discussion by the time this conference comes around in two weeks. Here's what Bridgeport has to say about their program:

Brinker has been heard and the landscape of wage & hour litigation has changed in the aftermath of AT&T Mobility LLC v. Concepcion and Dukes v. Wal-Mart. Bridgeport’s Annual Wage & Hour program explores in-depth the critical aspects of Wage & Hour litigation with a focus on current practice. The two day program explores in detail the critical aspects of Wage & Hour litigation in both the single case and class action context. The well-balanced program offers the perspective of very experienced litigators. This two day program is chaired by Arthur Silbergeld of Dickstein Shapiro and Aashish Desai of Mower, Carreon & Desai.

For more information, check out their website here.