Trush Law Office
Trush Law Office
2900 Bristol Street
Suite B204
Costa Mesa, CA 92626
Phone: 714.384.6390
Fax: 714.384.6391
email: info@trushlaw.com
Long Beach Class Action Employment Attorney Jim Trush
Welcome to The Trush Law Office, a full-
If you and your co-
Please call (714) 384-
Employment Law Class Action Representation in Long Beach
Under California Law, several requirements must be met prior to a judge certifying a case as a class action. These requirements are as follows:
There must be numerous claims with similar facts such that it wouldn’t be practical to bring each claim independently.
All of the claims must share common legal issues such that filing each claim separately would be an inefficient use of the court’s time.
Those plaintiffs who are named in the lawsuit must adequately represent the claims of the entire class of individuals, and must act in the best interests of the class as a whole.
The claims of the named plaintiffs must be typical of the entire class.
Once this burden is met, the Court will classify the matter as a Class Action Claim.
Long Beach Employment Class Action Lawyer Jim Trush is a highly skilled negotiator and litigator, and has been a zealous proponent of employees’ rights for more than 30 years. Mr. Trush’s experience in this area has yielded successful results for the vast majority of his clients.
Types of Employment Law Class Action Cases that we handle in Long Beach
Long Beach Employment Law Class Action Attorney Jim Trush represents plaintiff employees in a wide variety of claims against their employers, including those based on the following:
Employee Misclassification – Misclassification of employees as independent contractors or exempt (those who earn a salary as opposed to those who earn an hourly wage) is commonplace. There are numerous reasons why an employer might improperly classify an employee.
Those who are classified as independent contractors don’t have the right to obtain those benefits that may be offered to employees, such as health benefits, vacation pay, sick pay, inclusion in employee stock option plans and 401k plans, and merit bonuses & raises. Additionally, employers are not required to pay for workers compensation insurance on behalf of independent contractors, leaving these workers vulnerable should they suffer a work injury. Employers can also avoid the payment of payroll taxes and withholding Medicare and Social Security taxes.
The primary test for an independent contractor focuses on the individual’s right to exercise control over the projects they are willing to take on, as well as how they carry out their work and who sets their hours. If a worker lacks the ability to turn down projects and the employer maintains the right to determine the manner in which the work is carried out, it is highly likely that the worker has been misclassified as an independent contractor.
With respect to those classified as exempt, or salaried employees, misclassification commonly takes place as a means to avoid the payment of overtime. Exempt employees are generally those who work in managerial, creative or intellectually based positions wherein they are expected to exercise independent judgment in carrying out their duties.
Meal and Rest Break Violations – Under the Law, employers are required to allow employees to take meal and rest breaks based upon the number of hours worked in a single shift. Failure to do so may result in damages that are typically equal to an hour of pay per violation.
Employers are forbidden from discouraging employees from taking meal and rest breaks or requiring employees to work during their breaks. Additionally, all hours that wage earning employees are required to work while off the clock are entitled to overtime.
Wage and Overtime Violations – California’s Labor Code sets forth the state’s wage and overtime requirements. Employees may bring actions against their current or former employers for failure to comply with these requirements.
Long Beach Employment Law Class Action Lawyer Jim Trush provides skilled representation to clients who have a wide variety of complaints against their employers, including actions for failing to comply with minimum wage laws, failure to remit payment to employees in a timely manner, failing to pay overtime in a timely manner, failure to pay overtime in accordance with California Law, withholding commissions, and improper payroll deductions.
Additionally, the Labor Code requires employers to give their employees who have quit, been laid off or terminated their final paycheck within the time period set forth in the Labor Code based on how the employment was discontinued.
Unreimbursed Business Expenses – If an employee incurs expenses pertaining to the scope of their employment, employers are required to reimburse them in a timely manner consistent with the law. This includes reimbursement for travel expenses pertaining to work, monies for mandatory equipment necessary to perform their job duties, licensing fees, lodging, and all car maintenance and fuel.
If your employer has violated your rights, Long Beach Class Action Employment Lawyer Jim Trush can help you fight back! Let us put our 33 years of experience to work for you and your colleagues.
Contact a Knowledgeable Long Beach Employment Class Action Attorney
Whether your employer has violated your rights by refusing to reimburse you for all job-
Please complete our case evaluation form or call (714) 384-
Conveniently located near Long Beach, we have been serving clients throughout Southern California for more than 30 years and know how to obtain results!
Call the Long Beach Employment Attorney Jim Trush for immediate legal assistance
at 714-