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CASE RESULTS

LENSCRAFTERS CLASS ACTION

Meal & Rest Breaks/Overtime
$10,000,000 recovered for employees of Lenscrafters. California Employees of Lenscrafters retained The Spencer Law Firm to represent them in a class action against Lenscrafters alleging a statewide practice of failing to provide meal and rest breaks and pay overtime compensation to its California employees. The case was aggressively litigated and involved a successful motion to remand the case from Federal Court to State Court and a published opinion by the 9th Circuit Court of Appeals Babasa v. Lenscrafters (9th Cir. 2007) 498 F.3d 972. The case was settled for $10 Million dollars.

MAJOR RETAILER EMPLOYEE MISCLASSIFICATION

Unpaid Overtime/Misclassification
$1,700,000 recovered for employees of a major national retailer. The Spencer Law Firm was hired to represent 60 Area Sales Managers of a major national retailer who were mis-classified as overtime exempt and were denied overtime compensation. The case settled for $1.7 Million.

SBC DSL CLASS ACTION

False Advertising
$65,000,000 recovered for Pacific Bell/SBC DSL customers When Pacific Bell/SBC started offering DSL internet service in California it engaged is an aggressive advertising campaign regarding the speed of its internet connection. The Spencer Law Firm was retained by a consumer who did not receive the advertised internet speeds to prosecute a class action against Pacific Bell/SBC. The case was consolidated into the In Re SBC litigation. Attorney Jeffrey Spencer of the Spencer Law Firm was on the Steering Committee, and Settlement Committee and along with other members of the settlement committee successfully negotiated the $65,000,000 settlement on behalf of the AT&T customers.

GNC CLASS ACTION

Meal Rest Breaks/Overtime
$4,600,000 recovered for employees of GNC The Spencer Law Firm was retained by GNC employees to prosecute a class action against GNC to recover unpaid overtime compensation and meal and rest period compensation. The case was settled for $4.6 Million dollars with some class members receiving in excess of $15,000. As the result of the lawsuit GNC reclassified Store Managers and Senior Store Managers as non-exempt and entitled to overtime compensation.

REALNETWORKS CLASS ACTION

Internet Spying / Internet Privacy Violations
$20,000,000 recovered for customers of RealNetworks. A RealNetworks customer hired The Spencer Law Firm to file the first class action lawsuit in the nation against RealNetworks for secretly attaching spyware to its RealJukebox software and assigning a GUID (Globally Unique Identifier) to its customers which could be matched to the customers personal information. The plaintiffs contended the secret spyware recorded all of the customers usage history and secretly transmitted it back to RealNetworks. If the consumer were to use RealJukebox offline, as soon as the consumer went back on line the information would be transmitted to RealNetworks. The plaintiffs contended the GUID, permitted RealNetworks to match the usage history to the consumer and create a profile of the user. After extensive litigation The Spencer Law Firm negotiated a settlement worth $20 Million for the RealNetworks customers.

EZ LUBE CLASS ACTION

Meal & Rest Breaks/Overtime
$3,000,000 recovered for employees of EZ Lube Employees of EZ Lube employed in non-salary positions hired The Spencer Law Firm to represent them in a class action against EZ Lube to force it to allow them to take meal and rest breaks, pay meal and rest period compensation and to pay for off the clock work. The case was settled for $3 Million dollars.

NATIONAL RETAILER EMPLOYEE MISCLASSIFCATION

Unpaid Overtime/Misclassification
$324,976 recovered for employees of a major national retailer. The Spencer Law Firm was hired to represent 9 Area Sales Managers of a major national retailer who were mis-classified as overtime exempt and were denied overtime compensation. The case settled for $324,976.

STAMPS.COM CLASS ACTION

Unfair Business Practices
$14,000,000 recovered for customers of Stamps.com The Spencer Law Firm was hired by customers of Stamps.com to prosecute claims that they were not provided an effective means of closing their accounts and whose final bills were not pro-rated when they terminated the service. The case settled for $14 Million and caused Stamps.com to significantly modify its business practices to better protect its customers.

CLASS ACTION involving a major national bank

Meal and Rest Breaks and unpaid wages
$2,000,000. Hourly employees of a major national bank hired the Spencer Law Firm to represent them in a class action to recover unpaid meal and rest period compensation and unpaid wages. The case was extensively litigated over several years. After the Court granted a contested Motion for Class Certification the Spencer Law Firm negotiated a $2,000,000 settlement on behalf of the employees.

EVERGREEN ROYALE CLASS ACTION

Tenant Rights
$2,300,000. The Spencer Law Firm was hired by tenants of a residence motel to prosecute claims that it violated California Civil Code 1940.1 by requiring the tenants to leave by the 28th day of occupancy and return the next day in order to deprive the tenants of their rights as long term tenants. The Spencer Law Firm obtained a $2,300,000 settlement on behalf of the tenants.

HEALTH STORE RETAILER EMPLOYEE MISCLASSIFICATION

Unpaid Overtime/Meal & Rest Period Violations
$220,500 recovered for employees of a major national retailer. The Spencer Law Firm was hired to represent 9 Store Managers and Assistant Managers of a major national retailer of vitamins and health care products who were mis-classified as overtime exempt and were denied overtime compensation and meal and rest period compensation. The case settled for $220,500.

AUREATE CLASS ACTION

Internet Privacy
$2,000,000 judgment obtained for customers of Aureate Media Inc. Customers of Aureate Media Inc. hired the Spencer Law Firm to file a class action to stop Aureate Media's practice of secretly embedding spyware in its shareware programs that allowed it to track consumers’ internet usage without their authorization and to recover damages. The Spencer Law Firm successfully obtained a $2,000,000 judgment against Aureate Media Inc.

CLASS ACTION involving major retailer of health products

Meal and Rest Breaks 
$1,500,000 recovered for employees of a major retailer of health products. Employees hired the Spencer Law Firm to represent them in a class action to recover unpaid meal and rest period compensation. The case was extensively litigated over several years. The case settled for $1,500,000.

3M Class Action

Meal Breaks
$980,000 recovered for employees of 3M Hourly workers at 3M Company's Ontario Warehouse hired The Spencer Law Firm to recover unpaid meal and rest period compensation. The case alleged that 3M systematically required the employees to work more than 5 hours before they were provided meal periods. The case settled for $980,000 and 3M changed its meal period practices so that the employees received timely meal periods.

UNITED HEALTH GROUP CLASS ACTION

Identity Theft
$750,000 recovered for University of California Irvine (UCI) Students The Spencer Law Firm represented UCI graduate students in a class action against United Health Group Inc. the provider of their graduate student health insurance policies for damages arising out of the theft of their confidential information by an employee of United Health Group Inc. The case was settled for $750,000.

VERANO AT TALEGA CLASS ACTION

Construction Defect – Breach of Fiduciary Duty
The Spencer Law Firm has been retained by residents of the Verano at Talega development in San Clemente California to prosecute claims against developer Lennar Homes of California for construction defects including leaking copper pipes and soils issues and against the Verano at Talega Homeowners Association for breach of fiduciary duty arising out of its attempts to settle the homeowners claims without authority. This case is ongoing in the Orange County Superior Court Ramirez v. Lennar Homes of California et. al.,Orange County Superior Court Case No. 30-2013-00644699.

VITAMIN SHOPPE CLASS ACTION

Meal & Rest Breaks
$840,000 recovered for employees of Vitamin Shoppe Hourly employees of the Vitamin Shoppe in California hired the Spencer Law Firm to represent them in a class action to recover unpaid meal and rest period compensation. The case was extensively litigated over several years. The case settled for $840,000.

TALENT TREE CLASS ACTION

Unpaid Overtime/Meal & Rest Breaks
$500,000 recovered for employees of Talent Tree staffing company.

HATFIELD v. TUESDAY MORNING

Misclassification – unpaid overtime
$140,000 trial verdict. A single manager of retailer Tuesday Morning hired the Spencer Law Firm to represent her in a claim for unpaid overtime wages. The case was tried before Orange County Superior Court Judge Ronald L. Bauer. After a three week trial The Spencer Law Firm obtained a $140,975.86 trial verdict on behalf of the employee.

TARGET OPTICAL AND SEARS OPTICAL CLASS ACTION

Meal & Rest Breaks
$500,000 recovered for employees of Target Optical and Sears Optical.

Oil Field Injury

$2,700,000 recovered for an employee of an oil well servicing company. An oil field employee suffered severe injuries while pressure testing oil well tubes in Signal Hill, California. The case settled for a $2.7 Million recovery for the employee.

Automobile Accident

$500,000 recovered against an automobile manufacturer for damages caused by a defective seat back.

Illegal Employment Screening Reports

$395,000 recovered for individual employees who were the subjects of employment screening reports that did not comply with California law. The case settled in for $395,000.

$100,000 recovered for a single employee against an employment screening company who inaccurately reporting the plaintiff had a felony conviction.

Bicycle/Car Accident

$100,000 policy limits recovered for the plaintiff who suffered a broken leg after being struck by a car while riding her bicycle.

Credit Report Violations

$600,000 on behalf of individual renters against a national tenant screening company. The Spencer Law Firm was retained by individuals who who were the subjects of inaccurate tenant screening reports that improperly reported that they had previously been evicted, causing them to be denied rental opportunities. The case settled for $600,000.

Dog Bite

Confidential policy limits settlement recovered for the plaintiff who suffered lacerations to his leg after being bitten a dog while working in his yard.

Insurance Bad Faith / Broker Negligence

$750,000 recovered on behalf of plaintiffs against an insurance company and broker for insurance bad faith and broker negligence.

Cemetery Litigation

$400,000 confidential settlement against a cemetery in Los Angeles for mishandling of human remains and desecrating grave sites. The Spencer Law Firm has extensive experience litigating improper maintenance and improper handling of human remains cases against cemeteries and mortuaries over the past decade. Attorney Jeffrey Spencer had extensive involvement in the Paradise Memorial Park Cemetery Consolidated litigation. Most recently the Spencer Law Firm obtained a confidential $400,000 settlement for the family members and relatives of persons whose grave sites were desecrated by the owners and operators of a cemetery in Los Angeles, California.

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Unpaid Overtime - Orange County Lawyer

California Employment Law

California employment law (and federal) overtime laws clearly state that hourly employees who work more than 40 hours per week are entitled to overtime pay. Salaried workers may also be entitled to overtime pay if they worked off-the-clock hours to meet their employer’s needs, or have been misclassified as exempt from overtime. If you have worked overtime and been denied proper pay, you have a right to make a claim against your employer. Many employees are hesitant to complain about unpaid overtime for fear of retaliation. However, the California employment law is on your side. Employers who retaliate against employees for demanding their legally entitled overtime pay are subject to harsh penalties. If your co-workers are also being unfairly treated, you may qualify for additional compensation for being the initiator of a class action lawsuit. At the Spencer Law Group in San Clemente, our experienced Orange County lawyer can assist you in setting things right. We will aggressively protect your rights and help recover damages in addition to the overtime pay that you are entitled to.

Call the Spencer Law Group in San Clemente today for a free case evaluation on your unpaid overtime suit.

California Employment Law and Overtime Law

An employee’s right to overtime pay is governed by both federal law (the Fair Labor Standards Act), and California employment law. However, in general, California employment law is more favorable to employees than federal law and California employers must comply with whichever standard provides the most protection to employees. Specifically, California employment law requires the following:

  • Overtime compensation must be paid to non-exempt employees who work more than 8 hours during any workday, or more than 40 hours during any workweek.
  • For all hours worked in excess of 8 hours, up to and including 12 hours during a single workday, the employee must be paid 1 and ½ times his or her regular rate of pay.
  • For all hours worked in excess of 12 hours during a single work day, the employee must be paid double his or her regular rate of pay.
  • For the first 8 hours worked on the seventh consecutive day of work during a workweek, the employee must be paid 1 and ½ times his or her regular rate of pay.
  • For any hours worked in excess of 8 hours on the seventh consecutive day of work during a workweek, the employee must be paid double his or her regular rate of pay.

California overtime requirements do not apply to employees that are considered “exempt.” Some examples of exempt employees are:

  • executive, administrative, or professional employees under certain circumstances
  • some agricultural workers
  • student nurses
  • members of an employer’s family
  • certain retail employees receiving sales commissions
  • taxicab drivers
  • certain motor carrier drivers
  • independent contractors

Call the Spencer Law Group in San Clemente today for a free case evaluation on your unpaid overtime and other California Employment law suit.

Overtime Violations

Employers often attempt to avoid the expense of paying overtime to their employees. Some of the most common examples of this include the following:

  • misclassifying employees as exempt in order to avoid paying overtime
  • requesting employees to work off the clock
  • trading regular work hours for additional work time off the clock
  • using a fluctuating or expanding workweek (agreement under which the employee is to be paid a fixed salary per week and then required to work longer hours, effectively resulting in a lower regular rate of pay)

San Clemente, California Employment Law

Employees in San Clemente must be paid overtime rates when working more than 8 hours in a day or 40 hours in a week, with limited exceptions. This includes hourly and salaried employees. If you are a salaried employee being forced to work excessive hours or an hourly employee forced to work off the clock without any additional compensation, you need the help of an experienced Orange County lawyer. If you are being told that you are an independent contractor or that you are exempt from overtime laws, contact an unpaid Orange County lawyer as soon as possible. At the Spencer Law Group in San Clemente, our seasoned Orange County lawyer can determine whether you have been wrongfully denied overtime pay and help you recover the compensation you deserve. Call the Spencer Law Group in San Clemente today for a free case evaluation on your unpaid overtime and other California Employment law suit.