Jan 29, 2018Uncategorized
In a sweeping victory for a class conservatively estimated to be in excess of 14,000 farmworkers, on January 24, 2018 the District Court for the Eastern District of California in Fresno granted class certification for nine subclasses of workers who allege they were victims of wage theft committed by one of the country’s largest tree fruit growers, Fowler Packing Company, and related employer entities, located in the Central Valley. The workers, represented by lawyer teams from Bush Gottlieb and Martinez, Aguilasocho & Lynch (with offices in Bakersfield, California) alleged that they were not appropriately paid for rest and meal breaks, … Continue reading
Jan 13, 2018News
Bush Gottlieb has persuaded the United States District Court in San Diego to safeguard a public high school student athlete’s constitutional protest rights against a school’s attempt to prohibit him from kneeling during the playing of the National Anthem. The student, a Native American football and basketball player attending San Pasqual Valley High School in Winterhaven, California, wanted to kneel in protest of racial injustice. After the second football game in which the student kneeled, on the road in Mayer, Arizona, Mayer fans hurled racial insults at San Pasqual players. In reaction to that incident, the San Pasqual School District … Continue reading
May 30, 2017News
Partner Josh Adams spoke at the AFL-CIO Lawyers Coordinating Committee Conference in May. His panel focused on how labor unions should approach investigations by the U.S. Department of Labor into internal union affairs, including officer elections.
Jan 24, 2017News
Joe Kohanski has been designated a 2017 Southern California “Superlawyer, ” in the area of business bankruptcy. “It’s ironic to land on this list for business bankruptcy insofar as all of my bankruptcy work is on behalf of unions and wage and hour claimants, ” notes Kohanski,” but over the last few years we’ve collected tens of millions in residuals for our clients in some difficult film bankruptcy cases here and in New York, including Yari Film Group (Persik Productions), RHI, and Relativity.” “And some of our best work is in workout situations or intercreditor negotiations that are confidential.” Kohanski has managed the … Continue reading
Apr 28, 2016News
The National Labor Relations Board last month issued a precedent-setting complaint alleging that misclassification is a violation of the National Labor Relations Act (NLRA). Based on arguments set forth by Counsel for the International Brotherhood of Teamsters, the NLRB complaint finds that Intermodal Bridge Transport has interfered with port truck drivers’ right to organize under the NLRA by misclassifying those drivers as independent contractors. The NLRB complaint is groundbreaking because, for the first time, it claims that the very act of misclassification constitutes an unfair labor practice by effectively sending the message to workers that they do not have the … Continue reading
Jan 20, 2016News
Historians may remember 2015 as the year of the minimum wage—and for good reason. Twenty-one states and multiple cities raised the minimum wage in the past 12 months, scarcely two years after the “Fight for $15” was dismissed as a pipe dream by some observers. The past year also saw other major advances for working Americans. Here are ten of the most important: Open article to continue reading….
Jan 20, 2016News
In representing the Motion Pictures Editors Guild, Local 700 and the Motion Picture Industry Pension and Health Plans in the Chapter 11 bankruptcy of Todd-Soundelux, LLC, partners David Ahdoot and Josh Adams helped recover approximately $1.5 million in administrative and priority payments in the form of severance, holiday, pension and health payments for Local 700 members and the Plans, through bankruptcy proceedings and litigation before the NLRB. The case remains pending.
Jan 20, 2016News
Partner Josh Adams co-chaired bargaining negotiations with ILWU Local 30 in reaching a five-year extension of the collective bargaining with U.S. Borax, a Rio Tinto subsidiary. The renewal, which was ratified by the membership in December, occurred five months before the expiration of the present contract and includes 2.5% wage increases for each year of the contract.
Dec 29, 2015News
The California Department of Labor Standards Enforcement (DLSE) awarded $6.9 million to misclassified port truck drivers at the drayage company Pac 9 right before Christmas. The ruling sends a message loud and clear to the trucking industry that companies that misclassify their drivers as independent contractors , when in fact they are employees, will pay a big price. Port drayage companies that want to survive will need to comply with the law or face multimillion dollar liability and recurring labor unrest. State courts, federal courts, the National Labor Relations Board, the U.S. Department of Labor, the State Employment Development Department … Continue reading
Mar 16, 2015Press