Employment Wage and Hour Cases

The firm handles all types of wage and hour litigation in both federal and state courts. Wage and hour litigation can involve employees who are improperly misclassified as exempt from state or federal laws requiring overtime pay, employees who are forced to work “off the clock,” and employees who are not provided meal and rest breaks as required under state and federal law. It can also involve workers who are misclassified by their employers as independent contractors, when in fact those workers are really employees who are being improperly charged for the costs of their employers’ ordinary business expenses, and who are not receiving the protections they are entitled to under state and federal law, such as workers’ compensation and unemployment insurance.

Among the successful wage and hour cases that we have been involved in are cases brought on behalf of technical writers, software engineers and video game artists, resulting in recoveries totaling over $40 million. Our current cases include class actions on behalf of restaurant employees who were denied meal and rest breaks and on behalf of delivery drivers who have been misclassified as independent contractors by their employers.

Schubert Jonckheer & Kolbe LLP is committed to protecting employees.

  • If you are an hourly employee who has not been paid for all of the time that you have worked or who has not been provided with meal or rest breaks as required under the law
  • If you are a salaried employee who has questions about whether you are entitled to overtime pay; or
  • If you are working as an independent contractor, but have questions as to whether you should be receiving the protections of an employee

We would be happy to discuss your concerns with you. Please contact us.

Examples of Our Employment Cases Include:

Brinker Restaurant Corporation v. Superior Court. Lead appellate counsel in class action alleging violations of California’s meal period and rest break laws. Certified class consists of over 60,000 California employees of Brinker Restaurant Corporation, which operates Chili’s, the Macaroni Grill, and other statewide restaurant chains.

Frey v. 3PD, Inc., Western District of Washington Case No. 2:08-CV-00630-JCC. Lead counsel in class action claiming that delivery drivers have been misclassified by 3PD, Inc. as independent contractors under Washington state law. A copy of the complaint filed in this case can be found at this link.

Phelps v. 3PD, Inc., Oregon District Court Case No. 3:08-CV-0387-HU. Lead counsel in class action claiming that delivery drivers have been misclassified by 3PD, Inc. as independent contractors under Oregon state law. A copy of the complaint filed in this case can be found at this link.

Kirschenbaum v. Electronic Arts, Inc., Case No. CIV 440876 (California Superior Court, San Mateo County). Co-Lead Counsel in class action seeking to recover unpaid overtime compensation for computer graphics artists employed in California by Electronic Arts Inc. (“EA”), the world’s largest manufacturer of computer video games. The case was settled after the parties conducted formal and informal discovery, and we reviewed thousands of pages of company records. The settlement totaled $15.6 million, for approximately 618 class members. We believe this is the first class action involving recovery of overtime compensation for computer graphics artists in the electronic game industry.

Hasty v. Electronic Arts, Inc., Case No. 444821 (California Superior Court, San Mateo County). Co-Lead Counsel in class action seeking to recover unpaid overtime compensation for current and former computer programmers employed in California by Electronic Arts Inc. (“EA”), the world’s largest manufacturer of computer video games. The case was settled after the parties conducted formal and informal discovery, including numerous depositions and review of thousands of pages of company records. The settlement totaled $14.9 million, for approximately 600 class members. We believe this is the first class action involving recovery of overtime compensation for computer programmers in California.

Wilson v. Sony Computer Entertainment, Inc., Case No. 444815 (California Superior Court, San Mateo County). Co-Lead Counsel in class action seeking to recover unpaid overtime compensation for computer graphics artists employed in California by Sony Computer Entertainment, Inc. The case was settled for $8.5 million. In addition, Sony agreed to reclassify class members with a job title of Associate Artist and Artist 1 as nonexempt employees under the wage and hours laws of California and the federal Fair Labor Standards Act.