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Norman B. Blumenthal

Norman B. Blumenthal

Practice areas:

Employment & Labor

About Me


Background 


Norman was
born in Washington, D.C. on January 31, 1948. He received his B.A. from
the University of Wisconsin in 1970 and then proceeded to earn his J.D.
from the Loyola University of Chicago in 1973. He was admitted to the
Bar in Illinois in 1973 and in California in 1976.


In
1973 and until 1975, Norman was a Law Clerk to Justice Thomas J. Moran
of the Illinois Supreme Court. He has been an instructor of Oil and Gas
Law at the California Western School of Law in 1981 and the University
of San Diego School of Law in 1983. Norman served as President and
Chairman of the Board of the San Diego Petroleum Club Inc. in 1985
to1986. In addition, he held the position of the Chief Operating
Officer and General Counsel for the Brumark Corporation from 1980 to
1987.


One of California's Most Experienced Class Action Attorneys


Norman
is a California class action pioneer. For over two decades, he has been
representing employees and consumers in California in class action
lawsuits for the purpose of handling the next great case to champion
justice in a world where business at the extremes takes unfair
advantage of employees and consumers. In total, Norman has obtained
over $1.3 Billion on behalf of employees and consumers. More
importantly, he has ushered in good public policy for the benefit of
all Californians everywhere. 


As a result
of Jordan v. Cal. DMV, on June 8, 2000, the California Governor signed
two bills passed by the Legislature, which found and declared that
approximately 1,700,000 vehicle owners paid a an unconstitutional smog
impact fee imposed by California on out of state vehicles. This
amounted to a $500 million in unconstitutional smog impact fees imposed
on drivers. After interest, Norman helped settle this case for over
$650 million dollars. Norman enabled over 1.7 million people get
refunds for a smog impact fee that was unconstitutional.


 


Overtime Wage Violations are a Serious Problem in California


It
is too easy for employees to assume that their paychecks reflect the
true amount of hours they worked and money they earned. Employers are
always trying to tighten margins and unfortunately one of the first
places they look to do this is with the cost of labor. However, since
businesses still need the labor, they in fact do not cut back on labor
costs; instead, they simply start cheating employees out of the full
amount of overtime wages they earn.


Blumenthal,
Nordrehaug & Bhowmik represents employees throughout California in
lawsuits to collect unpaid overtime wages. The firm has the resources
and experience to help employees fight back against illegal pay
practices such as:



  • Employee’s being misclassified as exempt from overtime

  • Employee’s being misclassified as Independent Contractors

  • Employees working “off the clock”

  • Employees being cheated out of mandatory, off-duty meal and rest breaks

  • Employees not being reimbursed for work-related expenses

  • Employees
    not being paid overtime at one and a half times their regular rate of
    pay for working hours in excess of eight in a workday or forty in a
    workweek

  • Unpaid vacation time and holiday time  


 


Mutable Timekeeping Systems are Red Flags for Overtime Violations


In
California, employers are required to give all non-exempt employees
accurate itemized wage statements. These wage statements must include
everything from the amount of time the employee works to the amount of
money the employee makes for that particular time he or she is working.


Many employers don’t only fail to issue
accurate itemized wage statements with all of this information. In
fact, employers frequently fail to even have a timekeeping system that
is capable of tracking all of the hours employees work. Some time
tracking systems actually go as far as to not allow employees to record
and report overtime hours worked. Employees are suppose to receive one
and a half times the regular rate of pay for all hours worked in excess
of eight hours in a workday, forty hours in a workweek, or for the
first eight hours on a seventh consecutive day. In addition, employees
are entitled to receive two times the regular rate of pay for all hours
worked in excess of twelve in a single workday and double the regular
rate of pay for all hours worked in excess of eight hours on a seventh
consecutive workday. How can employers pay employees the proper amount
of wages if there is not even a timekeeping system that is capable of
tracking and recording all of the time these employees work? What’s
more, some employers have a timekeeping system that takes time away
from employees. For example, timekeeping systems that are subject to
manipulation are problematic because managers and supervisors may be
instructed by the company to reduce or erase the true amount of hours
that employees work. In effect, employees are losing out on overtime
wages and other wages that they earned through the performance of
labor.


 


Misclassifying Employees as Exempt is Immoral and Illegal


The
general presumption in California is that all employees are entitled to
overtime compensation for working more than eight hours in a single
day. They are also entitled to overtime compensation for working more
than forty hours in a workweek under both federal and state laws.
Businesses seek to avoid paying employees overtime wages by
misclassifying them as exempt from overtime. It is the employer’s
burden to prove that the employees are in fact exempt from overtime
based on certain exemption tests, but employees rarely challenge their
exempt classifications and therefore employers get away with these
misclassifications.  


Here is a partial list of the types of employees that are regularly misclassified as exempt from overtime:



  • Employees performing manual labor

  • Employees performing clerical labor

  • Laboratory Technicians and managers

  • Computer Technicians

  • IT/IS Professionals

  • Managers and Supervisors

  • Security Guards

  • Armored Car Drivers and Guards

  • Waiters and Waitresses

  • Cable Technicians

  • Scientific Employees

  • Pharmaceutical Employees


 


Call 866-745-2949 to Learn About Your Employment Law Rights


If
you think that your employer may have committed illegal overtime
practices
against you or your fellow employees, contact an experienced
overtime wage attorney at Blumenthal, Nordrehaug & Bhowmik today.
We offer all employees free consultations. We also represent employees
on a contingency basis, meaning that they never pay our attorneys a
single dollar until and unless we recover money for them. We have the
resources and experience to represent workers in individual and class
action lawsuits throughout California communities such as San Diego,
San Francisco, Los Angeles, Orange County, Oakland, Sacramento and
Santa Clara.


 


 

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Practice Areas

Licensed since 1973

  1. Employment & Labor: 100%
    16 years

Payment

Fees:

Contingent (25-33%)

Payment Types:

Check

Attorney Endorsements

2 total

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    Donald Macrae
    Relationship: Worked for lawyer

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    Kyle Nordrehaug Class Action Attorney
    Relationship: Co-worker

Contact Info

Blumenthal, Nordrehaug & Bhowmik - Employment Attorneys

1750 Montgomery Street
San Francisco, CA, 94111

Blumenthal, Nordrehaug & Bhowmik - Employment Attorneys

5201 Great America Pkwy #320
San Jose, CA, 95054

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Resume

License
StateStatusAcquiredUpdated
CAActive197605/20/2015
ILActive And Authorized To Practice Law197305/14/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Plaintiffs Recover $9,800,000California Attorney Lenders Association2010

Work Experience
TitleCompany NameDuration
Law Clerk for Illinois Supreme Court Justice Thomas J. MoranCourt of Appeals1973 - 1975

Associations
Association NamePosition NameDuration
San Diego County Bar AssociationMember1999 - Present
Illinois State Bar AssociationMember1990 - Present
American Bar AssociationMember1985 - Present
State Bar of CaliforniaMemberN/A

Legal Cases
Case NameOutcome
Barcia v. Contain-A-Way, Case No. 07 cv 0938Settled
Bermant v. Bank of America, Investment Services, Inc., Civil Action No. BC342505Settled
Bova v. Washington Mutual Bank / JP Morgan Chase, Case No. 07-cv-2410In Litigation

See all Legal Cases 

Publications
Publication NameTitleDate
Exempt or Nonexempt: Do You Receive Overtime Pay?Exempt or Nonexempt: Do You Receive Overtime Pay?2010

Education
School NameMajorDegreeGraduated
Loyola Univ SOLN/AlawN/A
Univ of WisconsinN/AundergraduateN/A