The current company i work for is names LMS parking. They employ more than 40 employees. They are a valet company. They don’t pay on the actual pay period Checks have no funds and people have to wait days after to be conpensated. They have their employees use a porter potty which is smelly and filthy with no water No ten minute breaks are provided until recently If anyone complaints they get terminated or removed from certain days. Certain employees get paid cash Company has employees working more than 8 hour shift without overtime pay The company is known to play the shell game once a lawsuit comes up, the company have changed names at least 3 times. The labor board don’t really investigate.
Employment / Labor Attorney
First, do not look for a class action attorney on this. Not only is this likely not a class action case, but there appears to be no doubt that a class action will crush this company and you will have no recovery.
Second, when you say "the Labor board don't really investigate" suggests you have already made a claim to the Labor Board and it was unhelpful to you. That is a huge red flag for any attorney who might look at your case because employment lawyers know that the Labor Board does investigate and prosecute claims for employees. Furthermore, if you have already gone through a Labor Board action, there is nothing more that can be done by an attorney. If you have not filed an administrative complaint with the Labor Board and you are simply making the assumption that it would not be helpful, I suggest you are wrong.
Third, you outline a company that outright ignores the Labor Code in dealing with its employees, but you also outline a company that is financially unstable and possibly unable to respond to a large judgment. This creates two problems you need to consider. First, if you group together with other employees to bring a claim for all of them, there will likely not be enough money to pay any judgment, and the company will simply fold up and go away. Second, the lack of a clear path to collectability will make it very hard for you to find an attorney that will be willing to take the multiple plaintiff case. That said, your best approach may be to simply sue by yourself to get your money. That way, it is more likely you will get paid.
Fourth, the shell game is not unusual. You need to have an attorney that can play the game just as well.
Fifth, get a new job. Do not stay working for this company. Find another job and move on.
If you have not already exhausted your rights to proceed against the employer through the Labor Board, and you wish to proceed against this employer either there or in superior court, you need to locate and consult with an experienced employment law attorney to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Good luck to you.
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Administrative Law Lawyer
It is not necessary or even advisable that this matter be brought as a class action. Consult with any experienced employment attorney in your area.
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Lawsuit / Dispute Attorney
You should be able to use the "Find A Lawyer" feature of AVVO to help you find a lawyer to represent you. There are a number of employee-side labor lawyers that use this site, and should be able to help you redress any labor law violations.
You may have better luck using a law called "PAGA" than a class action. Any good labor lawyer will be able to help explain that law to you in detail, but the essence is that one employee can bring a "representative" claim on behalf of the others for certain violations of the law and for certain penalties.
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