Innovative Solutions To Tackle Unfair Business Practices

Employers who are found to be liable for wage and hour violations, harassment, discrimination or retaliation may also be found liable for committing unfair or unlawful business practices. At Shanberg Stafford LLP, our unfair business practice attorneys hold employers financially accountable in California, Washington, Colorado and nationwide.

Types Of Wage And Hour Violations

Employees who are nonexempt have certain rights and protections under state and federal law. Typically, wage and hour violations involve one or more of the following:

• Minimum wage violations: An employer structures your pay so that when you divide it by the hours you’ve worked, you’re actually making less than minimum wage. For example, an employer may pay you on a “project-by-project” basis. You may be told that if you finish a certain number of projects within a given time, your wage will be equal to or greater than the minimum wage. In reality, the project estimates are unrealistic, and you end up making less than minimum wage.

• Overtime pay violations: An employer may tell you he doesn’t pay overtime but expects you to finish the work you’ve been given. Even though you are an hourly employee, you are asked to work “off the clock” in order to avoid being paid overtime. For instance, your employer may tell you that you should have finished your work within the 40-hour workweek. Since you didn’t, he asks you to work over the weekend “off the clock” in order to finish your workload.

• Misclassification of employee status: Employers who want to avoid paying overtime may purposely misclassify an employee as “exempt” from the requirements of the California Labor Code or the FLSA when in reality they should be classified as “nonexempt.” Nonexempt employees receive overtime pay and meal and rest breaks; exempt workers do not.

What Counts As Unfair Competition Or False Advertising?

The legal standards for unfair competition differ by state. For example, California’s Unfair Competition Law (UCL) prohibits “unlawful, unfair or fraudulent” acts, while Washington’s Consumer Protection Act (CPA) prohibits “unfair or deceptive” acts. False advertising, on the other hand, can involve ads or claims likely to mislead a reasonable consumer or create confusion about a product’s origin.

These acts can take many forms. At Shanberg Stafford LLP, our attorneys often see clients facing issues such as:

• Bait-and-switch offers or “limited time” deals that never end
• Fake “compare at” pricing and hidden junk fees
• Mislabeling a product’s origin or content, such as false “Made in USA” claims
• Fabricated reviews or undisclosed paid endorsements
• Look-alike branding or confusing domain names to “pass off” products as a rival’s goods
• Trademark misuse in ads that confuse buyers
• Company policies that violate wage and hour rules, which also function as unlawful business practices

Courts have the power to stop the conduct through injunctive relief. However, the available monetary relief can vary depending on your state. For example, California’s UCL generally allows for restitution, but not compensatory damages. In contrast, the Washington CPA and the federal Lanham Act both allow a plaintiff to seek damages. Our lawyers will evaluate your claim and work to hold the responsible parties accountable.

Proving Economic Harm From Misleading Or Unlawful Conduct

Not every competitive act is unlawful. For example, a business aggressively lowering its prices may be damaging to the sales of a rival business. However, it is legal if they did not use deceptive tactics to advertise those low prices.

To file a lawsuit, you must prove that you suffered a specific, measurable loss. This often means showing you lost money or that your business or property suffered financial harm. This could include

• Fewer sales
• Lost accounts
• Price cuts
• New expenses required to fix consumer confusion

Your proof must clearly show what changed, when it changed, and how the competitor’s policy or campaign caused that change. Our attorneys will help you collect and review key documents and organize this information to build a compelling case for damages or injunctive relief.

Can Multiple Victims Bring A Coordinated Or Class Action Claim?

Yes. When the same practice affects many people in the same way, a class action or coordinated case may be a more efficient and effective legal action. While competitor cases often proceed as individual suits, coordination among several businesses can add strength if each suffered similar harm.

A group case often makes sense in specific situations, such as when:

• A company used uniform ads, scripts or fees that affected many buyers
• Many people suffered small individual losses that are not practical to pursue alone
• A single statewide or nationwide campaign requires a broad, unified legal remedy

There are benefits and tradeoffs to this approach. Pursuing a case as a group may lead to consistent rulings and increase leverage. However, class certification adds extra steps and deadlines that require careful planning. A larger case may also take more time to resolve.

Our attorneys can identify strong class representatives, define the class and gather the shared proof. We file in the right forum – whether in Newport Beach, Seattle, Denver or federal court – to seek effective relief for the group. If you prefer a focused competitor claim, our lawyers will help you seek the available relief. This may include an injunction, damages or restitution, depending on the specific statute and jurisdiction.

Contact Our Attorneys To Get The Guidance You Need

You have a right to fair pay and a workplace free of discrimination, harassment and retaliation. Contact Shanberg Stafford LLP, at 866-902-0497 or email us to schedule a consultation. Our experienced lawyers can evaluate your case and discuss your options in detail.