Articles Posted in Meals

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Not long after it had to fight off a lawsuit from its shareholders over the terms of its expansion in Texas, Martin Marietta, a materials supplier, now has to deal with a lawsuit filed by one of its former employees. The lead plaintiff in the overtime lawsuit, Neal D., worked for the company for almost ten years as a warehouse clerk. In that time, he says the responsibilities Martin Marietta gave him regularly required him to work well over forty hours a week, but he was never paid for the extra time he worked.

Davis further alleges he was often required to work through his lunch breaks, but that he was never compensated for that extra time. He also alleges Marietta did not keep proper records of the time its employees spent working and the time they spent on their lunch breaks. Continue reading

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You’d better make sure your employment practices line up with your policies, because your company can be sued for either one. Back in 2012, Armida R. filed a class action wage and hour lawsuit against her employer, Burlington Coat Factory, for allegedly denying employees their full meal and rest breaks and requiring employees to submit to security checks after they had clocked out.

Armida worked for Burlington Coat Factory in their Compton, California location. California has very strict legislation to protect its employees from being overworked and/or underpaid. For example, California labor law requires employers to provide all their hourly workers with regular meal and rest breaks throughout the day. For every four hours an employee works, she is entitled to one paid, uninterrupted rest break lasting at least ten minutes. For every five hours worked, employees are entitled to one unpaid, uninterrupted meal break of at least half an hour. For every day an employee does not take one of these breaks, for any reason, the employer owes her one hour’s worth of pay, in addition to all wages, bonuses, and tips earned that day.

According to the wage and hour lawsuit, Burlington Coat Factory’s policy allegedly limited rest breaks to “discrete time frames.” It also allegedly maintained a policy that required employees to submit to security checks after they had clocked out at the end of their shift and for their meal break. Security checks are checks in which employees are searched to make sure they aren’t walking out of the store with any stolen merchandise. When a lot of employees clock out at the same time, they can be made to wait in long lines to get through the security checks. This cuts into their personal time and because it is required by the employer, many workers have argued it is time for which they should be paid. Continue reading

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Workers who have claims to file against their employers can find strength in numbers. Class actions have long been a tool for plaintiffs to gain leverage against defendants by bringing plaintiffs with the same or sufficiently similar claims together to file a single action against what is usually a large corporation with a team of dedicated lawyers at their disposal. This is especially true for workers who usually have little to no leverage against their employers when their employers take advantage of them.

Sometimes class actions can multiply their leverage by merging with other class action lawsuits that involve similar claims. Current and former employees of AlliedBarton Security Services companies have done just this by combining three wage and hour class action lawsuits into one large lawsuit.

The first lawsuit was filed by Mikhail B. in 2008, the second was filed by Gregory D. in December of 2012, and finally Jose A. filed a third wage and hour class action lawsuit in January 2014. Continue reading

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Despite legislators’ best attempts at writing clear laws without loopholes, many laws are still subject to different interpretations by different courts. One proposed class action that was rejected by a lower court in 2013 has recently been revived by a three-judge panel in a California appellate court.

The class action lawsuit alleges Aurora Behavior Health Care Inc., which operates two psychiatric hospitals, allegedly maintained policies which made it impossible for its nurses to take all their meal and rest breaks as required under California labor law.

In California, all hourly employees are entitled to one paid uninterrupted rest break of at least ten minutes for every four hours of work. For every five hours worked, employees are entitled to one unpaid, uninterrupted meal break lasting at least half an hour. For every day an employee does not take one of these breaks, for any reason, she is entitled to one hour’s worth of pay, in addition to all wages and bonuses earned that day. Continue reading

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Another class action wage and hour lawsuit has settled outside of court. A class of current and former employees of Convergys Corporation and Convergys Customer Management Group Inc., a customer management form, have agreed to settle the lawsuit for $4.5 million.

The lawsuit was filed by Carla M., Lisa W., and Gary C., all of whom worked, or still work, for Convergys. They filed the lawsuit on behalf of themselves and all other employees of Convergys who allegedly had their rights as employees violated. Continue reading

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Although companies are legally prohibited from retaliating against workers that file lawsuits against them, most employees still fear backlash from their employer, if they file a lawsuit. Another big reason workers don’t bring legal action against their employers is they simply aren’t aware of all the rights granted to them by the law.

Keeping track of both state and federal labor laws can get confusing, but it is every employer’s responsibility to make sure they are abiding by all relevant labor laws. For example, the federal Fair Labor Standards Act (FLSA) sets a minimum wage that employees must be paid. It also defines overtime as all time spent working after eight hours a day and/or forty hours a week.

Under the FLSA, all employees are entitled to one and one-half times their normal hourly wage for all overtime worked. Some employees can be classified as exempt from overtime, but the FLSA is very specific about the types of employees that can qualify for the exemption. Continue reading

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In addition to the federal Fair Labor Standards Act (FLSA), each state has their own laws to govern the employers and employees working within the state. Both state and federal labor law require employees to be paid a minimum wage, and all hourly employees to be paid overtime when they work more than eight hours a day or forty hours a week. The proper overtime compensation is one and one-half times the employee’s normal hourly wage.

Some states (such as California and Oregon) also require employers to provide their workers with meal and rest breaks throughout the day. Under state law, for every half day an employee spends working, she is entitled to a paid rest break lasting at least ten minutes. For every full day worked, the employee is entitled to an unpaid meal break of at least thirty minutes. In Oregon, the law allows employers to shorten the meal break to no less than twenty minutes if they can show such a short meal break is an industry standard. They can also allow employees to eat while working, but the employees must be paid for that time. Continue reading

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Under California labor law, employers are required to provide all of their hourly employees with a paid rest break lasting at least ten minutes for every four hours worked. For every five hours worked, employers must provide an unpaid meal break lasting at least half an hour. What employers are not allowed to do is automatically clock out their employees for lunch breaks, regardless of whether the employees actually take those breaks. In fact, if an employee misses one of these breaks, for any reason, the law requires the employer to pay her one hour’s worth of wages, in addition to all straight wages earned that day.

According to a recent class action wage and hour lawsuit against Costco, the wholesale retailer had a “continuous and widespread policy of ‘clocking out’” employees for half hour- or hour-long lunch breaks, regardless of whether the employees actually took their breaks. The lawsuit alleges it is common for Costco employees to work through their lunch breaks, which means they regularly perform work for which they do not get paid. Continue reading

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Most overtime lawsuits deal with allegations of violating the federal Fair Labor Standards Act (FLSA), which states that all hourly employees working within the United States are entitled to one and one-half times their normal hourly rate for all time that they spend working after eight hours a day or forty hours a week. However, in addition to the FLSA, most states have their own labor laws regulating things like minimum wage and overtime within their borders.

California, for example, requires all of its employers to provide their workers with meal and rest breaks throughout the day. Under the law, for every four hours that an employee spends working, she gets one paid rest break lasting at least ten minutes. For every five hours worked, the employee is entitled to an unpaid meal break of at least half an hour. For every day that an employee does not take one of these breaks, for any reason, the law states that she must be paid one hour’s worth of wages, in addition to all wages earned that day.

According to a recent class action overtime lawsuit filed against US Bank, the Bank allegedly failed to make sure that its In-Store Bankers took all of the meal and rest breaks that California labor law grants them. The class action also alleges that, in the event that an in-store banker missed a break, US Bank did not provide them with the proper compensation, as required by California law. US Bank denies all of these claims and takes the position it complied with the law. Continue reading

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Most workers don’t expect to get paid for the time they spend traveling to and from work, but there are certain exceptions to that rule. Some states, including California, have labor laws that require employers to pay workers for the time spent traveling to and from work sites if such travel is an integral part of the worker’s job. These laws are designed to protect employees who travel from site to site as part of their job, rather than employees who spend the majority of their work time in one location.

A wage and hour lawsuit has recently been filed against Stanley Black & Decker Inc. and 14 of its affiliates and subsidiaries. The lawsuit alleges the power tool company failed to properly compensate their field technicians for the time that it took them to travel to and from their work sites. The class action lawsuit also alleges that Black & Decker failed to pay proper wages to all of their employees and failed to provide accurate wage statements.

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide all of their workers with accurate itemized wage statements, detailing all of the hours worked by the employee, all wages earned, and all deductions made, including taxes and health insurance. In some cases, the lawsuit alleges, the wage statements provided by Black & Decker incorrectly listed the worker’s employer. Continue reading