Aside from making sure employees are paid for all applicable overtime hours, it is equally (if not more) important to make sure employees are paid for all straight time. Baltazar Mendez had worked for H. J. Heinz Company L.P. in the state of California as a non-exempt hourly factory employee for about ten years. He alleges that Heinz had a policy of penalizing employees for clocking in after the start of a shift and clocking out before the end of a shift and that this policy unfairly benefited Heinz. He also alleges that Heinz rounded off the time employees spent working so that straight time worked went unaccounted for and unpaid. Mendez also alleges that he worked overtime hours for which he was never paid.
Due to the policy of rounding employees’ time, Mendez is also alleging that Heinz failed to provide accurate itemized wage statements to its employees or to maintain accurate records of the hours employees worked. Mendez also alleges that Heinz has knowingly failed to pay due wages to its employees upon termination. It has now been more than thirty days since a number of the potential class members have been terminated without the wages which were due them upon termination so, according to California law, they are entitled to thirty days of wages.
Mendez is seeking certification of both a California Class as well as a Nationwide Class, as he believes that Heinz utilizes these illegal labor practices all across the country. This means that the classes could consist of hundreds, if not thousands of members. As compensation for Heinz’s alleged violations, Mendez is seeking unpaid straight and overtime hours, interest, and attorneys’ fees and costs.
Mendez also claims that these illegal labor actions on behalf of Heinz constitute false, unfair, fraudulent, and deceptive business practices which give Heinz an unfair advantage over competitors who pay their employees all due wages. Because of these alleged business practice violations, Mendez is also seeking an injunction against Heinz to prevent them from continuing, or ever again entering into, these illegal business practices.
The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases including overtime, meal breaks, vacation pay, and tips. We have offices conveniently located in Oak Brook Terrace and Chicago, Illinois. Contact a Deerfield wage and hour attorney today at 312-869-4095 or online by clicking here.