Articles Tagged with Chicago class action lawyers near Oak Brook and Naperville

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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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The federal Fair Labor Standards Act (FLSA) covers all employees working in the United States, but in addition to that law, each state has their own labor laws that govern all of the employees working in that state. For example, although the FLSA provides a minimum wage of $7.25 per hour, California labor law sets their minimum wage at $9 an hour. All employers conducting business in the state of California are required to pay their workers no less than $9 per hour, despite the lower federal limit.

California labor law also requires employers to provide all of their hourly workers with regular meal and rest breaks. Under the law, an employee is entitled to a paid rest break lasting at least ten minutes for every four hours that she spends working. For every five hours worked, the employee is entitled to an unpaid meal break of at least thirty minutes. For every day that 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 earned that day.

In order to make sure that employers are abiding by all of the relevant state and federal labor laws, the FLSA requires employers to maintain accurate records of all time worked and wages paid to employees. If an employer fails to maintain these records, a worker filing a wage and hour lawsuit can claim that any violations of labor law were done willfully and intentionally. In some courts, this proof can result in a substantial increase to the award the employer will have to pay, if the court rules in favor of the plaintiff. Continue reading