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