The federal Fair Labor Standards Act (FLSA) mandates that all employers have to pay their employees working within the United States at least the federal minimum wage of $7.25 per hour and pay them one and one half times their normal hourly rate for all time that the employees spend working in excess of eight hours a day or forty hours a week. However, most states have their own labor laws which govern how much employees must be paid and how long they can work. For example, Illinois law requires all employers working within the state to pay their employees at least $8.25 per hour.
California also has labor laws which require employers to provide workers with rest breaks and meal breaks, depending on how long the employee works. For every four hours of work, the employer is required to provide a paid rest break lasting at least ten minutes. For every five hours worked, the employer must provide an unpaid meal break of at least 30 minutes. For every day that an employee does not take one of these breaks, California labor law requires the employer to provide the employee with the equivalent of one hour’s worth of the employee’s wages.
According to a recent overtime class action lawsuit against W Hollywood Hotel, the hotel chain allegedly failed to provide employees with rest breaks and meal breaks on a regular basis. The lawsuit also alleges that employees “would routinely work eight to ten hours a day and nine straight days without a day off” without receiving the proper overtime compensation for the time that they worked in excess of eight hours a day and forty hours a week.
Although the hotels kept time sheets for their employees, the lawsuit alleges that those time sheets do not accurately reflect the amount of time that the employees spent working because managers regularly required them to work off the clock. While donning and doffing work attire is not necessarily compensable time, the plaintiffs of this lawsuit are seeking to be paid for the time that they spent putting on and taking off their work attire, as well as the time that they were required to work off the clock to help other employees.
The lawsuit alleges that these practices have been going on a W Hollywood Hotels for at least the past four years. The class of plaintiffs includes about 150 current and former employees of the hotel chain who worked in housekeeping, welcome, food and beverage, and similar hourly positions in the relevant time period.
Attorneys for the employees are currently looking for evidence to confirm the allegation that the managers of the hotels had policies which required employees to fill out their time sheets incorrectly. In addition to regulating minimum wage and overtime, the FLSA also requires all employers to maintain accurate records of the time that employees spend working and the pay that they earn. Depending on the success of the plaintiffs in court, the hotel chain’s failure to maintain these records can result in hefty fines.
The Chicago class action lawyers at the Chicago Overtime Law Center are investigating unpaid overtime claims by waiters and bus boys and other restaurant and hotel workers against national restaurant chains including Hilton, W, Marriott, Sheraton, Holiday Inn, Best Western, Chipotle, Red Lobster, Olive Garden, Outback Steak House, Taco Bell, Burger King, Wendy’s and hotels for misclassifying employees as managers or assistant managers, forcing employees to work off the clock at business, failing to share all tips, erasing or altering time sheets or time records, pressuring workers not to report or record overtime, and otherwise failing to pay workers for overtime and other wages. If you are the victim these wage theft practices call us at (312) 869-4095 or contact us online.
The Chicago class action attorneys at the Chicago Overtime Law Center have three decades of experience fighting to help employees who are victims of wage, overtime and tip theft by their employers. We have a team of Chicago unpaid overtime lawyers who concentrate on prosecuting state and nationwide class action lawsuits. Our attorneys work out of Chicago and Oak Brook offices and pursue claims for workers all over the Chicago area including Vernon Hills and Waukegan. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Lake, McHenry, Kane and Cook Counties.
Our Cicero, Schaumburg and Oak Lawn overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages.
The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago class action attorneys by phone at (312) 869-4095 or through our online form.