A luxury resort in Rancho Palos Verdest recently settled a class action lawsuit with hotel workers for $2.1 million. Workers alleged that their employer, Terranea Resort, failed to comply with California Labor Laws regarding compensating employees for all time worked, falsifying time cards, failure to provide rest and meal breaks, failure to pay overtime, and other violations of California law.
In the lawsuit filed in Los Angeles Superior Court against Terranea Resort in Rancho Palos Verdes, workers alleged that they were required to wait to clock in for their shifts while getting their uniforms and were required to wait for a shuttle that would take them to their work location. Workers were required to show up for their shift up to 30 minutes early to wait for a shuttle in a remote parking lot, and were not compensated for their time.
The law suit also dealt with allegations that the workers were not given the proper rest and meal breaks and that their time cards were altered to reflect that they had taken breaks. Managers allegedly inserted meal breaks into their employees’ time cards in order to appear that they were complying with California Labor Laws.
Furthermore, workers stated that they were not compensated for overtime and were not given correct wage statements.
In addition to agreeing to settle the lawsuit for $2.1 million, the lawsuit also resulted in “Terranea making significant changes to its unlawful wage-and-hour policies that benefit employees.”
Unfortunately, our law firm sees these issues all the time. Many of our clients have worked for employers who have failed to give them the proper rest and meal breaks, failed to compensate them for all time worked, falsified time card records, failed to pay overtime, and failed to compensate employees for off the clock duties such as time spent being shuttled to a location, wait time, and security checks. Know your rights as a California employee and contact us today if you are facing any of these issues with your employer.
California Wage and Hour Law Overview
Under California labor law, employers are required to provide employees with correct pay stubs and wage statements. Employers are also required to compensate employees for any off the clock duties, including being shuttled to their work location, time spent changing into uniforms at the work site, and going through security or bag checks.
California law also requires that workers be given duty-free 10 minute rest breaks for every four hours worked, as well as an uninterrupted and duty-free 30-minute meal break for every 5 hours worked. If workers worked through a rest break, California companies are required to compensate them one hour extra for any rest break missed.
Under California Minimum Wage laws, employers with 26 and above employees, must pay a minimum hourly wage of $12, as of January 1, 2019. The minimum wage is $11 per hour for companies with 25 and fewer employees. Different cities and counties across California may also have higher minimum wage order with which employers in those locations need to comply.
If employees work over 40 hours in a work week, or over 8 hours in a single workday, they must be paid 1.5 times their hourly rate.
Is your employer paying you incorrectly or failing to compensate you for overtime, meal and rest breaks or work duties off the clock?
If you your employer has failed to provide you with duty-free and uninterrupted meal and rest breaks, has modified your time cards to be inaccurate, has failed to give you correct wage statements, has failed to compensate you for overtime, requires to you to perform work duties such as being shuttled to work or completing bag/security checks off the clock, or any other issue you’d like to discuss, call our office today at 949-936-4001.
More often than not, employers violating California’s law pertaining to wage and hour violations are also in violation of other California laws, such as California’s wrongful termination laws and laws prohibiting retaliation. If you have any questions about California’s employment laws or if you believe your employer may be violating these laws, our office would love to be of resource to you.
Whitehead Employment Law is a premier firm with a wealth of legal talent dedicated to labor and employment law. We have settled and tried cases winning millions of dollars in awards for clients whose employers have violated California labor laws. Many of these types of situations are ideal for class action treatment.
Contact us at Whitehead Employment Law today at 949-936-4001. Consultations are free and confidential.