California workers have certain rights pertaining to the hours they work and the remuneration they receive. Under the Fair Labor Standards Act, the federal overtime provisions require employers to pay non-exempt workers overtime if their hours per work week exceed 40. Overtime for extra hours must be calculated at a rate of at least one-and-a-half times the normal hourly rate.
Unfortunately, some employers take advantage of their employees and expect them to work additional hours without additional compensation. An employer in another state is facing a lawsuit that was brought by two former employees on their own behalf and that of co-workers in a similar situation. The plaintiffs were employed as cooks in the defendant’s restaurant.
According to the complaint, the plaintiffs were regularly ordered to work additional hours in excess of their normal 40 hours per week. They claim to have received remuneration for those hours; however, it was paid at their normal rate of $9 per hour. The defendant is accused of violating their rights under FLSA, which entitles them in their capacities as non-exempt workers to at least $13.50 per hour.
The plaintiffs are seeking recovery of unpaid wages and legal costs for themselves and other workers of the establishment who were also denied overtime payment. California workers who believe they are being exploited by their employers may find comfort in knowing that there is help available. Experienced employment law attorneys can assess their individual circumstances to determine whether they have legitimate legal claims and provide support and guidance throughout any legal proceedings that may follow.
Source: louisianarecord.com, “2 cooks sue restaurant, alleging failure to pay overtime”, Elaine Goodman, Sept. 3, 2015