TopClassActions  |  September 22, 2014

Category: Labor & Employment

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Hotel Operator wage and hour lawsuitThe value of a person’s work should never be undervalued, nor cheated out of hard earned cash. But for some people, that is exactly what their employer has done.

Unpaid lunch breaks, working overtime without overtime pay, and missed break periods are seemingly more common occurrences happening in the work place.

Recently, a manufacturing engineer filed an unpaid overtime class action lawsuit against Intermountain Management, manager and operator of numerous hotels.

Some of the hotels operated under Intermountain Management include:

• Residence Inn
• Courtyard Inn
• TownePlace Suites
• Fairfield Inn & Suites
• Hampton Inn & Suites
• Hilton Garden Inn
• Homewood Suites hotels

According to the wage and hour class action lawsuit, Heredia was the manufacturing engineer responsible for routine system testing on many of Intermountain’s products, yet was misclassified as exempt from overtime compensation, a clear violation of California labor law.

Heredia also claims in the lawsuit that Intermountain denied even normal pay for hours she worked, in addition to being denied both meal and rest breaks. In some instances, she was even forced to cut her lunch break short or even work during the entire break, according to the class action lawsuit.

In California, overtime begins once a worker reaches 40 hours in a work week, or more than 8 hours in a single work day. To make matters worse, Heredia wanted to see her personnel records of her hours worked, except she was denied those by management, according to her unpaid overtime class action lawsuit.

Since she was requested and denied her records in April, it is tough for her to know exactly how many hours she was denied, but she noted that the violation of refusing a worker her personnel record carries a $750 fine.

According to California law, all personnel records are to be made available for viewing and copying by the working employee. These allegations would be considered violations under California’s labor laws, which are viewed as stricter than most states to protect employees from these kinds of abuse.

The proposed unpaid wage overtime class action lawsuit is expected to include over 700 employees that worked for Intermountain that suffered similar circumstances as Heredia. Often times many cases of employee abuse like these go unnoticed out of fear that the employee may lose his or her job.

Heredia and many others are stepping forth with wage and hour lawsuits against their employer for the rightful compensation and treatment they deserve.

The Unpaid Overtime Class Action Lawsuit is Indica Heredia v. Intermountain Management LLC, et al., Case No. 5:14-cv-04006, in the U.S. District Court for the Northern District of California.

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