Ashley Milano  |  November 20, 2014

Category: Labor & Employment

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vallarta-supermarketsFinal approval of a $1.5 million California unpaid overtime class action settlement has been granted by a Los Angeles Superior Court judge. The money will go to roughly 15,000 employees who were allegedly forced to work off the clock at dozens of Vallarta Supermarket locations across the state.

The Vallarta Supermarket settlement resolves two California wage class action lawsuits filed against defendant Vallarta Food Enterprises Inc. in 2012. Plaintiffs accuse Vallarta Food Enterprises of not paying its grocery employees proper wages or overtime. The consolidated class action lawsuit further accused Vallarta of forcing employees to work off the clock before and after shifts and during breaks.

In addition to Fair Labor Standards Act (FLSA) violations, the wage and hour class action lawsuit alleges Vallarta Food Enterprises violated California state labor laws by forcing employees to work off the clock in more than 40 stores in Central and Southern California, shorted them on wages, and failed to provide state required rest and meal breaks.

California Labor Law Violations

Employees working for employers that operate their businesses in the State of California are entitled to their rights, especially with regard to matters concerning the state’s labor laws. The Fair Labor Standards Act (FLSA) and several California state laws govern the rights of employees to fair wages and working conditions. Employers who cut corners and disregard these rights can be held legally accountable by employees not to mention the fact that they may face stiff penalties.

Employees who suffered one of the following California labor law violations may be eligible to seek compensation for back pay and other damages through a free unpaid wage lawsuit evaluation:

Meal and rest break violations. As many workers know, employers frequently assert pressure on employees to shorten, interrupt, or work through their meal periods. The California Labor Code §226.7 prohibits employers from requiring employees to work during meal or rest periods. For example, if you have been working for more than 5 hours in a single workday, you are entitled to one 30-minute meal period. With regard to rest periods, you are entitled to a 10-minute break for every 4 hours you’ve worked. A penalty of an additional hour of pay at a regular rate must be given to you by your employer for every day it failed to provide you a meal or rest break.

Working Off The Clock. Employees are supposed to be paid for pre-shift and post-shift activities if they are an integral and indispensable part of the principal activities for which the workers are employed. For purposes of California wage and hour laws and working off the clock rules, the term “principal activities” is considered to include any work of consequence performed for an employer no matter when the work is performed. Time spent waiting for work is compensable time for which employees are entitled to be paid if the waiting time is spent primarily for the benefit of the employer and the business.

The Vallarta Supermarket Wage Class Action Lawsuit cases are Jose Chavez v. Vallarta Food Enterprises Inc. and Gabriela Garcia v. Vallarta Food Enterprises Inc., et al., Case Nos. BC490630 and BC490873 in the Superior Court of the State of California for the County of Los Angeles.

California Labor Law Legal Help

If you are employed in the State of California and feel that your employer has violated state or federal employment law, you may qualify for damages that may be awarded in a possible class action or lawsuit.

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