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Final approval of a $3 million California unpaid overtime class action settlement with the bulk grocery chain Smart & Final has been granted by a judge in California.
Smart & Final agreed to pay up to $3 million to settle a putative class action lawsuit alleging the popular bulk goods retailer violated California labor laws.
About 16,000 current and former Smart & Final employees will be eligible for benefits from the class action settlement. The Smart & Final unpaid overtime class action lawsuit, originally filed in California federal court in 2012, accused Smart & Final of not paying its employees overtime and failing to provide state-mandated rest and meal breaks.
The Smart & Final unpaid overtime class action lawsuit involves two wage and hour lawsuits that have been consolidated. According to the plaintiffs, Smart & Final failed to factor in hourly employees’ enhanced Sunday pay and provided employees with incorrect wage statements.
In addition to Fair Labor Standards Act violations, the unpaid overtime lawsuit alleges Smart & Final violated California state labor laws by failing 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 safe 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.
Unpaid Overtime. Under California labor laws, overtime pay is based on hourly wages, salaries, shift differentials, non-discretionary bonuses and commissions. Failure to include those when determining overtime pay is an overtime violation.
In California, most workers are entitled to overtime for all work past eight hours in a day or 40 hours in a week, or for work performed on a seventh consecutive day.
Meal and rest break violations. Labor laws in the Golden State also prohibit employers from putting pressure on employees to shorten, interrupt, or work through their meal periods. California labor laws also prohibit employers from requiring employees to work during meal or rest periods.
For example, if an employee has been working for more than five hours in a single workday, he or she is entitled to one 30-minute meal period or a 10-minute break for every 4 hours worked. A penalty of an additional hour of pay at a regular rate must be given by employer for every day it failed to provide a meal or rest break.
The Smart & Final Unpaid Overtime Class Action Lawsuits are Case Nos. BC497198 and BC512631, in the Superior Court of the State of California, County of Los Angeles.
Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation
If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.
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3 thoughts onSmart & Final Settles Unpaid Overtime Class Action for $3M
Oh yes I am to familiar with your story and some aggressive disrespect from the manager at location arroyo grande I was employed from 2017/2019 loved my job there just didn’t like the teaming up on other employees if u weren’t in their circle you were being bullied ,worked over time and just over all picked on .I had to put in my two weeks notice or the boss threanted to fire me and if he did and I quote his words if I do go that route of firing you .you’ll have a bad job reference from me.(s&f).Glad I’m not dealing with that unstable individual anymore .like who even let that guy be a pic.hes got real mental issues and takes it out on the workers. Best of luck
Oh yes I am to familiar with your story and some aggressive disrespect from the manager at location arroyo grande I was employed from 2017/2019 loved my job there just didn’t like the teaming up on other employees if u weren’t in their circle you were being bullied ,worked over time and just over all picked on .I had to put in my two weeks notice or the boss threanted to fire me and if he did and I quote his words if I do go that route of firing you you’ll have a bad job reference from me.(s&f).Glad I’m not dealing with that unstable individual anymore .like who even let that guy be a pic.hes got real mental issues and takes his issues out on the workers. Best of luck
I worked for Smart and final about 20 years ago I started at the bottom stocking shelves all the way to assistant manager. I salute smart and final for failure to pay overtime and we ended up settling out of court. Smart and final is notorious for making you work off the clock it’s not a time clock that you stamp in you right in yourTime that you worked and if you put more than your scheduled time they will simply erase it. There were times we had to work 3 to 4 hours after our scheduled time and never got paid for it