Ashley Milano  |  January 15, 2015

Category: Labor & Employment

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timesheet-wage-hourFinal approval of a $1.75 million California wage and hour violations class action lawsuit settlement has been granted.

Airline food and beverage catering service, Sky Chefs Inc., has agreed to pay $1.75 million to settle the wage and hour lawsuit alleging it failed to pay overtime wages for employees.

Current and former Sky Chefs employees will be eligible for the settlement. The Sky Chefs wage and hour class action lawsuit, originally filed in California federal court in 2012, accused Sky Chefs of not paying employees proper wages or overtime pay and failure to provide timely meal periods and rest breaks, among other claims.

In addition to Fair Labor and Standard Act (FSLA) violations, the wage and hour class action lawsuit also alleges Sky Chefs violated California state labor laws by failing to provide complete and accurate wage statements for its employees.

Approximately $300,000 of the $1.75 million wage and hour class action lawsuit settlement fund will pay for attorneys’ fees and costs, with another $13,000 paying for claims administrations. About $7,000 will be an incentive payment for the lead named plaintiff. The remaining settlement will to go to Class Members, with an average payout of $1,290.

California Labor Law Violations

The Fair Labor Standards Act (FLSA) and several California state laws govern the rights of employees to fair wages and working conditions in California. 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.

California Overtime Law: According to California labor law, 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 bonus 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. Simply being paid a salary does not make an employee exempt from overtime. Salaried employees are entitled to overtime compensation as well, provided that an overtime exemption does not apply to them.

California Lunch Break Law: As many workers know, employers frequently assert pressure on employees to shorten, interrupt, or work through their meal periods. California law prohibits employers from requiring employees to work during meal or rest periods.

For example, if you have been working for more than five 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 four 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.

The Sky Chefs Wage and Hour Violations Lawsuit is Case No. C-12-02705 DMR, in the U.S. District Court for the Northern District of California.

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

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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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