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Planned Parenthood in California is under the microscope recently as a judge granted preliminary approval for a $1.1 million settlement to compensate workers for missed meal breaks.
Missed Meal Breaks Class Action Lawsuit
Planned Parenthood Los Angeles’ workers claim that even though they were paid for missed meal breaks, the nonprofit shorted them and did not treat them fairly.
Nearly 900 Planned Parenthood employees are making this claim.
Los Angeles Superior Court Judge Lisa Hart issued a written tentative ruling noting that preliminary approval for the settlement would be given. The named plaintiffs in this class action lawsuit are Cristina Cristobal and Elizabeth Ceniceros.
The 867 current and former employees assert that Planned Parenthood paid them only for 30 minutes for missed meal breaks when they should have been paid for an hour of work which is required by California law.
Under this deal Planned Parenthood would pay $700,000 to workers to settle claims for missed meal breaks and and nearly $500,000 to class members on its own, “as a direct result of the litigation.”
Judge Cole did note that she was concerned that if Planned Parenthood mailed checks to the class members, by cashing those checks the current and former employees would be releasing their claims under the Fair Labor Standard Act. A notice would be included on the check to inform claimants of this.
However, she said that normally FLSA claims have a separate notice not printed on the check. One of the attorneys representing the class said told the Judge that the FSLA release on the check was “not an attempt to release additional claims,” and therefore made sense.
He was quoted as saying, “The facts underlying the FLSA claim are the exact same facts underlying the minimum wage and overtime claims. It’s essentially a double recovery.”
The preliminary approval in this missed meal breaks class action lawsuit was agreed upon by Judge Cole providing that provision remained intact.
The initial plaintiff, Cristobal, filed her suit in February 2015 and the other plaintiff, Ceniceros filed her suit in April 2015. Later the two missed meal breaks lawsuits were consolidated.
California Wage and Hour Laws
California labor laws provide for a minimum wage of $10.00 per hour. Companies also must pay hourly employees one-and-half times their normal rate if they work over eight hours in a single day or over 40-hours in a week.
This missed meal breaks lawsuit pays close attention to laws that require companies to give employees 30-minute lunch breaks if they work over five hours in a workday and a 10 minute break every four hours.
In this case, the employees were entitled to 1 hour of lunch break but were only paid for half of that time.
If an employee missed a meal or rest break, the employer must pay them for an additional hour of work on their next paycheck. Exempt employees are not under this same requirement.
The Missed Meal Breaks Lawsuits are Cristina Cristobal v. Planned Parenthood Los Angeles and Elizabeth Ceniceros v. Planned Parenthood Los Angeles, Case No. BC572766 and BC580126, respectively, in the Superior Court of the State of California for the County of Los Angeles.
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