Laura Pennington  |  January 15, 2019

Category: Labor & Employment

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unhappy employees suffering California overtime lawsMultiple plaintiffs have initiated a California overtime laws violation suit against Mountain Circle Family Services.

The plaintiffs in the California overtime lawsuit are over the age of 18 and residents of California who were employed as social workers at the company.

The lawsuit says that the company violated existing California overtime laws for all of these employees and failed to pay them the appropriate wages due to them for the hours worked above and beyond a regular work week.

The California overtime laws violation lawsuit was undertaken by the five former non-exempt employees due to alleged violations of the California Labor Code, the California Wage Orders and Statutes and the Fair Labor Standards Act (FLSA).

The California overtime laws complaint says that the plaintiffs regularly worked more than 40 hours in a week or eight hours in a given day and were required to perform off the clock work as well.

The lawsuit also alleges that Mountain Circle Family Services regularly failed to provide appropriate rest and meal breaks as provided by California law.

Other claims included in the California overtime laws complaint include that the company retaliated against the plaintiffs for taking paid sick leave. The plaintiffs in the unpaid overtime lawsuit are seeking compensatory damages for their unpaid wages as well as restitution under California’s Unfair Trade Practices Act.

Plaintiffs in other California overtime laws violation lawsuits have similar allegations that they regularly worked in excess of 40 hours per week but were not given appropriate meal periods or rest breaks in compliance with federal and state laws, or perform overtime duties on an unpaid basis.

Mountain Circle Overtime Lawsuit

One example of the alleged violation of California overtime laws as outlined in the lawsuit included a sponsored marathon event in which exempt employees and social workers were mandated to work overtime without any compensation.

Employees say that they were only allowed to log hours worked from Monday through Friday between 8 a.m. and 5 p.m. but were never compensated for overtime hours put in outside of the log, as well as the mandatory on-call time. This on-call time were periods in which social workers had to be accessible and available via phone for emergencies.

The employees who filed the California overtime laws lawsuit allege that this made it impossible for them to make plans, do any activities that would render them unable to answer a phone call, and had to do so on a consistently unpaid basis, in direct violation of California labor laws.

There were specific procedures outlined for what social workers had to do when these calls came in, including reporting the incident and contacting additional employees, particularly if the issue involved any foster child.

The plaintiffs who filed the California overtime laws lawsuit against Mountain Circle say that they are owed back pay as a result of these required obligations.

The California Overtime Laws Lawsuit is Case No. 2:18-cv-03255-KGM-DMC, in the U.S. District Court for the Eastern District of California.

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