A technology company accused of violating California overtime laws has reached a preliminary class action lawsuit settlement of $2.75 million.
Revel Systems faced allegations that inside sales employees were denied overtime pay, a violation of the Fair Labor Standards Act. Lead plaintiff Joseph B. filed the lawsuit in May 2017, saying he and 148 fellow inside sales representatives worked more than 40 hours every week on a regular basis, but never received appropriate overtime compensation.
According to the settlement preliminarily approved by the U.S. District Court for the Northern District of California, each plaintiff will receive an award between $248.12 and $53,244.24.
Revel Systems insisted the inside sales representatives were classified as exempt employees, which meant they were not entitled to overtime pay. Federal and state labor laws lists criteria for determining whether a position is an exempt job.
The settlement amount includes payments to “class and collective members and also includes administrative costs, incentive awards, any attorneys’ fees and costs award, and all individual settlement payments, including employee taxes but excluding employer taxes,” says the order.
Revel Systems was founded in 2010 in San Francisco and provides a point-of-sale computer system that runs on Apple iPads for restaurants, bars, food trucks and retail businesses. The company promotes itself as a member of the Apple Enterprise Mobility Program, Apple’s partnering effort with independent software developers and integrators designed to improve the sales quotas of iPhones and iPads to businesses.
U.S. District Judge Haywood S. Gilliam, Jr. granted the preliminary approval in a filing submitted Feb. 22.
California Overtime Laws Spelled Out
According to California labor laws, an employee should be paid at the rate of one and one-half times the employee’s regular rate of pay for all hours worked beyond eight, up to and including 12 hours in any work day and for the first eight hours of work on the seventh consecutive day of work in a workweek.
Employees should receive double their regular rate of pay for hours worked in excess of 12 in any workday and for every hour worked in excess of eight on the seventh straight day of work in a workweek.
The California Labor Commissioner’s Office allows victims of wage theft up to three years to file claims for violations of minimum wage, overtime, unpaid rest and meal periods, sick leave, illegal deductions from pay or unpaid reimbursements.
Employees who are concerned about their overtime pay may want to write down the time they start work every day, including the times meal and rest breaks are taken. Employees also can keep each pay stub or detailed wage statement provided by their employers. An itemized wage statement should include the employee’s full name, wages earned, dates of the pay period, the employer’s name, address and telephone number, taxes and other deductions, number of hours paid, and sick leave and/or vacation time accrued.
Saving all documentation from the employer will help in the event a claim needs to be filed down the road.
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If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.
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One thought on Revel Systems Agrees to $2.75 Million to Settle Alleged Violations of California Overtime Laws
I worked for honeybaked ham company for three years and worked overtime and got paid the same salary rate I also worked for another restaurant and worked overtime and got paid the same salary wait as well