Hertz Employees Reach $1.75 Million Settlement in California Break Laws Class Action

Employees of auto rental company Hertz claim violations of California break laws and have petitioned for approval of a $1.75 million settlement.

Representatives of approximately 2,250 employees are seeking settlement approval in a class action lawsuit alleging that rest and meal breaks were denied and pay withheld. The settlement applies to proposed Class Members who were employed by Hertz in the state of California after Oct. 16, 2013.

Specifically, the lawsuit alleges that Hertz failed to pay its employees in a timely manner, and that said workers did not receive overtime pay or meal and rest breaks in accordance with state and federal labor statutes. Individual payments will cover wages along with interest and penalties.

About the Case

The lead plaintiff, Janice D., alleges she was employed at the maintenance department of Hertz’s location at Los Angeles International Airport starting in 2014. She initiated the class action in 2017 on behalf of herself and other Hertz employees who claimed they were denied rest breaks and overtime pay.

It is not the first time the 101-year-old auto rental company has been sued over violations of California laws and wage violations. Another class action lawsuit alleged that employees were required to report and prepare for their shifts before they were allowed to clock in.

The complaint also said that employee shifts were scheduled in ways that made it impossible for them to take rest and meal breaks, were not compensated for missed breaks, and that commissions were denied when overtime pay was calculated.

An earlier wage and hour class action lawsuit alleged that managers were misclassified as being exempt from overtime pay. That lawsuit was dismissed on grounds that the plaintiffs’ individual claims lacked sufficient similarity to proceed as a class, but members could still file separately.

California Break Laws

California labor statutes are more stringent and far more favorable to employees than federal regulations. California break laws stipulate that non-exempt workers who work a shift of 5 hours or more must receive a 30-minute meal break. If the shift is 10 hours or more, the employer must grant an additional 30-minute meal break.

During these breaks, the employee cannot be required to be “on call” or perform any other work-related duties. If the employer requires the worker to continue their duties while eating, this legally constitutes the denial of a meal break.

There are exceptions; for example, if the worker in question is a security guard and there is nobody else to cover the watch, that is an exemption. A worker may also consent to be on call or work through a meal break; however, this consent must be given in writing and may be revoked at any time.

If You Have Been Denied Breaks…

Under California break laws, employers who deny workers meal or rest breaks can be held liable. That liability is equivalent to one hour’s wages for every missed break. Thus, if you were denied regular meal breaks over the course of a year – approximately 250 work days – your employer could legally be liable for 250 hours of regular pay, even though the breaks were 30 minutes.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

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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