By Joanna Szabo  |  November 15, 2017

Category: Labor & Employment

Closeup of hands on clock faceA judge has agreed to sign off on a $1.6 million settlement in a recent California lunch break lawsuit from a group of pharmacists.

The California lunch break lawsuit was filed by a class of Albertson’s pharmacists, alleging that they were denied their required meal breaks.

U.S. District Judge Dale S. Fischer has not yet officially approved the settlement amount, instead suggesting a few minor grammatical changes and a little additional information. The proposed changes are over minor details—“I use the Oxford comma,” she said—so the deal is all but approved. “Once that’s done, you’ll get your preliminary approval,” Judge Fischer noted.

The proposed settlement deal would bring the class action California lunch break lawsuit to a close, resolving allegations that Albertson’s pharmacists were not given proper meal breaks as required by California wage and hour law.

According to the California lunch break lawsuit, the lead plaintiff, Antonio D., worked as a pharmacist-floater for the company for a one-month period in 2014. During this time, he and other pharmacists were allegedly denied meal periods, rest breaks, and overtime pay.

Pharmacists were routinely given overtime work, in excess of eight hours a day or 40 hours a week, but were not paid accordingly. The California lunch break lawsuit also alleges that pharmacists were placed on shifts alone, meaning that their meal periods were on-duty. According to California labor regulations, on-duty meal breaks should be accompanied by one hour’s worth of wages.

The California lunch break lawsuit was granted class certification in December 2016, and includes any non-exempt pharmacist who worked at an Albertson’s in California between March 22, 2013 and the date of the settlement’s preliminary approval. The average member of the Class is expected to receive around $2,500.

Wage and Hour Regulations

There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. However, many workers across the country do not know the protections that the Fair Labor Standards Act (FLSA) offers, which can lead to employers taking advantage of them, in some cases requiring unpaid overtime work despite the illegality of doing so.

Some workers may find themselves unable to file wage and hour complaints like this unpaid overtime lawsuit because they are not aware of FLSA rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of FLSA violations.

To protect workers who help to enforce FLSA rules, laws also exist to protect workers from discrimination based on wage and hour complaints.

Filing an Unpaid Overtime Lawsuit

If you have worked for an employer like Albertson’s that may have failed to follow the Fair Labor Standards Act or state labor laws, such as meal breaks or overtime requirements, you may be able to either join a wage and hour class action lawsuit or file a wage and hour lawsuit of your own.

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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