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United and Continental airlines are facing a a proposed wage and hour class action lawsuit filed in California state court alleging flight attendants were issued inaccurate pay stubs that do not list the total hours they worked or their accurate hourly pay rates.
Lead plaintiffs, United flight attendant Felicia Vidrio and Continental flight attendant Paul Bradley, are alleging the airlines have violated the California Private Attorney General Act by printing false wage statements. Continental and United merged in 2011 in a $3 billion deal.
The plaintiffs stated in their unpaid wages class action lawsuit that there was no way for them to reasonably determine if the pay stubs are accurate, because they lacked other documents to prove the rate.
The plaintiffs allege that the airlines violated California’s labor law by failing to properly list the hours worked and rate of pay during the pay period.
Additionally, the airlines allegedly illegally listed a post office box as their address, instead of a physical location. The proposed class action lawsuit would consists of California employees who had worked as flight attendants for either company in the past year.
Under California labor laws, employees are entitled to $50 in recovery penalties for an initial violation, and $100 for each additional violation with a maximum recovery of $4,000. Plaintiffs are also seeking compensation for lost wages, plus any punitive damages.
California is considered one of the most progressive states in the country in protecting employment rights and improving labor conditions.
Employees are entitled to an increased pay rate once they work more than 40 hours a week or work more than eight hours in a single day, are then paid time and half of their regular rate. California employees are entitled to a 30-minute lunch break if they work more than five hours in a single work day, and 10-minute rest breaks for every four hours work.
For every break missed the worker must be compensated one additional hour of pay per meal break or rest break.
California is also well known for having one of the most generous minimum wages, at $9 per hour. Unless the employee is considered exempt under California labor laws, the employee is entitled to breaks and overtime benefits.
If the airlines fail to show adequate pay records they could be subject to fines and would be required to compensate the plaintiffs along with any potential class members.
These Wage and Hour Class Action Lawsuits are Paul Bradley v. Continental Airlines, Case No. BC590491, and Felicia Vidrio v. United Airlines Inc., Case No. BC590492, both in the Superior Court of the State of California, County of Los Angeles.
Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation
If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.
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