Paul Tassin  |  September 29, 2016

Category: Labor & Employment

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PLS-Overtime-LawsuitPLS Check Cashers has been failing to pay its employees minimum wage and overtime pay, according to a new California overtime class action lawsuit.

Plaintiff Pearl Rangel says she worked for PLS Check Cashers from September 2012 and August 2014.

She alleges that during that period, the company failed to pay her at the required minimum wage.

In her California overtime class action lawsuit, Rangel also alleges PLS Check Cashers failed to pay her the higher overtime rate of one-and-a-half times her regular pay rate for all hours worked over 40 in a single week.

She now claims her employer’s actions violate the federal Fair Labor Standards Act. Rangel seeks to represent a plaintiff Class consisting of similarly situated persons.

She is asking the court for an award of damages to cover unpaid wages, as well as compensatory and punitive damages.

Rangel also seeks reimbursement of her court costs and attorneys’ fees, according to the California overtime class action lawsuit.

California Overtime Class Action Lawsuit Raises Federal Claims

Rangel’s claims fall under the federal Fair Labor Standards Act, or FLSA.

According to the U.S. Department of Labor, the FLSA requires employers to compensate non-exempt employees with overtime pay for any hours worked in excess of 40 in a single workweek.

At a minimum, that overtime rate must be one-and-one-half the employee’s regular rate of pay.

The FLSA does not set a limit on how many hours an employee may be required to work in a single week.

Also, work done on weekends, holidays, or regular non-work days does not necessarily qualify for the overtime rate – unless, of course, the hours spent working during those days are in excess of 40 for the workweek.

Employees can expect to be paid for overtime hours on the same payday on which they receive pay for the rest of that workweek.

Even if an employer’s records show it is paying workers at or above minimum wage, the employer can still run afoul of the minimum wage requirement if it requires workers to do work-related tasks off the clock.

Factoring that off-the-clock work into the workers’ compensation may result in the workers receiving less than the required minimum wage.

Different states are free to establish their own minimum wages that are higher than the federal minimum.

California provides more generous requirements for overtime pay.

Unlike the federal requirements, any work done in excess of 8 hours in a single day qualifies for a higher overtime rate of time-and-a-half.

Any hours worked in excess of 12 in a single day must be compensated at double the regular rate, as must any hours worked in excess of 8 on any seventh day of a workweek.

The PLS Check Cashers California Overtime Class Action Lawsuit is Rangel v. PLS Check Cashers of California Inc., Case No. 2:16-cv-06119, in the U.S. District Court for the Central District of California.

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