Marriott Spa Employees Allege Violations of California Meal Break Law

Marriott International Inc. is facing a new California class action wage and hour lawsuit from a spa employee alleging the hotel company violated California meal break law. The woman is filing this California class action wage and hour lawsuit on behalf of herself and other spa employees.

Plaintiff Emma H. alleges that for at least four years before filing this California class action wage and hour lawsuit, the company regularly forced her to work without meal breaks. According to the lawsuit, Emma and other spa employees would typically work for over five hours without receiving a meal break and were not compensated on their paychecks, allegegly in violation of California meal break law.

According to the California class action wage and hour lawsuit, spa employees were required to work five hours of uninterrupted work and were not provided a meal break or rest period. As a result of these requirements, Emma and other spa employees were forced to work through meal breaks and were reportedly not compensated in their paychecks.

Emma asserts she was forced to resort to legal action to claim unpaid wages and opted for class-action status on the belief that numerous other spa personnel had similar experiences. By denying meal breaks and not compensating employees for them, Emma alleges Marriott International violated California meal break law and deprived her and other spa employees of full wages.

Emma and other class members are seeking damages for all unpaid wages along with any additional interest, and they allege the company knowingly violated the California meal break law.

Overview of California Meal Break Law

California is one of the most progressive states in the country regarding employment protection, guaranteeing non-exempt wage earners an overtime rate and break times during long shifts. The California meal break law specifically requires a company to provide a 30-minute meal break for every five hours worked, in which the employee must be able to leave the job site for the meal break if they choose to. In addition, companies are also required to give 10-minute rest breaks for every four hours worked and the employee must not be performing any occupational duties.

Under the California meal break law, a second 30-minute meal break must be provided if the employee works for over 10 hours. In each of these scenarios, the employee must not be doing any tasks related to work during the break–otherwise the break is considered “on-duty.” The employee must also be free to decide how they spend their break, with the employer prohibited from preventing them from taking a break.

Under California meal break law, on-duty meal breaks are allowed under certain circumstances including if the nature of the work prevents an employee from being relieved, it the employee agreed in writing, and that the employee can revoke the agreement at any time. If a meal break or rest period is missed, the employee must be compensated one hour of extra pay on their next paycheck.

This California Class Action Wage and Hour Lawsuit is Case No. 8:17-cv-02021-JVS-KES, in the Superior Court of California, Orange County.

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.

Get a Free Case Evaluation Now