Woman Files Unpaid Wages and Overtime Lawsuit Alleging FLSA Violations

A woman files an unpaid wages and overtime wages violation lawsuit against Latitude 38 Housing Services, LLC in California federal court over alleged wage and hour violations.

Plaintiff Janell S. filed the unpaid wages and overtime lawsuit on March 21, 2018.

According to the unpaid wages and overtime lawsuit, Janell is a resident of San Francisco. She says that she was employed by Latitude 38 Housing as a resident manager between Sept. 1, 2014 to Nov. 28, 2016. At all times, she says, she was categorized as a non-exempt employee.

On March 13, 2016, she says that Latitude 38 Housing transferred her to work and live at Yale Hotel, where she was still to work as a resident manager and as a concierge for hotel guests, the lawsuit states. As incentive, she says the corporation offered her a private room and bathroom. She became responsible for eleven tenant units and five hotel rooms.

According to the unpaid wages and overtime lawsuit, however, between March 13, 2016 and April 30, 2016 she was not paid any wages, despite working nine long hours per day.

She also claims the company failed to issue any pay stubs. Additionally, “no wages were indicated on account of lodging,” the lawsuit states.

According to the unpaid wages and overtime lawsuit, “Defendants willfully, intentionally, and with reckless disregard denied Plaintiff all the wages to which she was entitled under the FLSA, state law, and San Francisco’s local ordinance.”

Unpaid Wages and Overtime Violations

According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector in Federal, State, and Local governments.”

The Fair Labor Standards Act (FLSA) guarantees employee rights and mandates that they be treated and paid fairly. Some of the regulations covered by the FLSA include minimum wage requirements, overtime pay, interstate commerce employment and limitations on child labor.

The FLSA mandates the federal minimum wage at $7.25 per hour. Additionally, any overtime pay for hours worked greater than 40 hours per week includes a pay rate of not less than one and one-half times the rate of regular pay.

There are several different types of FLSA violations, however, not just the failure to pay wage and the failure to properly pay overtime pay. Some of these violations include: 1) misclassification of exempt employees, 2) off-the-clock work, 3) independent contractor misclassification, 4) unpaid on-duty meal and rest breaks, 5) improper deductions from salaried employees, 6) failure to pay minimum wage, 7) illegal tipping practices, and 8) improper calculation of the regular rate.

Thus, one of the great things about the FLSA is that it covers nearly all workplaces. This simply means that any business, company, or otherwise that engages in business calls and have employees use company telephones must follow FLSA regulations.

The Unpaid Wages and Overtime Lawsuit is Case No. 4:18-cv-01743-DMR, in the U.S. District Court for the Northern District of California.

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