Man Files California Overtime Class Action Lawsuit For Unpaid Overtime Wages

Michael Page International Inc., a recruitment consultant agency, is facing a California overtime class action lawsuit in the Superior Court of California over alleged violations of wage and hour laws.

Plaintiff Daniel J. is filing the California overtime lawsuit alleging the company failed to pay overtime; failed to provide proper meal periods; failed to provide rest periods; failing to provide accurate itemized wage statements; and failed to pay wages twice a month, among other violations.

According to the California overtime lawsuit, Daniel says that he was employed by Michael Page from March 2015 to July 2016. He says he was employed by the company to manage and inspect the production of certain aerospace parts throughout California.

However, he claims the company unlawfully engaged in these practices and failed to provide requirements as set federal and state labor codes and laws.

According to the California overtime lawsuit, Daniel along with the class members were asked to frequently work over eight hours per day and work over forty hours per week, but the pay never reflected overtime hours worked and in several instances, duties and tasks were done without pay and while off-the-clock.

Overview: California Overtime

Under California wage and hour laws, eight hours constitutes a day’s work and employment beyond eight hours in any workday or more than six days of work in any workweek triggers the requirement for overtime pay.

According to the Department of Industrial Relations, overtime is “[o]ne and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek …”

Therefore, whether the excess hours are authorized or not, California law requires that employers pay overtime.

Additionally, overtime pay must be paid no later than the payday for the next regular payroll period. According to Labor Code Section 204, only overtime wages earned can be delayed and paid on the payday of the following payroll period.

However, wages paid for non-overtime hours must still be paid within the time set under the appropriate Labor Code section. It must also be noted that an employee cannot waive his or her rights to overtime compensation. California law requires that an employee receive and be paid all overtime compensation regardless of any agreement to work for a reduced wage.

If an employer fails to pay an employee their overtime wages, they can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office) or they can file a lawsuit to recover their overtime wages in federal court.

However, not only is the failure to pay overtime wages a violation of California labor laws, there are also other violations as well that constitute violations of wage and hour laws. These violations include:

• Off-the-clock work
• Unpaid on-duty meal and rest breaks
• Improper deductions from salaried employees
• Failure to pay minimum wage
• Illegal tipping practices
• Improper calculation of the regular rate

The California Overtime Lawsuit is Case No. 8:18-cv-01328-JVS-DFM, in the Superior Court of California, County of San Francisco.

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