California Wage and Hour Class Action Lawsuit Filed

A California wage and hour class action lawsuit was filed against Amerigas Propane Inc. The class action lawsuit accused the company of several Fair Labor Standards Act (FLSA) violations including failure to pay all wages and overtime compensation.

The California wage and hour class action lawsuit was filed by named plaintiff Jeffrey S. who worked in a North California location of Amerigas. He filed the class action on behalf of himself and all other “drivers and/or delivery representative” employees who worked over the past four years, according to the California wage and hour complaint.

The FLSA was designed to protect California employee rights (in addition to other states). The plaintiff accused Amerigas of several labor law violations including “failing to pay wages for time spent responding to customer phone calls and putting on employee uniforms, failing to pay overtime premiums, failing to provide meal and rest periods, failing to maintain proper employee records, failing to provide accurate itemized wage statements for each pay period, and requiring, permitting, or suffering Plaintiff and Class Members to work off the clock.”

California Wage and Hour Laws

California labor laws require employers to give employees at least a 30-minute meal period if they work a full day (or two if they work more than 10 hours). The law requires that this meal period take place before the fifth hour of work.

The California wage and hour class action claimed that if meal periods were granted, that they were less than the amount of time required by law, that they were given after five hours of work, or they were interrupted. These missed meal times were allegedly not paid for.

California wage and hour laws also state that employees should be paid for all time worked. This includes the amount of time required in communicating for work (“calling customers to make arrangements for deliveries, to provide an estimated time of arrival, and/or to provide advice concerning gas leaks,” according to the California employee rights lawsuit.

The wage and hour class action lawsuit also alleged that the defendant “improperly failed to exclude holiday pay, vacation pay, and sick pay in determining the regular rate,” which led to the loss in pay for drivers such as the plaintiff.

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