Dan Elliot’s Roofing Company Faces California Labor Law Violations Lawsuit

Dan Elliot’s Roofing Company faces a recent wage and hour violations lawsuit in the U.S. District Court for alleged California labor law violations.

Plaintiff Jose V. files the California labor law violations lawsuit demanding jury trial. The lawsuit was filed on May 29, 2018. Daniel E., the owner and supervisor of the company, also faces Jose’s claims.

According to the California labor law violations lawsuit, he accuses the Roofing Company of failing to pay him overtime for all hours worked, according to the California Labor Code. He also alleges the company of failing to pay him minimum wage and for failure to provide accurate pay stubs and records.

The California labor law violations lawsuit also adds other accusations against the company, such as that they failed to pay wages at the end of employment, resulting in waiting time penalties, and for Violation of California Business and Professions Code.

According to the California labor law violations lawsuit, Jose worked for the company as a roofer. He says that his workweek included working Monday through Friday between the hours of approximately 8:00 a.m. to 4:00 and 6:00 p.m. He worked an average of two Saturdays per month where he would work for six hours. He says that he estimates that on average he worked five hours per week of overtime.

Overview: California Labor Law Violations

The Fair Labor Standards Act (FLSA) and state laws were enacted to help protect workers against wage and hour violations. Some of these violations include employees who were denied overtime pay and proper minimum wage. Employees who were denied these rights are eligible to file California labor law violations lawsuits against their employers for unpaid wages.

According to the Department of Labor (DOL), almost 70 percent of employers violate the FLSA. The DOL states that “[t]he FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and Local governments.”

Thus, the FLSA helps protects workers against minimum wage and overtime hour violations. This includes other violations as well, however. Some common violations committed by employers may also include:

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

Employees and workers who believe that they have been improperly treated and that their employers have violated state and federal labor laws have the right to file wage and hour lawsuits against their employers.

As employees learn their rights, an increasing number of wage and hour violation lawsuits have been filed in recent years. The most common outcome of a California labor law violations lawsuit is the awarding back of unpaid overtime and minimum wage, also known as back pay, to employees. Other recoveries also made possible through the filing of wage and hour lawsuits include amounts equal to attorney fees, court costs, and liquidated damages.

While employees typically have a statute of limitations to file their alleged claims within a span of two years for FLSA violations, willful violations have a filing deadline of three years, according to FLSA regulations.

The California Labor Law Violations Lawsuit is Case No. 5:18-cv-03191-HRL, in the State of California Superior Court, Santa Clara County.

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