Plaintiffs Antonio J., Wayne L., and Gregory B. have filed a wage and hour lawsuit against their former employers, MEC Development LLC, in California federal court.
The plaintiffs say they missed out on wages and benefits because they were not classified as non-exempt employees. They say they had worked for the defendants and now “bring claims for payment of overtime, liquidated damages, interest, and attorneys’ fees and costs under the Fair Labor Standards Act.” They file this lawsuit as a collective class action lawsuit in which all similarly situated individuals may join in.
In addition to claims under the FLSA, a law establishing minimum wage and overtime pay requirements, the plaintiffs also bring claims for violations of California state law for unpaid overtime compensations and restitution.
The claims brought forth could lead to statutory penalties, civil penalties, liquidated damages, and meal and rest break premium payments.
According to the non-exempt employees lawsuit, Antonio says that he worked as a logistician from May 2014 until September 2015. He worked at the defendant’s primary warehouse, located in Inyokern, Calif., between May 2014 and April 2015, and from May 2015 through September 2015 he worked at the defendant’s China Lake location.
Wayne, a resident and citizen of Louisiana, worked for the defendant in Kern County, Calif. He was employed by the defendant from October 2013 to September 2015.
Gregory, a citizen of California, had worked for the defendant between May 2014 and September 2015.
General Allegations According to Non-Exempt Employees Lawsuit
The non-exempt employees lawsuit alleges that the defendants have “improperly classified plaintiffs and the Class and Collection Action Members as “exempt” from the requirements of the FLSA and the Labor Code, thereby denying these employees proper wages and overtime compensation for hours worked in excess of eight (8) per day and forty (40) per week.”
Additionally, the plaintiffs claim that if MEC and classified the plaintiffs as non-exempt employees from the requirements set forth under the FLSA and Labor Code, they have failed in properly paying and compensating them proper wages and additional overtime pay.
Their lawsuit further states that the schedule for logisticians was a four day workweek with ten hour workdays. In working ten hours each day, they were “not provided uninterrupted meal periods or rest breaks or paid overtime for the additional hours worked over eight (8) in a day.”
Fair Labor Standards Act Facts
The Department of Labor states that approximately 70% of employers are in violation of the FLSA. Wage and hour class action lawsuits, therefore, help curtail and inhibit FLSA violations that harm employees.
Some common violations associated with the FLSA include: 1) misclassification of exempt employees, 2) independent contractor misclassification, 3) off-the-clock work, 4) unpaid on-duty meal and rest breaks, 5) improper calculation of the regular rate, 6) improper deductions from salaried employees, 7) illegal tipping practices 8) failure to pay minimum wage, and 9) failure to pay overtime.
In California, additional state labor laws come into play.
The Non-Exempt Employees Lawsuit is Case No. 1:17-cv-01394-AWI-JLT, in the U.S. District Court for the Eastern District of California.
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