Perfect Nutrition, Inc., a California Corporation, is facing a California overtime lawsuit filed by a former employee alleging that he had was unpaid for overtime hours he worked.
Plaintiff Lotfi L. maintains that he had been an employee of the company since March 1, 2008. Perfect Nutrition, according to the California overtime lawsuit, is a distributor of beverages, snack food products, and nutritional supplements. The corporation is also headquartered in Van Nuys, Calif.
According to the California overtime lawsuit, Lotfi says that he had been employed as a maintenance mechanic and route driver. He says that he worked for an hourly rate of $18 per hour. He would typically work most weeks for an excess of 40 hours per week and would be paid in cash for any overtime hours worked.
Lotfi says that for a week in February he worked approximately 54 hours, and was only paid $18 per hour for each of the 13.25 hours of overtime he worked, the California overtime lawsuit states. Lotfi claims that he was not paid for his overtime premium.
California Department of Industrial Relations
According to the State of California’s Department of Industrial Relations, eight hours of labor is considered a full day of work. Any time worked beyond eight hours in any workday and working more than six days in a workweek provides overtime compensation.
California’s Department of Industrial Relations states that overtime pay is compensated at “one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours.”
Overtime work is also compensated for “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.”
Additionally, the department maintains that any hours worked in excess of 12 hours in any workday constitutes a double pay rate. On the seventh day, a double pay rate compensation is provided for “all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”
Employment Class Action Lawsuits and FLSA
Employment class action lawsuits can seek proper wages on behalf of a large group of employees who have been wronged by an employer. To quickly speed up and simplify cases filed by employees, lawsuits can be grouped into class action lawsuits alleging wage and hour violations.
According to the Department of Labor, around 70% of employers are in violation of the Fair and Labor Standards Act (FLSA). This law was enacted to establish minimum wage, overtime pay, recordkeeping, and child labor standards. Regulations of wage and hour laws help curtail and minimize violations of the FLSA that harm employees.
The FLSA covers employment affecting part-time and full-time workers within the federal, state, and local governments. It also establishes regulations throughout the private sector.
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.
The California Overtime Lawsuit is Case No. 2:17-cv-08263-MWF-AFM, in the U.S. District Court for the Central District of California, Western Division.
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