School District Sued for Failure to Pay Overtime

A school district employee has recently filed a lawsuit against her employer claiming failure to pay overtime.

Plaintiff Dawn T. has filed a lawsuit against Oro Grande School District, located near Victorville, Calif. She alleges that she was a non-exempt employee who was hired to work eight-hour days and forty hour weeks for 222 days a year.

She claims that she did not have personnel management duties. Dawn was not part of a union and was not a teacher for the school district, according to this failure to pay overtime lawsuit.

Dawn claims that due to her workload, “it was impossible to complete all of her responsibilities without missing breaks, meals, staying some days until after 10:00 pm, and taking work home.”

Her wage and hour lawsuit alleges that she did not have internet capability at home and could not complete the tasks that the school district wanted her to perform without missing breaks or staying until late at night.

The administrators that worked with Dawn, she claims, knew that she was forced to work like this, yet did not pay her for hours worked. Dawn alleges that this failure to pay overtime occurred from July 1, 2011 through July 21, 2015.

The school district’s alleged failure to pay overtime to Dawn falls under the FLSA, or Fair Labor Standards Act. Under the FLSA, workers are protected against employers who might take advantage of them with failure to pay overtime or who might not give them proper meal and rest breaks.

Dawn claims that the Oro Grande School District did not pay her for overtime worked beyond a forty hour work week, nor did they pay her for mandatory employee training. She alleges that her employers required her to work “off the clock” without being paid and required her to clock in before her shift began.

This failure to pay overtime lawsuit also alleges that she was misclassified as exempt when she should have been non-exempt. Furthermore, the legal claim says Dawn improperly received a “management” title.

Allegedly, she was also not paid for “donning and doffing” time, which is the time required by an employer to put on and take off employee uniforms.

According to this failure to pay overtime lawsuit, Dawn says that she was forced to take work home, to work through lunch, and to perform mandatory job-related “voluntary” work.

This failure to pay overtime lawsuit claims that Dawn “has suffered financial damages, a loss of property, a loss of credit standing, loss of vehicles, and isemotional upset from being intentionally deprived of the wages she is lawfully owed.”

Her failure to pay overtime lawsuit alleges that under the FLSA, she is entitled to all the overtime for which the school district did not pay her. She claims the school district “willfully violated the FLSA.”

This Failure to Pay Overtime Lawsuit against the Oro Grande School District is Case No. 5:17-cv-01787-JGB-KK in the United States District Court for the Central District of California.

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