Wal-Mart Stores Inc. is facing a wage and hour class action lawsuit filed by a dozen employees in California who allege they were misclassified by the retail giant to avoid paying them overtime.
Filed in Los Angeles, the California overtime class action lawsuit alleges that Wal-Mart misclassified its Asset Protection Coordinators as exempt from overtime while paying them on a salary basis. However, the duties of Asset Protection Coordinators are not exempt, according to the California overtime lawsuit.
“Plaintiffs are informed and believe . . . that defendants engaged in a uniform policy and systematic scheme of wage abuse against their ‘asset protection coordinators,’ “the Wal-Mart California wage and hour class action lawsuit claims.
According to the unpaid overtime class action lawsuit, Wal-Mart knew or should have known that the Asset Protection Coordinators were entitled to overtime wages. Additionally, it contends that the failure of the world’s largest retailer to provide its workers with the required rest and meal breaks violates the Industrial Welfare Commission Wage Orders.
“Defendants knew or should have known that they had a duty to compensate plaintiffs pursuant to California law and . . . defendants had the financial ability to pay such compensation, but willfully, knowingly and intentionally failed to do so, and falsely represented to plaintiffs that they were properly denied wages, all in order to increase defendants’ profits,” the California overtime lawsuit states.
According to the Wal-Mart wage and hour lawsuit, California labor code states that an employer can’t require that an employee work for a period of more than eight hours in a day without meal breaks and without compensating the worker at a rate of time-and-a-half or double their pay if they work overtime hours.
The Wal-Mart California overtime lawsuit requests that the court to declare that Wal-Mart violated the California Labor Code, and order the company to pay general unpaid overtime and rest break wages, prejudgment interest, attorneys’ fees and any other damages deemed appropriate.
California Labor Law Violations
Employees working for employers that operate their businesses in the State of California are entitled to workers’ rights, especially with regard to matters concerning the state’s labor laws.
The Fair Labor Standards Act (FLSA) and several California state laws govern the rights of employees to fair wages and safe working conditions. Employers who cut corners and disregard these rights can be held legally accountable by employees and may face stiff penalties.
Unpaid Overtime. Under California labor laws, overtime pay is based on hourly wages, salaries, shift differentials, non-discretionary bonuses and commissions. Failure to include those when determining overtime pay is an overtime violation.
In California, most workers are entitled to overtime for all work past eight hours in a day or 40 hours in a week, or for work performed on a seventh consecutive day.
Meal and rest break violations. Labor laws in the state of California also prohibit employers from putting pressure on employees to shorten, interrupt, or work through their meal periods. California labor laws also prohibit employers from requiring employees to work during meal or rest periods.
For example, if an employee has been working for more than five hours in a single workday, he or she is entitled to one 30-minute meal period or a 10-minute break for every 4 hours worked. A penalty of an additional hour of pay at a regular rate must be given by employer for every day it failed to provide a meal or rest break.
If you feel that your employer has violated state or federal employment laws, you may qualify for damages that may be awarded in a possible wage and hour class action lawsuit or civil action lawsuit.
The Wal-Mart California Overtime Class Action Lawsuit is Banks et al v. Wal-Mart Stores Inc., Case No. BC593584, in the Superior Court of the State of California for the County of Los Angeles.
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If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.
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