Sacramento, CA (Law Firm Newswire) January 29, 2016 – A former employee of Sansum Clinic filed a lawsuit alleging the company faked payroll records to circumvent paying overtime and did not allow workers legally mandated meal breaks.
A former employee of Sansum Clinic, who was paid by the hour, filed the lawsuit. Managers allegedly manually changed worker’s timecards to show they had taken a meal break within the first five hours of shifts starting and also altered the cards so that they did not show overtime.
“The lawsuit may ultimately involve up to 500 former and current workers,” said Sacramento, California, employment attorney, Deborah Barron, not involved in the case.
According to the company, they pay their workers the correct wages, which include overtime and they regard complaints seriously. These allegations are likely to be discussed in court, if the suit is not settled first. The statement of claim alleges supervisors and managers are told to restrict overtime and prevent workers from taking a lunch break. The preferred method to accomplish that appeared to be falsifying time and payroll records.
The California Labor Code (CLC) states workers are entitled, by law, to one hour of pay for every missed lunch break within the first five hours of work. The alleged violations committed by Sansum stated that employees were told to log off their computers if they worked overtime so there would be no record of the hours. However, all workers were expected to work without pay.
In California, according to Section 512 of the Labor Code, “an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.”
“Wage and hour class action lawsuits are often the only way to force an employer to comply with existing California labor laws,” said Barron. “While it should not be necessary to take legal action to be paid a fair wage in accordance with the law, often it is those who have the most to lose that are subjected to unfair labor practices.”
It appears a large number of well known California firms have been taken to court for similar violations of the state labor laws, such as 7-Eleven, Vons, Planetechs, Subway, Kindred Care and Zodiac Seat Shells.
“If you are in a situation where you are working off the clock, not getting meal breaks or rest breaks, as mandated by California law, come speak to me. I can outline your rights and inform you of what to expect if you chose to file a lawsuit to obtain withheld wages,” Barron said.
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