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QUESTIONS AND ANSWERS REGARDING CALIFORNIA OVERTIME
AND MEAL/REST BREAK COMPENSATION CLASS ACTION LITIGATION
1. What is a class action case?
2. Is a lawsuit a class action when it is filed?
3. What is the “executive” exemption
that employers use to avoid paying overtime compensation?
4. How can I get overtime pay if my employer told
me I was an “exempt” employee?
5. How far back can employees collect back wages
due?
6. What type of rest/meal break violations result
in class actions?
7. Is there any other potential recovery other
than overtime or rest/meal break compensation in these lawsuits?
8. Does a lawsuit cover only former employees?
9. What if there are no records of my time?
10. If the lawsuit proceeds as a class action, and
if damages are awarded, how will individual damages be determined?
11. Does your firm have any experience in this
area?
12. Where can I get additional information?
Q:
What is a class action case?
A: A class action is a way that one or
more individuals may file a lawsuit on behalf of a group or class
of many individuals.
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Q:
Is a lawsuit a class action when it is filed?
A: No. Following filing of the lawsuit
and the gathering of information, we will seek “class certification”
from the court. If class certification is granted, the case will
then either proceed to trial as a class action or settle out of
court.
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Q:
What is the “executive” exemption that employers use
to avoid paying overtime compensation?
A: The executive exemption applies to
white-collar employees who (1) have management as their primary
duty, (2) direct the work of two or more full-time employees, (3)
have the authority to hire and fire or make recommendations regarding
decisions affecting the employment status of others, (4) regularly
exercise a high degree of independent judgment in their work, (5)
are paid a salary, and (6) do not devote more than 50% of their
time to non-management functions.
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Q:
How can I get overtime pay if my employer told me I was an “exempt”
employee?
A: Under California Law, the test of
whether an employee is entitled to overtime pay is not how the employer
chose to classify its employees. Rather, California law considers
employees exempt as noted above (and therefore ineligible for overtime
pay) only if the employer can prove the employee spent more than
50% of his or her work time engaged in activities like managing,
directing, supervising, training and delegating work to subordinate
employees. California law considers these duties to be primarily
“intellectual, managerial, or creative.” Almost all
other employees, regardless of whether they are paid salary or hourly,
are entitled to overtime pay. For example, waiting on customers
and stocking merchandise in a retail store a majority of the time
entitles employees to overtime compensation.
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Q: How
far back can employees collect back wages due?
A: California law allows employees to
go back at least three (3), and sometimes four (4), years to recover
unpaid overtime from the filing of a lawsuit. Assuming an employer
has not or does not change the work duties of its employees, and
we are successful in the litigation, the company’s liability
may continue to increase following the filing of the complaint.
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Q:
What type of rest/meal break violations result in class actions?
A: A California employer is required
to provide its employees rest and meal breaks. Failure to do so
creates a liability of one hour of pay for each missed break.
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Q:
Is there any other potential recovery other than overtime or rest/meal
break compensation in these lawsuits?
A: Yes. Under California law, if an employer
is found to have willfully failed to properly compensate its employees,
then there is the possibility of penalties amounting to up to 30
days of wages for all former employees. In addition, interest on
unpaid wages and attorney fees is also available.
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Q:
Does a lawsuit cover only former employees?
A: No. If we are successful in obtaining
class certification, then the lawsuit will cover all present and
former employees.
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Q:
What if there are no records of my time?
A: The burden is on an employer to maintain
accurate time records for non-exempt employees, not the employee.
Where such records are not kept by an employer, reasonable estimates
by the employee of overtime hours spent or rest/meal breaks missed
are generally acceptable.
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Q:
If the lawsuit proceeds as a class action, and if damages are awarded,
how will individual damages be determined?
A: While there are no guarantees, if
the plaintiffs prevail and if damages are awarded, the usual method
in these types of cases is for the employees to estimate the number
of overtime hours they worked for which they were not properly compensated
and/or how many rest/meal breaks they were not provided.
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Q:
Does your firm have any experience
in this area?
A: Yes. Over the last eight years, Anticouni
& Associates has obtained over $75,000,000.00 in compensation
for California employees. The vast majority of these recoveries
have been in wage and hour class actions. The firm has settled more
than 30 wage and hour class action cases for California employees.
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Q:
Where can I get additional information?
A: You may fill out our Contact Form
and an attorney or legal assistant will review your information.
Additionally, you may contact Anticouni & Associates at (805)
962-0467 or (800)551-9018. Please inform the receptionist that you
are calling about a class action litigation and you will be connected
with an attorney or legal assistant.
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