Overtime Class Action Lawsuit Alleges Bluecrew Violated Labor Law
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In a California class action lawsuit, plaintiffs allege the company failed to provide employees with legally required meal breaks and rest periods, which resulted in inaccurate wages and overtime wages.
The Case: Michael Dela Cruz v. Bluecrew, LLC
The Court: San Francisco Superior Court of the State of California
The Case No.: CGC-22-602240
The Plaintiff: Michael Dela Cruz v. Bluecrew, LLC
The plaintiff in the case, Michael Dela Cruz, filed a class action lawsuit alleging that as a result of rigorous work schedules, he and other employees who qualify as California class members were sometimes unable to take their thirty-minute meal breaks and that at other times they were not fully relieved of work duties during the meal breaks they did take. According to court documents, the plaintiffs claim that their employer sometimes failed to provide workers with their second meal break when they worked over 10 hours in one shift.
When Do California Workers Get a Second Meal Break in One Work Shift?
In California, workers are generally entitled to a second meal break if they work a certain number of hours in a single work shift. The specific rules for meal breaks in California are as follows: one meal break (at least 30 minutes) for employees who work over 5 hours in one workday, and a second meal break (at least 30 minutes) for employees who work more than 10 hours in one workday with the second meal break provided no later than the end of the worker’s tenth hour or work. There are certain exceptions for specific industries, and employees can waive their second meal break if their total hours in the day do not exceed 12 hours (as long as they did not already waive their first meal break). When an employer does not provide an employee with the required meal break, the employee is typically required to pay the employee an additional hour at the regular pay rate for each day a meal break was not provided.
The Defendant: Michael Dela Cruz v. Bluecrew, LLC
The defendant in the case, Bluecrew, LLC, faced allegations of California labor law violations when an employee filed a class action complaint alleging that Bluecrew (and Bluecrew Staffing) allegedly:
Failed to pay minimum wage.
Failed to pay overtime wages.
Failed to provide legally mandated rest periods and meal breaks.
Failed to provide accurate itemized wage statements.
Failed to reimburse their employees for necessary work expenses.
Failed to pay sick pay wages.
Failed to pay wages when due.
The Case: Michael Dela Cruz v. Bluecrew, LLC
Did Bluecrew violate California labor law? In the case Michael Dela Cruz v. Bluecrew, LLC, California’s San Fransisco Superior Court had to consider the plaintiffs’ argument that the company’s standard practices violated California labor laws.
If you have questions about how to file a California overtime class action lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
