Did Cen Cal Builders & Developers Fail to Provide Workers with Legally Required Breaks?

In recent news, Cen Cal Builders & Developers faced numerous labor law violation allegations.

The Case: Evangelina Lozano v. Cen Cal Builders & Developers

The Court: Fresno County Superior Court of the State of California

The Case No.: 23CECG04411

The Plaintiff: Evangelina Lozano v. Cen Cal Builders & Developers

The plaintiff in the case, Evangelina Lozano, was employed by the defendant from September 2022 through November 2022. Lozano was classified as a non-exempt hourly employee, which made her eligible for the protections of California labor laws and federal labor laws, including the right to legally mandated off-duty meal breaks and rest periods, minimum wages, accurate overtime wages, accurate itemized wage statements, etc.

The Defendant: Evangelina Lozano v. Cen Cal Builders & Developers

The defendant in the case, Cen Cal Builders & Developers, operates a general contracting business throughout California, including Fresno, where the plaintiff worked. According to the plaintiff, Cen Cal Builders & Developers failed to pay minimum wage, pay overtime wages, provide meal breaks and rest periods, provide accurate itemized wage statements, provide wages when due, and reimburse workers for necessary business expenses.

When Do Employers Need to Provide Meal Breaks and Rest Periods?

California law requires that employees provide their non-exempt employees with one unpaid 30-minute meal break and two paid 10-minute (minimum) rest breaks during each 8-hour shift, with employees receiving their off-duty meal break before the end of their fifth hour of work. Employees working a 2-4 hour shift should receive one paid 10-minute rest break. Employees who work 10 hours or more should receive three paid, ten-minute rest periods. Employees who cannot take their breaks are to be compensated in compliance with labor law.

The Case: Evangelina Lozano v. Cen Cal Builders & Developers

In Evangelina Lozano v. Cen Cal Builders & Developers, Lozano alleges that the general contractor’s policies and practices for meal breaks and rest periods violated labor law. Additionally, the violation of meal break and rest period regulations created wage and hour violations that allegedly left employees uncompensated for all their hours. The Cen Cal Builders & Developers class action lawsuit is pending in the Fresno County Superior Court in California.

If you have questions about how to file a California wage and hour 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.

Did San Francisco Aids Foundation Violate California Labor Law?

In recent news, plaintiffs in a lawsuit claim that the San Francisco Aids Foundation violated California labor law.

The Case: Andrew Ellenberg-Wiley v. San Francisco Aids Foundation

The Court: San Francisco County Superior Court of the State of California

The Case No.: CGC-23-609040

The Plaintiff: Andrew Ellenberg-Wiley v. San Francisco Aids Foundation

The plaintiff filed a class action complaint against San Francisco Aids Foundation for allegedly failing to provide employees with timely, off-duty meal breaks and rest periods. Ellenberg-Wiley was employed by the San Francisco Aids Foundation from September 2021 through October 2022. As a non-exempt, hourly employee, Ellenberg-Wiley was entitled to the protections of California Labor Law and federal labor laws, including legally required meal and rest periods, minimum wage payment, and accurate overtime wages for all overtime hours worked.

The Defendant: Andrew Ellenberg-Wiley v. San Francisco Aids Foundation

The defendant in the case, San Francisco Aids Foundation, is a California nonprofit corporation operating sexual health clinics throughout California, including the San Francisco location where Ellengerg-Wiley worked. The organization faces several allegations in the Ellenberg-Wiley’s class action lawsuit, including:

• failing to provide legally required meal and rest periods

• failed to compensate workers for missed meal breaks and rest periods accurately

• failed to compensate workers for all time worked

• failed to provide compensation for off-the-clock work

• failed to pay overtime at the correct regular rate of pay

• failed to provide meal rest premiums at the regular rate

• failed to reimburse employees for necessary business expenses

• failed to provide workers with accurate itemized wage statements

The Case: Andrew Ellenberg-Wiley v. San Francisco Aids Foundation

The lawsuit alleges San Francisco Aids Foundation violated the California Labor Code by failing to pay employees for all of their time worked. The San Francisco Aids Foundation class action lawsuit is pending in the San Francisco County Superior Court.

If you have questions about how to file a California wage and hour 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.

Catholic Charities Facing Allegations of Labor Law Violations

In recent news, Catholic Charities of the Diocese of Santa Rosa (from now on, "Catholic Charities") faces allegations of labor law violations.

The Case: Kimberlee Keller v. Catholic Charities of the Diocese of Santa Rosa (from now on, "Catholic Charities")

The Court: Sonoma County Superior Court of the State of California

The Case No.: 23CV00371

The Plaintiff: Kimberlee Keller v. Catholic Charities

The plaintiff in the case, Kimberlee Keller, claims Catholic Charities violated numerous labor laws.

The Defendant: Kimberlee Keller v. Catholic Charities

The defendant in the case, Catholic Charities, faces allegations of violating California Labor Code Sections §§ 201, 202, 203, 204, 210, 226, 226.7, 246, 510, 512, 558, 1194, 1197, 1197.1, 1198 and 2802. According to the plaintiff, the defendant failed to:

• pay minimum and overtime wages

• provide legally required meal breaks and rest periods

• provide employees with wages when due

• provide employees with accurate itemized wage statements (listing applicable wage rates and hours worked)

• reimburse employees for required business expenses

The Case: Kimberlee Keller v. Catholic Charities

The combination of rigorous work schedules and unlawful business practices and policies, workers for Catholic Charities were allegedly unable to take off-duty meal breaks. When they did take their meal breaks, they were not fully relieved of job duties. Instead, they were interrupted from time to time during meal breaks to complete tasks for the company. In addition, employees were allegedly not provided with their rest periods as required by law. The class action lawsuit is currently pending in the Sonoma County Superior Court of the State of California.

If you have questions about how to file a California meal break and rest period 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.

Allegations Claim 7-Eleven Failed to Provide Workers with Required Breaks

In recent news, 7-Eleven faces allegations that they failed to provide workers with legally mandated rest breaks and meal periods.

The Case: Crystal Jourden v. 7-Eleven, Inc. (7-Eleven)

The Court: San Diego County Superior Court of the State of California

The Case No.: 37-2023-00045550-CU-OE-CTL

The Plaintiff: Crystal Jourden v. 7-Eleven, Inc. (7-Eleven)

The plaintiff in the case, Crystal Jourden, filed a class action against 7-Eleven, alleging the failure to provide employees with meal and rest breaks in compliance with labor law. According to the plaintiff, the workers’ rigorous work schedules and 7-Eleven’s staffing practices and uniform policies and procedures left employees unable to take their off-duty meal breaks and rest periods. When they took a meal break, employees were allegedly not relieved of their job duties. According to the plaintiff, workers might be interrupted during their off-duty meal break to complete tasks for the company. The plaintiff claims that the forfeiture of meal breaks and rest periods did not result in additional compensation from 7-Eleven. Jourden was employed at a San Diego 7-Eleven location from April 2020 through May 2023 as an hourly, non-exempt employee.

The Defendant: Crystal Jourden v. 7-Eleven, Inc. (7-Eleven)

The defendant in the case, 7-Eleven, is a Texas corporation that operates several convenience stores throughout California, including one in San Diego County, where Jourden worked. According to the wage and hour lawsuit, 7-Eleven allegedly violated California Labor Code Sections §§ 201, 202, 203, 204, 210, 226, 226.7, 246, 510, 512, 558, 1194, 1197, 1197.1, 1198 and 2802 when they failed to:

• pay minimum wages

• pay overtime wages

• provide required meal and rest periods

• provide wages when due

• provide accurate itemized wage statements

• reimburse for required business expenses

The Case: Crystal Jourden v. 7-Eleven, Inc. (7-Eleven)

The plaintiffs filed a class action complaint against 7-Eleven for allegedly failing to provide meal and rest breaks for workers. Additionally, the lawsuit alleges that 7-Eleven violated the California Labor Code when meal break and rest period violations resulted in a failure to provide payment for all the hours their employees worked. The case is currently pending in the San Diego County Superior Court of the State of California.

If you have questions about how to file a wage and hour 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.

Workers Claim Uglyfighters dba Harley Davidson Didn’t Provide Meal and Rest Breaks

In recent news, Harley Davidson faces allegations that they violated labor law by failing to provide workers with legally required meal and rest periods.

The Case: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The Court: Los Angeles County Superior Court of the State of California

The Case No.: 23CHCV02986

The Plaintiff: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The plaintiff in the case, Daniel Rivas, alleges that Uglyfighters Motorcycles, LLC (dba Harley Davidson) engaged in a practice and pattern of wage and hour violations to decrease the company's employment-related costs. Rivas was employed at one of the defendant's California locations from March 2022 through March 2023. He was partly paid an hourly wage and party non-discretionary bonuses and commissions. Due to his employment status, Rivas was entitled to legally required meal and rest periods and payment of minimum and overtime wages for all the hours he worked.

The Defendant: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The defendant in the case, Uglyfighters Motorcycles dba Harley Davidson, owns and operates motorcycle dealerships throughout California. The company allegedly failed to provide accurate employee wages for all the time worked. According to the plaintiff's claims, the company's systematic violations of California wage and hour laws included:

• Failing to provide employees with compliant meal breaks and rest periods

• Failing to offer breaks and rest periods free of job duties

• Failing to pay all wages due (minimum wage, sick pay, regular pay, and overtime pay)

• Failing to pay employees within seven days of the payroll close date

• Failing to pay employees for all the hours they worked

• Failing to maintain accurate records

• Failing to reimburse employees for necessary business expenses

• Failing to provide accurate itemized wage statements

• Failing to provide wages in a timely manner

• Failing to timely pay wages upon termination of employment

The Case: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The lawsuit alleges that Uglyfighters Motorcycles dba Harley Davidson violated the California Labor Code by failing to pay their employees for all their hours. As a result of the workers' rigorous work schedules and the company's inadequate staffing practices, plaintiffs claim they were regularly unable to take their thirty-minute off-duty meal breaks. Additionally, when workers did take a meal break, they were often not relieved of work duties during the break. (Of note: the nature of the work performed does not qualify for the limited and narrowly construed "on duty" meal period exception). For example, workers were often required to stay on-site during their meal break, or if they left the job site, they were required to be accessible by phone/text to manage work-related communications. Workers were also regularly not provided with rest periods as required by labor law, and employees were not reimbursed for allegedly necessary business expenses for cell phones, home computers, and internet. The plaintiffs' claims were all necessary to complete their required job duties. Additionally, employees should have been provided with itemized, accurate wage statements. For example, the company often included Vacation Pay, Sick Pay, and Personal Day Pay in the computation of total hours worked, which violates California Labor Law.

If you have questions about how to file a wage and hour 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.

Staffing Solution Company Faces Overtime Violations Class Action Allegations

In recent news, Libra Staffing and Samuel Hale face class action allegations. Plaintiffs allege the company engaged in wage and hour violations and overtime violations.

The Case: Aurora Gonzalez v. Libra Staffing Inc. and Samuel Hale, LLC

The Court: Los Angeles County Superior Court

The Case No.: 23STCV25896

The Plaintiff: Aurora Gonzalez v. Libra Staffing Inc. and Samuel Hale, LLC

The plaintiff in the case, Aurora Gonzalez, filed a class action complaint against the defendant, citing overtime pay violations. Gonzalez was employed by the defendants in April 2022 and worked for them through May 2022. Gonzalez was paid on an hourly basis as a non-exempt employee and, as such, was entitled to all legally required meal breaks and rest periods as well as the payment of minimum wage for all hours worked and overtime wages as outlined by labor law for all hours worked over 8 in one day or 40 in one workweek.

The Defendant: Aurora Gonzalez v. Libra Staffing Inc. and Samuel Hale, LLC

The defendant in the case, Libra Staffing Inc. and Samuel Hale, LLC, is a Florida limited liability company that conducts a substantial amount of business in Los Angeles County, where the plaintiff works. Samuel Hale operates a professional employer organization that provides various business services, including administrative tasks, payroll services, benefits administration, etc. Libra Staffing and Samuel Hale are listed as joint employers of Aurora Gonzalez in Aurora Gonzalez v. Libra Staffing Inc. and Samuel Hale, LLC. Gonzalez’s class action complaint alleges that Libra Staffing and Samuel Hale utilized uniform policies and practices that failed to compensate employees for all their hours worked fully.

The Allegations: Aurora Gonzalez v. Libra Staffing Inc. and Samuel Hale, LLC

According to the class action allegations, the defendant failed to provide legally compliant meal and rest periods, failed to compensate employees for missed meal and rest periods accurately, failed to provide payment for all hours worked, failed to compensate employees for off-the-clock work, failed to pay workers for overtime hours at the correct regular rate of pay, failed to pay workers meal rest premiums at the regular rate, failed to reimburse workers for business expenses, and failed to issue accurate itemized wage statements to their employees (showing hourly wage rates applicable during the designated period, and all hours worked). Plaintiffs in the case argue that the defendant's uniform practices and policies were purposefully designed to avoid full payment for workers for all hours worked, which was economically damaging to workers while allowing the company to create an unfair advantage over competitors in compliance with labor laws.

The Case: Aurora Gonzalez v. Libra Staffing Inc. and Samuel Hale, LLC

Gonzalez filed the wage and hour and overtime pay class action seeking relief for herself and members of the class who were economically injured due to the defendant’s uniform practices and policies about payroll record-keeping practices, wage payment, and overtime pay calculation policies. The case is currently pending in the Los Angeles County Superior Court of the State of California.

If you have questions about how to file an overtime complaint, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced California employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Henley Pacific, Devon Industries and JDL Tech Face Wage and Hour Allegations

In recent news, Henley Pacific, Devon Industries, and JDL Tech face wage and hour allegations. Did they fail to provide their workers with payment for the hours they worked?

The Case: Devin Moore v. Henley Pacific, Devon Industries and JDL Tech

The Court: San Diego County Superior Court of the State of California.

The Case No.: 37-2023-00047610-CU-OE-CTL,

The Plaintiff: Devin Moore v. Henley Pacific, Devon Industries and JDL Tech

Devin Moore, the plaintiff in the case, filed a class action complaint against Henley Pacific LA LLC, Henley Pacific LLC, Henley Pacific RE LLC, Henley Pacific SD LLC, Henley Pacific South LLC, Devon Industries, Inc., and JDL Tech USA LLC. Moore alleged the company failed to provide employees with timely, off-duty meal breaks and rest periods.

The Defendant: Devin Moore v. Henley Pacific, Devon Industries and JDL Tech

The defendant in the case, Henley Pacific, Devon Industries, and JDL Tech, faces allegations of violating California labor law. Under California law, employers must pay employees no less than minimum wage on their established payday for the period designated, and they must pay them for all hours they worked during the payroll period. According to the court documents, the defendant allegedly required workers to work before clocking in for their shift and after clocking out from their shift. They also allegedly required workers to perform job duties during their off-duty meal breaks and rest periods. Plaintiffs claim the company did not compensate for the time employees worked while off the clock or during their breaks. By failing to track all the employees’ work hours, the company failed to provide minimum wage for all hours worked, pay employees accurately for overtime, etc.

The Case: Devin Moore v. Henley Pacific, Devon Industries and JDL Tech

According to the wage and hour lawsuit, the defendants allegedly violated California Labor Code Sections §§ 201, 202, 203, 204, 210, 226, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, and 2802 by failing to:

1. pay minimum wages

2. pay overtime wages

3. provide required meal breaks and rest periods

4. pay wages when due

5. provide accurate itemized wage statements

6. reimburse employees for required expenses

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. 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.