This month, McDonald’s employees brought a class-action lawsuit against the fast food giant and one of its franchise owners for several wage and hour violations. The employees allege that the franchise owner did not pay them for every compensable hour they worked, did not pay proper overtime rates, did not allow them required breaks, and failed to provide them with mandatory payroll information regarding their rate of pay, hours, and wage deductions.
Employers in the United States are required to follow all the provisions of the Fair Labor Standards Act, which mandates a national minimum wage per hour and overtime pay for certain types of employees, among other things. In addition, California employers must follow state-specific labor laws regarding wages and hours, and these laws are enforced by the Division of Labor Standards Enforcement (DLSE) in the California Department of Industrial Relations. If an employer violates these laws, their employees may bring action against them in court to recover any denied wages to which they are entitled, or to impose a fine on the employer for other violations.
The state minimum wage in California is $8 per hour. While many states allow employees who receive tips to earn less than the minimum wage, California does not and all employees must be paid at least $8 per hour whether they take home additional tips or not. Additionally, many employees are entitled to 1.5 times their hourly pay for any time worked over 8 hours per day or 40 hours per week. Labor laws also require employers to allow their employees a 30 minute meal break for every five hours worked, as well as additional rest breaks depending on how many consecutive hours the employee works.
Though wage and hour laws are fairly straightforward, many employers fail to follow them. Common violations include:
- Failure to pay every employee minimum wage
- Failure to pay the proper overtime rate
- Not providing adequate breaks for the hours worked
- Not reimbursing employees for business expenses
- Failure to provide paystubs with the complete or correct payroll information
- Failure to pay double time for hours in excess of 12 hours in any workday
Contact Makarem & Associates for a free consultation
If you believe your employer has violated any California Labor Code laws, you could be entitled to significant compensation. The attorneys at Makarem & Associates are dedicated to holding employers responsible for violations of any labor laws, and helping our clients receive the maximum possible settlement. If you believe your employer has committed wage and hour violations, you should contact an experienced wage and hour attorney as soon as possible to discuss your case. Do not hesitate to call the law offices of Makarem & Associates today at 310.312.0299 or email us at [email protected].