Action Brought for Alleged Overtime and Minimum Wage Violations

Michael Eyerly

Attorney

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California wage and hour laws allegedly violated by failure to pay overtime or minimum wages to janitorial workers.

Breaking rocks for the man. As many as 300 workers were allegedly paid as little as $50 a day for working 10-hour shifts and seven day work-weeks by two Southland janitorial services companies. But isn't that illegal. Yes it is.

To begin, as of January 1, 2008 the minimum wage for California workers will be $8.00 per hour. Further, California wage and hour law generally provides that non-exempt employees work no more than eight hours a day and no more than forty hours a week. For each hour worked beyond eight hours a day or forty hours a week an employee is to receive pay at a rate equal to 1.5 times his usual hourly rate. Lastly, an employee is entitled to a ten minute rest period for every four hours worked and at least a thirty minute meal break when the work period is more than five hours. If an employer fails to provide a rest period or meal break, the employee must be compensated in an amount equal to one hour of pay.

The janitorial services allegedly attempted to avoid complying with these employee wage and hours laws by classifying workers as "independent contractors." Generally, if the employer has control or the right to control the worker both as to the work done and the manner in which it is performed the worker is an employee, not an independent contractor, and must be afforded the rights and protections provided to employees under California law.

And, remember, it is illegal for an employer to retaliate against an employee who asserts a wage and hour claim.