An appeal in a labor lawsuit has made it possible for the former employee of a California automotive glass repair company to create a class-action lawsuit.
The reversal by the Ninth Circuit Court of Appeals will likely lead to a fact-finding phase for the original plaintiff to determine if other current and former employees of the company experienced the same working conditions that he claims he experienced, according to industry news source GlassBytes.com.
The technician, who dealt with chipped and broken windshields and windows, claims that his former employer violated time and attendance requirements put in place by both the federal Fair Labor Standards Act and California state law. Specifically, the plaintiff alleges that he and other employees weren't paid overtime when it was earned and that meal periods weren't correctly provided.
Although the FLSA doesn't include a meal time component, California labor law includes a provision requiring workers putting in five or more hours in a shift to be given a 30-minute period to eat and rest, or be provided premium compensation if that break does not occur.
Businesses interested in staying compliant with state and federal labor law should consider using employee tracking software that creates necessary records and helps to ensure proper compensation.
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