Have you been forced to work through a lunch break or rest period?
Keep in mind, employees in California are entitled to a 30-minute meal break when they work at least five hours, two unpaid 30 minute meal breaks when they work at least 10 hours and a 10 minute on-the-clock rest period for every four hours worked. Employees who do not receive these breaks may be entitled to back wages.
With this in mind, updating a blog we brought you previously, Apple has been denied in its attempt to appeal the class action lawsuit brought on by employees who claim the company denied them legally required breaks at work.
According to PCMag, former Apple employees claim that they are owed unpaid back wages in the lawsuit, which was filed in December 2011. In July 2014, Apple sought to appeal the decision of a court to allow it to move forward as a class action case; however, a three-judge panel in California’s Superior Court denied this appeal.
According to attorneys, the alleged violations may have affected as many as 21,000 workers. Apple was also accused of failing to provide employees with accurate, itemized wage statements.
Should I Sue My Employer for Back Wages?
If you have worked more than 40 hours in a workweek and were not paid overtime wages, or you have been forced to work through breaks (these two items go hand-and-hand), your employer may be violating labor laws and participating in wage theft.
Employers that fail to pay overtime wages or who are found in violation of mandatory break laws are liable for all unpaid wages, plus an equal amount of damages and attorney fees and costs.
Our labor lawyers can help you determine if you are entitled to back wages from your employer. We offer free consultations and can evaluate the strengths of any potential case. Keep in mind, as we reported last week, class action lawsuits are a great way to hold a business liable for wage claims.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys
Did You Know? An employer that denies meal breaks may be forced to pay an employee one hour’s worth of pay for every day a break was denied.