In 2008, Los Angeles employment attorney Doug Silverstein filed a California class action lawsuit against Cemex, Inc. on behalf of a group of ready mix drivers who did not receive correct pay or proper meal and rest breaks. The complaint and our case showed that Cemex, Inc. violated the California Labor Code by failing to:
- Provide duty-free meal and/or rest periods
- Pay employees an additional hour of pay for each duty-free meal or rest period not provided for under California law
- Pay all wages due
- Pay the prevailing wage to employees who worked on public works projects
Under California employment law, your employer is required to allow you an unpaid meal break of at least 30 minutes as well as a 10-minute break for every four hours you work. During that time, you must not be asked to do any work pertaining to your job or employer. If you are, your meal period is considered to be “on-duty,” and you should be paid for that time.
In the case against Cemex, Inc., former employees claimed they were asked to work during their meal break, but not compensated for that time. The case was settled in favor of the plaintiffs who received compensation for the wages they should have received when asked to work during their meal breaks.
