Are you a California worker who is required to be on call for various shifts? Does it irk you to know that you cannot do the things you would normally be doing because you may have to hustle into work if somebody calls in sick at the last minute, or if there is an unexpected need for you for any other reason? Surely, at least you are paid to be on call, right? Well, no. Actually, there are more than a few employees who are unpaid for the time they spend on-call. If you are one of them, take note: Recent cases filed in California courts may definitively answer the question of whether or not on-call employees should be paid for their time. The suits address additional labor violations, as well. California courts will be addressing matters related to on-call requirements, meal and rest breaks, and other expected assignments for workers who are off the clock. If you are experiencing problems with your employer related to wage and/or labor violations, it may be to your advantage to contact a local employment attorney.
Starbucks/Evolution Fresh Lawsuit
Walter Savinovich is seeking class-action status for his suit against coffee giant Starbucks and its subsidiary, Evolution Fresh, claiming California’s wage and labor laws are being violated. If granted, the suit will encompass up to 80 employees who are, or have been employed by the company over the past four years.
As a delivery driver for Evolution Fresh, Savinovich was required to be on-call without pay on a regular basis. He and other drivers were expected to use company phones to check in with managers before their shifts and after clocking out. But this was only one source of consternation.
The lawsuit claims that workers were regularly denied the 30-minute uninterrupted meal breaks required for employees who work five-hour shifts. Even so, the company deducted pay for those breaks. Additional breaks for employees who worked 10-hour shifts had the same issues.
Trunk Club Lawsuit
The Los Angeles Trunk Club, which is owned by Nordstrom, is under fire for similar wage and labor violations. A suit filed in July of 2017 seeks class-action status, with the potential to represent hundreds of employees of the company.
Darius Rowser contends that the personal-styling service permitted, and even required employees to work off the clock. Specifically, workers were expected to participate in training sessions, attend events, contact clients, and complete independent study and homework on their own time, outside of regular shiftwork. Beyond these claims, the suit alleges that Trunk Club refused overtime pay, neglected to provide legally required rest breaks and meal periods, and failed to reimburse employees for business expenses.
Can You Relate?
If these situations mirror your own situation, there is a possibility that your employer is violating state or federal laws regarding your employment. The fact is, you do not have to take it. Big corporations have basic responsibilities toward their employees, and when those responsibilities are not met, the legal system is in place for workers like you. The experienced legal team at HKM is here to defend your rights and will provide an initial consultation to dig in to your situation. Contact us today in Los Angeles.