ABOUT THE LAWSUIT
Case Background
On December 30, 2020, a proposed class action lawsuit was filed against Coastal Development Services Foundation dba Westside Regional Center ("Westside") in the Los Angeles Superior Court by a former employee, on behalf all non-exempt (non-management) employees who worked for Westside, either remotely or at the Westside Regional Center, while subject to an "Alternative Workweek Schedule" (i.e. regularly scheduled to work more than 8 hours in a 24 hour period; example: 4/10 or 9/80 schedule), at any time during the period of December 30, 2016 to the present. (the proposed "Class” and/or "Class Members"). (Yesenia Lopez, et al. v. Coastal Developmental Services Foundation, et al., L.A. Case No.: 20STCV49772)
In the lawsuit, the proposed Class Representative alleges, among other things, that Westside: (1) did not pay all earned overtime; (2) did not pay all earned wages for all hours worked; (3) did not timely pay all earned wages; (4) did not pay all accrued wages when employment ceased; (5) did not provide lawful wage statement (paystubs); (6) did not permit employees to take their statutorily entitled 10 consecutive minute, uninterrupted, rest breaks; (7) did not provide employees the opportunity to take their statutorily entitled 30 consecutive minute, uninterrupted, meal breaks; (8) not reimbursing employees for all expenses incurred in performing their work for Westside; and (9) engaging in unlawful business practices. Further, it is alleged that Defendant's violations of California labor law warrant the imposition of civil penalties against the employer pursuant to the Private Attorney General Act (PAGA).
Through the lawsuit, the proposed Class Representative is trying to recover all unpaid wages, premium compensation (i.e. 1 hour of pay for each rest period not permitted and/or each meal period not provided); liquidated damages; unreimbursed expenses; interest; statutory penalties, civil penalties, costs, and attorney’s fees, from Westside on behalf of all of the proposed Class Members. Moreover, through the lawsuit, the Class Representative is seeking an injunction to prevent Westside from continuing to commit its alleged violations of California labor laws.
THE LAW
CALIFORNIA LAW REQUIRES WESTSIDE TO PAY YOU 1 AND 1/2 TIMES YOUR REGULAR RATE OF PAY FOR EACH SHIFT YOU WORK IN EXCESS OF 8 HOURS IN A GIVEN DAY OR 40 HOURS IN A GIVEN WEEK. FURTHER, WESTSIDE REGIONAL IS REQUIRED TO PAY YOU TWICE YOUR REGULAR RATE OF PAY FOR EACH SHIFT YOU WORK IN EXCESS OF 12 HOURS IN A GIVEN DAY OR IN EXCESS OF 8 HOURS ON A SEVENTH CONSECUTIVE DAY OF WORK. OVERTIME: LC 510. (a) Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.
CALIFORNIA LAW REQUIRES WESTSIDE TO PAY ITS EMPLOYEES ALL OF THEIR EARNED WAGES ON THE DAY THEY ARE DISCHARGED OR, IF THE EMPLOYEE QUITS, WITHIN 72 HOURS. LAST PAYCHECK: LC 201. (a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. LC 202. (a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. LC 203. If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.
CALIFORNIA LAW REQUIRES WESTSIDE TO PROVIDE ITS EMPLOYEES ACCURATE WAGES STATEMENTS WHICH PROVIDE THE STATUTORILY REQUIRED INFORMATION. WAGE STATEMENT: LC 226. (a) Every employer shall, semimonthly or at the time of each payment of wages, furnish each of his or her employees, either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately when wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except for any employee whose compensation is solely based on a salary and who is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission ... (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee... and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee. The deductions made from payments of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement or a record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. (e) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not exceeding an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney's fees.
CALIFORNIA LAW REQUIRES WESTSIDE TO PERMIT YOU TO TAKE AN UNINTERRUPTED, PAID, TEN CONSECUTIVE MINUTE REST PERIOD WHEN YOU WORK MORE THAN 3.5 HOURS IN A SHIFT. YOU GET A SECOND REST PERIOD IF YOU WORK MORE THAN 6 HOURS, AND A THIRD 10 MINUTE REST PERIOD IF YOU WORK MORE THAN 10 HOURS. REST PERIOD: (A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 ½) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages. (B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee's regular rate of compensation for each workday that the rest period is not provided.
CALIFORNIA LAW REQUIRES WESTSIDE TO PROVIDE YOU AN UNINTERUPTED, THIRTY CONSECUTIVE MINUTE, MEAL PERIOD WHEN YOU WORK MORE THAN 5 HOURS IN A SHIFT. THEY CANNOT ASK YOU TO WAIVE THIS RIGHT, ALTHOUGH YOU HAVE THE RIGHT TO WAIVE THE MEAL PERIOD IF YOU WORK NO MORE THAN 6 HOURS IN YOUR SHIFT. YOU ARE ENTITLED TO A SECOND THIRTY MINUTE UNINTERRUPTED MEAL PERIOD WHEN YOU WORK MORE THAN 10 HOURS IN A SHIFT. MEAL PERIOD: (A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than thirty (30) minutes, except that when a work period of not more than six (6) hours will complete the day's work the meal period may be waived by mutual consent of the employer and employee. Unless the employee is relieved of all duty during a thirty (30) minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. (B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee's regular rate of compensation for each workday that the meal period is not provided.
CALIFORNIA LAW REQUIRES WESTSIDE TO REIMBURSE YOU FOR ALL EXPENSES OR LOSSES THAT YOU INCURRED IN ORDER TO COMPLETE YOUR WORK. EXPENSES/LOSSES TO BE REIMBURSED: LC 2802 (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer...(Source: Labor Code)
CONTACT US
LAW OFFICE OF DENIS & RASI, PC
Paul Denis - Ethan Rasi
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Robert W. Skripko, Jr.
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