Patrick Miller-Bartley
Thurs., October 17, 2024
If you think you are experiencing an issue similar to the one involved in this lawsuit, please reach out to us for a free consultation. We can help you understand your rights and options.
On October 3, 2024, a federal judge in the Central District of California ruled that several of the claims brought by a former Penske Trucks technician against the company could proceed. The technician filed a lawsuit alleging that Penske regularly scheduled him to work over eight hours in a day or forty hours in a week and failed to properly pay him overtime for that time. He also alleged that the company failed to provide him with uninterrupted meal and rest periods, in violation of California law, as well as that the company required him to use his personal phone for work without reimbursement, had not reimbursed him for equipment, had not provided him with wage statements containing the correct information, and had not given him his final paycheck on time. While the Court granted Penske’s motion to dismiss the claims for unpaid overtime and insufficient meal and rest periods, it allowed the technician’s claims alleging a lack of reimbursement, insufficient pay statement information, and a late final paycheck to proceed.
In California, employers are generally required to provide employees with a thirty-minute, “duty free” meal period whenever employees work five hours or more in a day. Employees are also entitled to a ten-minute, “duty free” rest period for every four hours that they work. “Duty free” means that the period must be uninterrupted and free from the control of the employer.
The Fair Labor Standards Act (FLSA), the federal wage and hour law, requires employers who do not compensate their employees during their meal periods to completely relieve their employees from duty during the meal period. If the employee’s time remains subject to the employer’s control during the meal period, or if the employee performs any amount of work during the meal period, the employer must compensate the employee for that time—including at the time and one-half overtime rate, if such time causes the employee to work over 40 hours in a week.
If you have questions about your employer’s meal period, contact one of MSE’s experienced wage and hour attorneys today, either by clicking here, emailing info@mselaborlaw.com, or calling 202-833-8855.
