This class action lawsuit, filed in 2014, alleges the television installation and service company Mastec North America, Inc., did not pay their field service technicians the correct overtime and failed to provide the legally-required rest and meal breaks.
The statement of claim indicates the technicians are paid a stipend for being assigned to work on-call hours and receive a non-discretionary bonus. However, in accordance with California overtime laws, these stipends and bonuses should have been included in the workers’ hourly pay in order to calculate the proper overtime pay. Since this did not occur, the service technicians and other non-exempt employees were not correctly paid their overtime wages.
Field technicians were also so busy with work that they were allegedly required to log fake meal periods, despite the fact that they were not always provided an off-duty meal break. According to state law, workers paid by the hour must have an uninterrupted 30-minute meal break.
Violations of this law result in a penalty of one hour of pay. Those who work out-of-the-office are often at a disadvantage when it comes to meal and rest breaks, due to the pressing nature of their jobs.
Wage calculations can be approached in a number of ways, but some companies can often be found to practice unlawful pay to its employees. To sort out a difficult scenario such as this one, it is best to reach out to an experienced business attorney and find out an employee’s rights according to the law, not according to the employer.
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