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Altered time records leads to labor violation lawsuit

San Diego-based Party City Corporation allegedly did not provide California workers with their legally mandated uninterrupted 30-minute meal break prior to the fifth consecutive hour of work.

The statement of claim filed (Case No. 37-2014-00042839-CU-OE-CTL), also suggested that Party City changed time records to get away with not paying their workers for all the time they actually worked, including required overtime. Such actions, should a court of law determine them to be true, are in violation of the California Labor Code (CLC).

In addition, if the court finds Party City to be guilty of not providing proper meal breaks, the corporation may face a fine of one hour of pay per employee, which could add up, as Party City allegedly denied the multiple workers in the class action lawsuit meal breaks over a significant period of time.

The CLC states that a worker classified as non-exempt and paid hourly, must be reimbursed for overtime wages for the period of time worked in excess of eight hours and for any time worked that is over a 40-hour workweek.

Also in play in this case are Industrial Welfare Commission Wage Orders requiring companies to pay their workers for all time worked, the time when a worker is subject to the control of a manager/employer and all time when the employer permitted the worker to work.

Lawsuits such as this one are becoming increasingly common. Many younger employees do not know enough about labor law and how it applies to them and, for that reason, a lot of employers have been getting away with violating the law. If you are not sure about your work situation and feel that you are not being paid for all of your hours, seek the counsel of an experienced employment attorney.

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