Law Offices of Louis Spitters

Child services agency accused for non-payment of overtime

One way of getting through a tough work day is knowing that a break is coming. It gives an employee a chance to relax, regroup and get ready to go on with the rest of the shift. California employees who are required to work above and beyond their standard hours also expect to be compensated with proper payment. In some instances, a company may neglect to pay its workers appropriately in an effort to keep payroll costs lowered and deny their rest periods so that more work gets completed.

Two women who worked as family case managers are claiming that they were not provided with appropriate rest periods and overtime. The plaintiffs claim that they were forced to work through their meal periods and were not given an adequate amount of sleep while they were on call. Many of the hours that they worked were allegedly outside of regular hours because they were writing reports, handling emergencies or taking care of investigations. All of this work was purportedly done without being paid overtime.

According to court records, the women claim that they had hours deducted from their time sheets when they worked in excess of 40 hours. This would prevent the company from paying them overtime. When the women complained to their supervisors about working through their lunches, they were allegedly told to not bring up the topic, and the issue was never resolved.

The plaintiffs filed a lawsuit against their employer claiming that they, as well as other workers, were denied payment for overtime and were in violation of the Fair Labor Standards Act. They are asking a federal judge to make their complaint a collective action so that other employees who were suffering the same treatment could join their lawsuit. California workers who notice a discrepancy in their paychecks in relation to overtime or are not provided rest periods in accordance with state and federal labor laws, should bring up the issue to their supervisor. If the issue is not resolved, the employee may choose to file a claim against the employer to be paid for the overtime and other financial relief as awarded by the court.

Source:, "DCS employees sue agency over claims of unpaid overtime", Marisa Kwiatkowski, Sept. 25, 2014

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Law Offices of Louis Spitters
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