Law Offices of Louis Spitters
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Funeral home attendant seeks payment for unpaid overtime

One of the main responsibilities of California businesses is to ensure that their employees are compensated properly. Even though it can become expensive, workers who are required to work overtime should receive proper payment. Companies that try to cut payroll costs by engaging in wage theft should not be surprised if their workers sue them for any unpaid wages. Recently an out-of-state man faced a similar issue and filed a lawsuit against his employer in a federal court.

The plaintiff worked for a funeral home and claims that he was never given overtime when he worked more than 40 hours a week. Employees who work over 40 hours should be paid at one-and-a-half times their regular hourly rate as is required by the Fair Labor Standards Act. The plaintiff claims that his shift should have been eight hours each day, but he regularly worked far longer.

According to the complaint, the funeral service technician was to work his required shift and also be on call every other day and weekend. However, the plaintiff rarely got out of work on time and usually worked anywhere from 50 to 60 hours. He claims that he was not paid overtime on any of these additional hours.

The plaintiff sued the funeral home and its owner over violations of the FLSA and Pennsylvania Human Relations Act. He is seeking payment for his unpaid overtime and legal costs. California individuals who work hours that will result in overtime should make it a habit to track these hours to make sure they are being paid appropriately. Workers who are not properly compensated, even after asking to have the situation remedied, are within their legal rights to pursue claims in an attempt to be paid the money they believe they are owed.

Source: pennrecord.com, "Man sues funeral home after he alleges that he was not paid for overtime work", Carrie Bradon, Jan. 11, 2016

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