Tracy Colman  |  June 12, 2019

Category: Labor & Employment

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A class action lawsuit filed on February 22, 2019, questions the employment practices of an early childcare company with regard to unpaid overtime and offering of appropriate meal breaks.A class action lawsuit filed on Feb. 22, 2019 questions the employment practices of an early childcare company with regard to unpaid overtime and offering of appropriate meal breaks.

Plaintiff Karen M., who filed the legal complaint, alleges that Childtime Childcare Inc. and Learning Care Group were in violation of several California labor codes both during her time working as an hourly non-exempt infant teacher and that of others during the Class period.

Karen is seeking to recover all denied and unpaid overtime and minimum wages for herself and other employees and to be instituted as Class representative. She alleges in her lawsuit that childcare employees were regularly expected to perform duties off the clock due to a lack of computer equipment and shift coverage for child supervision.

She also alleges that childcare teachers were not encouraged to take their legally-allowed 10-minute rest breaks and 30-minute meal breaks. They often worked through them or, if given a break, were not duty-free during that time.

What Rights Does Labor Law Protect?

Employment law in California requires a 30-minute meal break without expectation of work performance if a non-exempt employee works more than five hours in a day. Additionally, labor law specifies that a worker is entitled to a 10-minute work-free break for every four hours of their shift completed. On a day where a break is denied due to insufficient staffing or other realities, an employer is liable to pay for one more hour of the employee’s time.

California labor law stipulates that non-exempt employees shall be paid overtime if they work more than eight hours a day or 40 hours during a workweek which is seven consecutive days. Overtime in California is based upon a set hourly rate of pay which is multiplied one-and-one-half-times or doubled depending upon the number of hours in the shift and week.

A ‘time and a half’ multiplier is applied for hours completed over eight and up to 12 in a shift. It is also applied for the first eight hours worked on the seventh day in a row during a workweek established by the employer. The ‘two times’ multiplier is applied for anything above 12 shift hours on a day and anything above eight shift hours on the seventh day in a row of working during the workweek.

Unpaid Overtime Became a Regular Part of Childcare Employment

As indicated by the lawsuit, the childcare center operated 12.5 hours per day from six a.m. to six-thirty p.m. Employees were often expected to work in excess of eight hours and up to the 12.5 from opening to close. Due to allegedly providing a poor ratio of staff to children, meal and rest breaks were not available and payment for them not forthcoming. Record-keeping for hours on which to base overtime payments was purportedly poor.

The defendants in this lawsuit have tentatively agreed to a $1.25 million settlement. A federal judge has to give preliminary approval, but if done, the monies will be split among the original plaintiff, 1600 workers, associated attorneys, and the California Workforce and Labor Development Agency.

The California Overtime Class Action Lawsuit is Case No. 8:17-CV-01641-AG-KES in the U.S. District Court Central District of California.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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California labor law protects the rights of employees to fair wages and proper working conditions. Employers who break these laws face stiff penalties and in most cases must compensate employees for these violations.

If you are a worker in California and were subject to any of the following California employment law violations within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone:

  • Not paying all overtime wages;
  • Rounding time;
  • Failing to calculate the regular rate of pay properly, for purposes of paying overtime;
  • Not paying at least minimum wages for all hours worked (relating to hours worked off-the-clock);
  • Not providing employees with timely, uninterrupted meal and/or rest breaks;
  • Not paying employees one hour of pay for each missed meal or rest break;
  • Not paying wages timely during employment and upon termination;
  • Failing to pay the costs of mandatory pre-employment physical examinations;
  • Failing to reimburse work-related business expenses; and
  • Failing to provide written notice of material terms of employment.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


2 thoughts onUnpaid Overtime & Meal Break Denial Part of Childcare Lawsuit

  1. Angie Mota says:

    Kinder Care Learning center in California we also have that issue. Made a report here in California.
    Learning center needs to be held responsible. Please help. I’m also a victim

  2. Martha Holladay says:

    Learning Care Group is not being held accountable for other illegal actions.

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