MODESTO, CA — A former employee for a California paperboard packaging company recently filed an unpaid overtime lawsuit against the business over claims that the defendant cheating him and others out of all their due wages, including premium overtime pay. The lawsuit names Pacific Southwest Container of Modesto, California as the defendant and asks the court to certify the unpaid overtime lawsuit as a class action so that other similarly affected workers may join the claim and recover their own unpaid wages. The overtime pay lawsuit seeks four years of back pay with interest, damages, and attorneys fees to cover the cost of litigating the case and recovering the plaintiffs’ pay.
According to the lawsuit filed in California state court, Pacific Southwest Container illegally denied the plaintiff and other workers overtime pay by underreporting employee hours, requiring staff to work through lunch breaks, and failing to provide accurate time cards. As a result, employees frequently worked more than 40 hours in a week but did not receive one and a half times their average hourly rate of pay as required under state and federal labor and wage laws.
The problem, the plaintiff claims, is that the company was plagued by understaffing and that the workforce consistently had to work through lunch breaks after clocking out in order to not fall behind with their workload. The unpaid overtime lawsuit claims the defendant was fully aware of the practices but did nothing to ensure workers received their legally mandated meal and rest periods.
The California Labor Code requires all employees receive a mandatory 30-minute meal and rest period immediately after their fifth hour of work or otherwise be paid one additional hour of regular hourly pay. While federal labor laws like the Fair Labor Standards Act (FLSA) only allow wage theft victims to recover up to three years of back pay, the California Labor Code allows plaintiffs to file suit for up to four years of unpaid wages.
Shipping Clerk Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.