LOS ANGELES — A group of Laboratory Corporation of America (LabCorp) employees filed suit in federal court alleging that the company violated the California Labor Code and the California Business and Professions code. The suit alleges that the company required the class of nonexempt patient service technicians to work for more than five hours at a time without a meal period of at least thirty minutes and were required to work more than four hours without permitting a ten-minute rest break in violation of state laws. Additionally, the company is accused of threatening discipline and termination of employees who worked beyond their scheduled shifts even though they couldn’t complete their assigned duties those constraints. The company allegedly discouraged the plaintiffs from working past their scheduled shifts while at the same time required them to complete assigned tasks and not accurately record their time worked.
Meal and Rest Breaks Under the California Labor Code
Employers in California must provide employees with at least a thirty-minute meal break if they work more than five hours per day, as required by the state labor code. If an employee works more than ten hours per day, then employers are generally required to provide a second thirty-minute meal period. The employer must relieve employees of all duties during this meal period, relinquish control over their activities, and allow them a reasonable opportunity to take an uninterrupted 30-minute break in which they are free to come and go as they please. If the employer fails to relinquish control and, for example, requires employees to remain on the premises during the meal period, they are entitled to compensation for their meal period.
Additionally, employers in California are required to provide certain covered employees with a net ten-minute rest period for every four hours worked. This rest period must be in the middle of the four-hour work period as much as practicable. If the employer fails to provide this rest period, then he or she must pay employees one additional hour of pay for each workday that the rest period is not provided.
California Recordkeeping Requirements
Employers must keep accurate wage and hour records for nonexempt employees in California that includes the following information:
- The full name, home address, occupation/job title and social security number for all employees, plus the date of birth for employees who are minors.
- When nonexempt employees begin and end each work period, meal period and split-shift intervals, with total hours worked each day. Meal periods during which operations cease and authorized rest periods do not need to be recorded.
- Total hours worked, applicable rate of pay and total wages paid each payroll period, including value of board, lodging or other compensation actually furnished to the employee.
If you or someone you know is being deprived of meal or rest breaks as required by state law, or if you know your employer is not keeping accurate wage records, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.