Anheuser-Busch (AB) is facing an overtime and unpaid wages Anheuser-Busch class action. The lawsuit alleges that the brewer did not provide proper rest breaks to its employees. Additionally, it says that the company failed to provide adequate compensation for overtime. Mainly delivery and store merchandise employees suffered due to this conduct.
A former temporary employee Jose Hernandez filed the lawsuit in CA state court. According to the lawsuit he filed, his wage statement did not specify the hours paid at the regular pay rate and those he worked overtime. Moreover, the lawsuit claims that the employer did not take into account the overtime Hernandez has worked.
Another thing that the plaintiff alleges is that the company often denied its employees their breaks and didn’t reimburse them for that. In other words, according to the Anheuser-Busch class action, the employer acted intentionally and deliberately. It showed indifference towards its workers and failed to pay them for their missed meals, rest periods, overtime or double time work. Wage statements that the brewer has provided are not accurate either, the plaintiff claims.
According to the allegations, AB failed to act in accordance with the California labor law.
Hernandez worked as a temporary employee between August and October 2016. His pay rate was $10.50 per hour. However, during his work, AB did not allow him to benefit from his break time and they did not pay him properly for that either. His wage statement did not include the overtime he has worked for them. As a result, they left him with nothing for the extra hours he has worked.
Now, the plaintiff seeks to represent a class of delivery and merchandising employees for AB California business. Eligible will be those employees who have received itemized wage statements, worked over 3.5 hours without a break. Also eligible should be those who have worked more than 8 hours per day from Jan. 2013 till this day.
Larry W. Lee and Kristen M. Agnew of Diversity Law Group and Dennis S. Hyun of Hyun Legal APC are currently representing the plaintiff. If you think you are a potential Class Member, refer to the case number BC646330 (Superior Court for the State of Los Angeles, County of LA) for more information.
What you should know about overtime
All of us work overtime at some period. It’s important to know your overtime rights to be able to protect yourself when necessary. Remember that your overtime rights might depend on your job. The federal law that gives you the right to get overtime pay is called the Fair Labor Standards Act. According to this law, most employees should get at least the minimum wage. And they should be paid time and a half for all hours over 40 hours worked in a week.
But there are exceptions to this Act too. For example, people who are in executive, administrative, or professional positions are not covered by these requirements. This could include but is not limited to lawyers, doctors, people involved in outside sales positions, and certain computer employees. Employees who have got the right for overtime pay are called non-exempt employees. Accordingly, those who do not have the overtime pay right are called exempt employees.
Another important thing to know here is that even if overtime was NOT “authorized” the employer should pay you for it. Sometimes, an employee has to work overtime and then the employer refuses to pay for overtime. They usually point out that the employee should have warned them that they are about to cross the 40-hour limit. However, the employee cannot deny you the pay just because of it. Even if they have a policy that requires prior approval for overtime, you can still get your overtime payment. However, note that it’s not a good idea to violate such a policy.
If you think your employer has violated your rights by not paying your overtime, then you should contact an experienced employment lawyer. Go ahead; let your boss know that you are well aware of your rights!