The California overtime lawyers at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against B & H Education in San Diego, Calif., for claims of violating the wage and hour rights of admissions advisers under the California Labor Code.
The allegations include unlawfully changing employee time records, not paying employees for overtime hours worked, lacking complete and accurate wage statements, and unsuccessfully giving proper meal breaks to employees. Specifically, the complaint says B & H Education "altered employee time records by recording fictitious thirty (30) minute meal breaks … when in fact the employees did not take a meal break." Based on the California Labor Code, employers must provide non-exempt employees with a 30-minute, uninterrupted and off-duty meal break for every five hours of work.
The class action lawsuit against B & H Education also claims that the beauty schools purposely misclassified the admissions advisers as exempt from overtime compensation in an effort to avoid wage and hour requirements. The complaint states that admissions officers performed basic everyday activities or reported to a higher authority with issues, meaning these employees are not "'administrative' or 'executive' exemptions," and should not be exempt from overtime pay. California overtime laws require employers to pay employees overtime compensation for all hours worked in excess of eight hours in a single workday or forty hours in a work week.
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