The California employment attorneys at BISNAR | CHASE has filed an employment class-action lawsuit against Oakland-based Horizon Beverage Company alleging wage theft/time shaving, failure to provide rest and meal breaks and other violations. Our attorneys filed this lawsuit in Alameda County Superior Court on September 16, 2013.
California Meal and Rest Break Laws
The class representative at the time alleged that for at least four years before this complaint was filed, Horizon did not provide its non-exempt of hourly workers proper meal breaks. Under California law, you cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee’s fifth hour or work. Employers are also required to provide a second meal break of at least 30 minutes for all workdays on which an employee works more than 10 hours. The second meal break must be provided no later than the employee’s 10th hour of work.
Employers must also allow rest periods for nonexempt employees whose total daily work time is at least 3.5 hours. These mandatory rest breaks must be offered at the rate of 10 minutes for every four hours worked or any “major fraction thereof.” California employers can face expensive consequences for violating thee laws. For each workday that a meal break is not provided, employers owe the employee one additional hour of pay at the employee’s regular rate. If a meal or rest break is not given, the employer owes an hour of pay, which must be included in the next paycheck.
Seeking a Class Representative to Preserve this Action
Since filing this lawsuit in September, the initial class representative no longer wants to pursue the action. However, if this action is dismissed, the rights of hundreds of employees may terminate due to the statute of limitations.
If you were employed or are currently employed at Horizon Beverage Co. and have been the victim of similar wage and hour violations, please contact us to discuss becoming a class representative at (800) 561-4887.