LOS ANGELES — Interstate Hotels & Resorts Inc., a hotel management chain, is facing a class action wage and overtime pay lawsuit in California state court. The employees allege the company violated state labor laws when it failed to provide meal or rest breaks, to pay the state’s minimum wage, and to pay overtime when non-exempt employees worked more than 40 hours a week or more than 8 hours a day. The hotel management chain operates Crowne Plaza, Sheraton, Marriott, Westin-brands, and Hiltons in California.
Claims Against The Chain
A security guard, Raymond Unutoa, filed the recent putative class action on behalf of himself and other similarly situated current and former non-exempt employees. His claim is against both Interstate and Today’s IV Inc., another hotel operations company which co-manages the hotel where Unutoa works, the Westin Bonaventure Hotel & Suites in Los Angeles. According to his claim, the companies did not provide employees with uninterrupted and duty-free state-required 30-minute breaks when they worked more than 5 hours in a shift. In fact, he alleges he was also denied meal breaks when he worked 12-hour shifts.
In addition to the failure to provide meal breaks, which was allegedly a company policy, Unutoa claims the company improperly calculated and failed to pay overtime wages, failed to provide all wages owed to employees who quit or were discharged, and allowed employees to work off the clock, which resulted in a failure to pay minimum wage.
Breaks: California Laws
There are no federal laws requiring employers to provide meal breaks to their employees. Many states, however, have their own laws regarding meal and rest breaks. California law requires employers to provide at least one meal break before the end of an employee’s fifth hour of a shift. When an employee works more than 10 hours, the employer is required to provide one 30-minute meal break at or before the fifth hour and a second meal break before the end of the tenth hour. The second meal break can be waived, but only if the employee received the first meal break in a timely manner. Furthermore, if an employer fails to provide these meal breaks, they are required to provide an additional hour of regular wages for each meal break missed or denied. Unutoa claims Interstate also failed to provide this premium time.
Uninterrupted and duty-free meal and rest breaks are important for productivity and, when provided, employee’s wages. If you have been denied meal breaks, but you have not been compensated for the missed time, you may have a claim against your employer. Call our experienced team of overtime pay lawyers today at (855) 754-2795 to receive an evaluation of your situation and discuss your options. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.