LOS ANGELES — An employee of Goodyear Tire & Rubber Co. in California filed suit against the company for violations of state wage and hour laws. The suit claims that Goodyear failed to comply with rest break requirements, overtime, and other violations stemming from the company’s policies. The plaintiff is requesting back wages, damages, civil penalties, and attorney’s fees and costs for Goodyear’s violations.
Improper Overtime Calculation
The suit claims that Goodyear forced the plaintiff to go off the clock to complete duties such as setting the alarm and depositing receipts at the bank and that the company failed to compensate him for that work. Goodyear allegedly had a policy that employees designated to perform bank runs finish their work off the clock. Therefore, the plaintiff claims that Goodyear improperly calculated his overtime wages, since all of his work wasn’t accounted for. Additionally, the company allegedly failed to include bonuses and commissions in its overtime wage calculations.
Under California labor law, non-exempt employees are entitled to receive one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over forty hours in the workweek. Additionally, non-discretionary bonuses are included in determining the regular rate of pay for computing overtime when it is based upon hours worked, production, or proficiency. As for commissions, the commission rate is used as the regular rate and an employee must be paid one and one-half this rate for production during the first four overtime hours in a workday, and double time for all hours worked beyond 12 in a workday.
Deprivation of Meal and Rest Breaks
According to the plaintiff, Goodyear’s facilities were frequently understaffed, resulting in the company’s failure to properly provide the required meal and rest breaks. The California Labor Code requires employers to provide employees with at least a thirty-minute meal break if they work more than five hours per day. If the employee works more than ten hours per day, then employers are generally required to provide a second thirty-minute meal period. During this meal period, the employer must relieve employees of all duties, 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 the meal period.
If you or someone you know is being deprived of duly-earned overtime pay or is being deprived of meal and rest breaks that are required by law, 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.