American Commercial Security Services was ordered to pay 15,000 security guards $90 million in an unpaid overtime class action lawsuit. According to the lawsuit security guards were required to be “on duty” during rest breaks, in direct violation of California Labor Code sec. 226.7 which states the following:
(a) No employer shall require any employee to work during
any meal or rest period mandated by an applicable order of the
Industrial Welfare Commission.
(b) If an employer fails to provide an employee a meal period or
rest period in accordance with an applicable order of the Industrial
Welfare Commission, the employer shall pay the employee one
additional hour of pay at the employee’s regular rate of compensation
for each work day that the meal or rest period is not provided
Additionally, the security guards also alleged they were required to carry radios and cell phones or otherwise be available at all times and were subject to being called back at any time during their break or after hours.
If your employer has violated California Labor Law and owes you money, please call Los Angeles Employment Lawyer, Todd M. Friedman at 877-449-8898 for a free consultation