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California law figures OT by the day, unlike federal FLSA

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in Employment Law,Human Resources

A federal court considering a class-action lawsuit alleging violations of California law and the federal Fair Labor Standards Act has dismissed the FLSA claims because the allegations were unclear.

Recent case: Carly, Sara and Ally worked in California for Heavenly Couture. They sued the retailer in federal court, alleging under the federal FLSA that they had been forced to clock out and then perform work during lunch and other breaks.

The court dismissed their FLSA claim. Under the FLSA, overtime is only due if employees work more than 40 hours in a workweek. The lawsuit alleged working through their breaks resulted in the women working more than eight hours in a single work day.

That violates California law, but not the FLSA. The judge tossed out the federal portion of their lawsuit. (Heck, et al. v. Heavenly Couture, SD CA, 2017)

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