Two California Anheuser-Busch InBev truck drivers filed a lawsuit in District Court on Aug. 11. Their suit claims that they were denied overtime pay as well as paid breaks. It asks for $5 million in addition to attorney fees and other damages. They hope to involve 400 other current and former company employees and obtain class action status for the suit.
The suit alleges that the company has records of overtime hours being worked that employees were not paid for. In addition, it claims that there is a written policy in place that allowed for paid meal and rest breaks. However, the company allegedly refused to honor that policy. A representative for A-B said that the company was not served with the lawsuit. The representative also said that the company is familiar with wage laws and takes the allegations seriously.
Employees may be entitled to 1.5 times their normal pay rate if they work more than 40 hours per week. Exceptions may only be made for professionals, executives or others who may hold authority over others within the workplace. In some cases, salaried employees may be entitled to overtime pay. This is because the law states that the duties performed by the employee as opposed to the pay scale of the employee determines who gets overtime pay.
Anyone who thinks that they have a claim to unpaid overtime that they have earned may wish to speak with an employment law attorney. An employment law attorney may be able to collect payroll records and compare them with pay stubs. This may prove that an employee was not paid what he or she should have been paid based on hours worked and the employee’s status within the company.
Source: St. Louis Post-Dispatch, “California truck drivers sue A-B, allege overtime pay was denied“, Lisa Brown , August 15, 2014