CALL NOW FOR A
FREE CONSULTATION
949-240-8595
CASE RESULTS

LENSCRAFTERS CLASS ACTION

Meal & Rest Breaks/Overtime
$10,000,000 recovered for employees of Lenscrafters. California Employees of Lenscrafters retained The Spencer Law Firm to represent them in a class action against Lenscrafters alleging a statewide practice of failing to provide meal and rest breaks and pay overtime compensation to its California employees. The case was aggressively litigated and involved a successful motion to remand the case from Federal Court to State Court and a published opinion by the 9th Circuit Court of Appeals Babasa v. Lenscrafters (9th Cir. 2007) 498 F.3d 972. The case was settled for $10 Million dollars.

MAJOR RETAILER EMPLOYEE MISCLASSIFICATION

Unpaid Overtime/Misclassification
$1,700,000 recovered for employees of a major national retailer. The Spencer Law Firm was hired to represent 60 Area Sales Managers of a major national retailer who were mis-classified as overtime exempt and were denied overtime compensation. The case settled for $1.7 Million.

SBC DSL CLASS ACTION

False Advertising
$65,000,000 recovered for Pacific Bell/SBC DSL customers When Pacific Bell/SBC started offering DSL internet service in California it engaged is an aggressive advertising campaign regarding the speed of its internet connection. The Spencer Law Firm was retained by a consumer who did not receive the advertised internet speeds to prosecute a class action against Pacific Bell/SBC. The case was consolidated into the In Re SBC litigation. Attorney Jeffrey Spencer of the Spencer Law Firm was on the Steering Committee, and Settlement Committee and along with other members of the settlement committee successfully negotiated the $65,000,000 settlement on behalf of the AT&T customers.

GNC CLASS ACTION

Meal Rest Breaks/Overtime
$4,600,000 recovered for employees of GNC The Spencer Law Firm was retained by GNC employees to prosecute a class action against GNC to recover unpaid overtime compensation and meal and rest period compensation. The case was settled for $4.6 Million dollars with some class members receiving in excess of $15,000. As the result of the lawsuit GNC reclassified Store Managers and Senior Store Managers as non-exempt and entitled to overtime compensation.

REALNETWORKS CLASS ACTION

Internet Spying / Internet Privacy Violations
$20,000,000 recovered for customers of RealNetworks. A RealNetworks customer hired The Spencer Law Firm to file the first class action lawsuit in the nation against RealNetworks for secretly attaching spyware to its RealJukebox software and assigning a GUID (Globally Unique Identifier) to its customers which could be matched to the customers personal information. The plaintiffs contended the secret spyware recorded all of the customers usage history and secretly transmitted it back to RealNetworks. If the consumer were to use RealJukebox offline, as soon as the consumer went back on line the information would be transmitted to RealNetworks. The plaintiffs contended the GUID, permitted RealNetworks to match the usage history to the consumer and create a profile of the user. After extensive litigation The Spencer Law Firm negotiated a settlement worth $20 Million for the RealNetworks customers.

EZ LUBE CLASS ACTION

Meal & Rest Breaks/Overtime
$3,000,000 recovered for employees of EZ Lube Employees of EZ Lube employed in non-salary positions hired The Spencer Law Firm to represent them in a class action against EZ Lube to force it to allow them to take meal and rest breaks, pay meal and rest period compensation and to pay for off the clock work. The case was settled for $3 Million dollars.

NATIONAL RETAILER EMPLOYEE MISCLASSIFCATION

Unpaid Overtime/Misclassification
$324,976 recovered for employees of a major national retailer. The Spencer Law Firm was hired to represent 9 Area Sales Managers of a major national retailer who were mis-classified as overtime exempt and were denied overtime compensation. The case settled for $324,976.

STAMPS.COM CLASS ACTION

Unfair Business Practices
$14,000,000 recovered for customers of Stamps.com The Spencer Law Firm was hired by customers of Stamps.com to prosecute claims that they were not provided an effective means of closing their accounts and whose final bills were not pro-rated when they terminated the service. The case settled for $14 Million and caused Stamps.com to significantly modify its business practices to better protect its customers.

CLASS ACTION involving a major national bank

Meal and Rest Breaks and unpaid wages
$2,000,000. Hourly employees of a major national bank hired the Spencer Law Firm to represent them in a class action to recover unpaid meal and rest period compensation and unpaid wages. The case was extensively litigated over several years. After the Court granted a contested Motion for Class Certification the Spencer Law Firm negotiated a $2,000,000 settlement on behalf of the employees.

EVERGREEN ROYALE CLASS ACTION

Tenant Rights
$2,300,000. The Spencer Law Firm was hired by tenants of a residence motel to prosecute claims that it violated California Civil Code 1940.1 by requiring the tenants to leave by the 28th day of occupancy and return the next day in order to deprive the tenants of their rights as long term tenants. The Spencer Law Firm obtained a $2,300,000 settlement on behalf of the tenants.

HEALTH STORE RETAILER EMPLOYEE MISCLASSIFICATION

Unpaid Overtime/Meal & Rest Period Violations
$220,500 recovered for employees of a major national retailer. The Spencer Law Firm was hired to represent 9 Store Managers and Assistant Managers of a major national retailer of vitamins and health care products who were mis-classified as overtime exempt and were denied overtime compensation and meal and rest period compensation. The case settled for $220,500.

AUREATE CLASS ACTION

Internet Privacy
$2,000,000 judgment obtained for customers of Aureate Media Inc. Customers of Aureate Media Inc. hired the Spencer Law Firm to file a class action to stop Aureate Media's practice of secretly embedding spyware in its shareware programs that allowed it to track consumers’ internet usage without their authorization and to recover damages. The Spencer Law Firm successfully obtained a $2,000,000 judgment against Aureate Media Inc.

CLASS ACTION involving major retailer of health products

Meal and Rest Breaks 
$1,500,000 recovered for employees of a major retailer of health products. Employees hired the Spencer Law Firm to represent them in a class action to recover unpaid meal and rest period compensation. The case was extensively litigated over several years. The case settled for $1,500,000.

3M Class Action

Meal Breaks
$980,000 recovered for employees of 3M Hourly workers at 3M Company's Ontario Warehouse hired The Spencer Law Firm to recover unpaid meal and rest period compensation. The case alleged that 3M systematically required the employees to work more than 5 hours before they were provided meal periods. The case settled for $980,000 and 3M changed its meal period practices so that the employees received timely meal periods.

UNITED HEALTH GROUP CLASS ACTION

Identity Theft
$750,000 recovered for University of California Irvine (UCI) Students The Spencer Law Firm represented UCI graduate students in a class action against United Health Group Inc. the provider of their graduate student health insurance policies for damages arising out of the theft of their confidential information by an employee of United Health Group Inc. The case was settled for $750,000.

VERANO AT TALEGA CLASS ACTION

Construction Defect – Breach of Fiduciary Duty
The Spencer Law Firm has been retained by residents of the Verano at Talega development in San Clemente California to prosecute claims against developer Lennar Homes of California for construction defects including leaking copper pipes and soils issues and against the Verano at Talega Homeowners Association for breach of fiduciary duty arising out of its attempts to settle the homeowners claims without authority. This case is ongoing in the Orange County Superior Court Ramirez v. Lennar Homes of California et. al.,Orange County Superior Court Case No. 30-2013-00644699.

VITAMIN SHOPPE CLASS ACTION

Meal & Rest Breaks
$840,000 recovered for employees of Vitamin Shoppe Hourly employees of the Vitamin Shoppe in California hired the Spencer Law Firm to represent them in a class action to recover unpaid meal and rest period compensation. The case was extensively litigated over several years. The case settled for $840,000.

TALENT TREE CLASS ACTION

Unpaid Overtime/Meal & Rest Breaks
$500,000 recovered for employees of Talent Tree staffing company.

HATFIELD v. TUESDAY MORNING

Misclassification – unpaid overtime
$140,000 trial verdict. A single manager of retailer Tuesday Morning hired the Spencer Law Firm to represent her in a claim for unpaid overtime wages. The case was tried before Orange County Superior Court Judge Ronald L. Bauer. After a three week trial The Spencer Law Firm obtained a $140,975.86 trial verdict on behalf of the employee.

TARGET OPTICAL AND SEARS OPTICAL CLASS ACTION

Meal & Rest Breaks
$500,000 recovered for employees of Target Optical and Sears Optical.

Oil Field Injury

$2,700,000 recovered for an employee of an oil well servicing company. An oil field employee suffered severe injuries while pressure testing oil well tubes in Signal Hill, California. The case settled for a $2.7 Million recovery for the employee.

Automobile Accident

$500,000 recovered against an automobile manufacturer for damages caused by a defective seat back.

Illegal Employment Screening Reports

$395,000 recovered for individual employees who were the subjects of employment screening reports that did not comply with California law. The case settled in for $395,000.

$100,000 recovered for a single employee against an employment screening company who inaccurately reporting the plaintiff had a felony conviction.

Bicycle/Car Accident

$100,000 policy limits recovered for the plaintiff who suffered a broken leg after being struck by a car while riding her bicycle.

Credit Report Violations

$600,000 on behalf of individual renters against a national tenant screening company. The Spencer Law Firm was retained by individuals who who were the subjects of inaccurate tenant screening reports that improperly reported that they had previously been evicted, causing them to be denied rental opportunities. The case settled for $600,000.

Dog Bite

Confidential policy limits settlement recovered for the plaintiff who suffered lacerations to his leg after being bitten a dog while working in his yard.

Insurance Bad Faith / Broker Negligence

$750,000 recovered on behalf of plaintiffs against an insurance company and broker for insurance bad faith and broker negligence.

Cemetery Litigation

$400,000 confidential settlement against a cemetery in Los Angeles for mishandling of human remains and desecrating grave sites. The Spencer Law Firm has extensive experience litigating improper maintenance and improper handling of human remains cases against cemeteries and mortuaries over the past decade. Attorney Jeffrey Spencer had extensive involvement in the Paradise Memorial Park Cemetery Consolidated litigation. Most recently the Spencer Law Firm obtained a confidential $400,000 settlement for the family members and relatives of persons whose grave sites were desecrated by the owners and operators of a cemetery in Los Angeles, California.

See More Case Results
Do You Have A Case? Submit case details

Meal And Rest Breaks Attorney

San Clemente, CA Employment Law Firm

California (and federal) law clearly provides meal and rest breaks for all non-exempt employees. Nevertheless, many employers continue to deny their workers this basic right. If you believe that your right to meal and rest breaks has been violated by your current or former employer, the experienced employment law attorneys at the Spencer Law Group can evaluate your situation and advise you about your legal options. Our Orange County lawyer represents clients in San Clemente California on employment matters of all kinds. If your case is typical of similar problems experienced by your co-workers, we will also consider the possibility of a class action lawsuit. You may qualify for additional compensation for being the initiator of a class action.

California Meal And Rest Breaks Law

An employee’s right to break periods is governed by both federal law (the Fair Labor Standards Act), and California law. However, in general, California law is more favorable to employees than federal law and California employers must comply with whichever standard provides the most protection to employees. Specifically, California law requires the following:

Meal Periods:

  • In general, every non-exempt employee who works for more than 5 hours must be provided with a meal period of not less than 30 minutes. During this time, the employee is to be relieved of all duties and is free to leave the premises.
  • Every non-exempt employee who works more than 10 hours must be provided with a second meal period of not less than 30 minutes.
  • The right to a meal break generally cannot be waived. However, if an employee works 6 hours or less, the required break period may be waived by mutual consent of the employee and the employer. If an employee works 12 hours or less and the first meal period was not waived, then the second period may be waived by mutual consent.
  • If an employee is not relieved of all duty during a 30 minute meal period, the break period is considered “on-duty” and counted as time worked. This is only permitted when the nature of the work prevents the employee from being relieved of all duty and the parties agree (such as an armored car guard). If the employee ends up working more than 40 hours per week in this situation, overtime pay would also be required.

Break Periods:

  • Every non-exempt employee is entitled to a 10 minute paid break for each 4 hours of work. Each break should be scheduled in the middle of the work period, if feasible. An employee does not have to take the break period.
  • If an employee’s total daily work time is less than 3 ½ hours, a rest period is not required.
  • As with meal breaks, the penalty for not giving a rest period is that the employee is owed one hour of pay for every day a break is denied.
  • Employers are required to provide a reasonable amount of break time to accommodate an employee who wants to express breast milk for her infant (to run concurrently with any break time already provided, if possible). Employers must also make reasonable efforts to provide the employee with a room or other location (other than a toilet stall) to express milk in private. A location does not have to be provided if doing so would seriously disrupt the employer’s operations.

An employee is generally considered non-exempt unless he or she holds a management, administrative, or professional position. The determination of whether or not an employee is exempt from the break period requirements is based on his or her job duties, not on titles or how the employee is paid (even salaried employees can be non-exempt).

Common Violators of The Meal And Rest Break Laws

Violations of the meal and rest break law are more common in certain fields. Examples include, but are not limited to:

  • IT and computer professionals
  • private security and armored car employees
  • hospitals, health care fields, and nursing home employees
  • receptionists
  • laboratory technicians
  • managers and supervisors
  • banking and finance employees

San Clemente, California Meal & Rest Breaks Lawyer

Call the Spencer Law Group today for a free case evaluation.

Most every employee in San Clemente California has a right to routine break periods. If your employer is not allowing you to take legally required breaks, you can demand them. If your employer retaliates against you for asserting your right to meal and rest breaks it is important to contact an Orange County lawyer as soon as possible. At the Spencer Law Group, our employment law attorneys have been helping employees enforce their rights and securing compensation for employer wrongs for many years. We can even file a class action lawsuit against your employer if your co-workers are in similar circumstances. Call the Spencer Law Group today for a free case evaluation.