As Southern California Employment Attorneys, we have been following the recent Los Angeles, California lawsuit settlement between Candy Spelling, widow of television tycoon Aaron Spelling, and her ex-maid--who accused Spelling of wrongful termination, for being overworked and underpaid.
The lawsuit, filed by Lourdes Serrano in April of this year, alleged that Spelling, mother actress Tori Spelling, forced the employee to "clock out," so she would miss her paid 10-minute breaks that are required by California law. Serrano claimed that after coming forward with her complaint, she was fired for reporting the California wage and overtime violation.
According to the California Department of Industrial Relations, (DIR) permit nonexempt employees must take a rest period in the middle of each work period. Based on the total hours worked daily, the rest period must at least constitute ten consecutive minutes for each four-hour period worked.
As the rest period is counted as "time worked," the employer is required by law to pay for these periods. Because workers are paid for their rest periods, they can be required to physically stay within the employer's workplace during the breaks.
The Los Angeles, California employment lawsuit was settled last week in Los Angeles County Superior Court, and the settlement terms are reportedly confidential.
If you or someone you know in Southern California has experienced a wage and hour issue in the workplace, our team of experienced California employment attorneys and professionals can help. Contact Howard Law, PC today, for a free consultation.
Spelling Settles Lawsuit With Ex-Maid, Gaea Times, November 24, 2009
Candy Spelling Slave Driver Suit Settled,TMZ.com, November 23, 2009
Candy Spelling--I'm No Slave Driver, TMZ, June 22, 2009
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