# Sue Retail Stores For Overtime Pay, Meal Breaks, Rest Breaks

> Example of old class action for unpaid wages, law firm for employee overtime, strange pay rule abuses, wage theft large groups of workers, PAGA, meal breaks

Source: https://bakersfieldlaborattorney.com/sears-bakersfield-no-overtime-midnight/
Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Kern County, California.
Phone: (661) 412-9600 (calling is the fastest way to reach the legal team)
Office: 5401 Business Park S, #214, Bakersfield, CA 93309
Contact form: https://bakersfieldlaborattorney.com/contact/
Consultations are free and confidential; cases are taken on contingency.

---

If you start your shift before midnight, work past midnight, work more than 8 hours on the shift, but are not paid overtime for working more than 8 hours in a day, your employer may well be violating overtime pay laws.

This week my law firm was retained by Sears Merchandisers in Bakersfield. If you worked at Sears, in Bakersfield, at 3001 Ming Avenue, and were not paid overtime when your shift started before midnight and ended after midnight, you may be a class member. At this time, Attorneys Karl Gerber and Eric Palmer are taking calls from hourly Sears employees who began their shifts before midnight, ended their shifts after midnight, worked 8 or more hours on their shift, but were not paid overtime.

If you worked as an hourly employee at any Sears store in California, began your shift before midnight, ended your shift after midnight, worked 8 or more hours on your shift, but were not paid overtime for all hours worked in excess of 8 hours a day we want to speak to you. We believe this unlawful overtime practice was not limited to the Sears store at 3001 Ming Avenue in Bakersfield. We also believe this unlawful overtime practice was not limited to merchandisers working for Sears. We are informed that Sears had a corporate policy of not paying overtime to employees who started their shifts before midnight, worked past midnight, and worked more than eight hours in the same shift. This is what our clients were told when they asked why they did not receive overtime pay when they worked on a shift of more than 8 hours that started before midnight and ended after midnight.

We are in the process of evaluating Sears' liability in an overtime lawsuit by their hourly employees in Bakersfield and beyond. Wal-Mart was hit with a similar class action lawsuit in which their employees were not paid overtime. There are at least two published cases in California that specify it is against overtime policy and it evades overtime policy to designate work days in a manner in which employees who work more than eight hours in a single shift are not paid overtime.

Top Overtime Attorney for Bakersfield County

The Employment Lawyers Group has offices located in Bakersfield, Sherman Oaks, Los Angeles, Oxnard, Tustin, Riverside, San Bernardino, San Diego, and Boston. All we do is represent employees in employment litigation. We have represented many groups of employees as well as individual employees in overtime lawsuits. Karl Gerber has represented employees in overtime cases since 1993. He is a licensed attorney in California, Texas, Massachusetts, and Washington D.C.

If an overtime lawsuit is won, the employer must pay the employee's attorney fees. They must also pay the court costs incurred in the overtime lawsuit. In an overtime lawsuit there are many penalties as well as interest due in addition to the mere amount of unpaid overtime.

Please contact us if you were a Sears hourly employee, if you were a merchandiser at Sears, if you worked at Sears at 3001 Ming Street in Bakersfield, if you worked at Sears at 2000 18th Street in Bakersfield, if you worked at any Sears as an hourly employee in California and experienced this situation. Contact us if you worked at a California Sears store during the holiday season and were not paid overtime, or if you worked at a California Sears store and began your shift before midnight and ended your shift after midnight, worked more than 8 hours in a shirt, and were not paid overtime. In addition, please contact us if you are aware of any other lawsuits against Sears for failure to pay overtime.

We are presently investigating classwide overtime claims against Sears

Feel free to contact Karl Gerber, the Founder of the Employment Lawyers Group at (661) 412-9600 or Eric Palmer if you were an hourly Sears employee in Bakersfield or elsewhere and were denied overtime pay when your shift began before midnight, but you worked more than 8 hours in the shift. We take calls from 8:45 A.M. to 6:30 P.M., but will make other arrangements if our normal business hours do not comport with your schedule.

## Our Firm: No Upfront Fees or Costs

### Contingency Fee Representation

All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee.

### Serving Kern County

We have proudly served all of Kern County since 1993.

Ready to discuss your case?

(661) 412-9600

Submit A Contact Form

The Employment Lawyers Group has successfully handled

2,000+

Separate California Employment Cases

## Media Engagements

## Sample Case Results

breach of commission contract $1,150,000  Unpaid commissions of two plaintiffs unpaid wages $875,000  For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000  Controlled stand by class action settlement

Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.

## Practice Areas

[Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://bakersfieldlaborattorney.com/discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://bakersfieldlaborattorney.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://bakersfieldlaborattorney.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://bakersfieldlaborattorney.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://bakersfieldlaborattorney.com/leaves-of-absence/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://bakersfieldlaborattorney.com/whistle-blower/)

## Our California Locations

### Bakersfield

[BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com)

5401 Business Park S, #214,
Bakersfield CA 93309

[(661) 412-9600](tel:6614129600)

### Los Angeles

[EmployeeLawCA.com](https://employeelawca.com/)

611 Wilshire Blvd, #1023,
Los Angeles CA 90017

[(323) 525-1600](tel:3235251600)

### Orange County

[WorkLawyerOC.com](https://worklawyeroc.com)

2522 Chambers Rd, #100,
Tustin CA 92780

[(714) 210-8000](tel:7142108000)

### Riverside

[RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com)

9496 Magnolia Ave, #208,
Riverside CA 92503

[(951) 367-1000](tel:9513671000)

### Sacramento

[SacramentoLaborAttorney.com](https://sacramentolaborattorney.com)

777 Campus Commons Rd, #200,
Sacramento CA 95825

[(916) 340-0000](tel:9163400000)

### San Bernardino

[EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com)

337 N. Vineyard Ave, #400,
Ontario CA 91764

[(909) 663-2100](tel:9096632100)

### San Diego

[SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com)

330 "A" St, #60,
San Diego CA 92101

[(619) 320-3000](tel:6193203000)

### San Francisco / Bay Area

[BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net)

524 Union St, #400,
San Francisco CA 94133

[(877) 525-0700](tel:8775250700)

### San Jose / Silicon Valley

[SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com)

111 N. Market St, #300,
San Jose CA 95113

[(877) 525-0700](tel:8775250700)

### Sherman Oaks

[WorkLawyerCA.com](https://worklawyerca.com)

13418 Ventura Blvd,
Sherman Oaks CA 91423

[(818) 783-7300](tel:8187837300)

### Torrance / South Bay

[JobTerminationLaw.com](https://jobterminationlaw.com/)

3655 Torrance Blvd, 3rd Floor,
Torrance CA 90503

[(310) 842-8600](tel:3108428600)

### Ventura / Oxnard

[VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com)

4030 West Hemlock St,
Oxnard CA 93035

[(805) 200-0100](tel:8052000100)

### Additional Sites

[BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org)

## About Firm Founder, Karl Gerber

Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California.

Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.

The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**.

[Meet Karl Gerber](https://bakersfieldlaborattorney.com/karl-gerber/)

## Ready to Discuss Your Case?

Your rights as an employee matter. Submit a contact form and we'll get back to you.

Submit A Contact Form [Call (661) 412-9600 Now](tel:6614129600)
