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.
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