A dental assistant in California recently filed a lawsuit against her former employer to collect back wages for unpaid time and attendance, according to Lawyers and Settlements. The woman, Gina, claimed that her employment situation spiraled downhill after the company she worked for, Small Care Dental Clinic, was acquired by a larger corporation known as Coast Dental.
The larger group downsized the number of staff members at the clinic, Gina explained. However, the workload was increased rather than decreased, and the existing employees were asked to pick up the slack, she told the source. Staff members felt the pain particularly where breaks were concerned. Employees previously enjoyed 10-minute breaks twice a day, but found those rest periods were no longer an option with the heightened task list, which included cleaning offices and sterilizing equipment.
The Fair Labor Standards Act (FLSA) does not guarantee meal or rest breaks, but it does require employers to compensate their employees for any time spent on job duties in addition to premium payment for overtime. California's Department of Industrial Relations establishes that any covered individual is owed a paid 10-minute rest break for every four hours of employee attendance.
If employers are found in violation of the FLSA or state labor laws, they face fines or mandates to recover the payment they owe to employees.
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