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Element Materials Breaks and Wage Statements California Labor Law Class Action

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Element Materials Building in Huntington Beach, California

The complaint for this class action brings four employment complaints against a company called Element Materials Technology Huntington Beach, LLC. It brings suit under California labor laws and wage orders, for missed meal and rest breaks, improper wage statements, and failure to pay all wages due at separation.

The class for this action is all California citizens current or former non-exempt employees of Element Materials Technology who worked for the company in the state of California, between February 6, 2015 and the date of class certification in this case. There is also a Waiting Time Subclass that consists of all members of the class who separated their employment from Element Materials Technology between February 6, 2016 and the date of class certification.

Element offers testing, inspection certification, and calibration services in the state of California. Plaintiff Roger Flores worked there as a non-exempt employee. 

California labor law provides that employees like Flores must be given meal breaks, normally a thirty-minute meal break after no more than five hours on the job, and sometimes a second meal break if the work shift lasts long enough. If they are not given the required break, the company must give them an additional hour’s pay for each missed meal break. The complaint contends that Flores was not given all his meal breaks and was not compensated for those he missed. 

The law also requires that employees like Flores be given rest periods, preferably in the middle of the work period. Rest periods “shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof” unless the length of the shift is less than three and a half hours. The complaint claims that Flores was not given all his required rest periods and that he was not compensated for those he did not get.

Also, employers are required to provide accurate, itemized wage statements showing nine separate pieces of information. The complaint claims that the statements provided by the company did not correctly state gross and net wages earned, total hours worked, all hourly rates in effect, and the number of hours worked at each hourly rate. 

Finally, the law requires that the employer pay all wages due at the end of the employment. According to the complaint, the company did not do this, in particular in not paying employees proper overtime compensation. 

The complaint alleges violations of California’s Labor Code, its Industrial Welfare Commission Wage Orders, and its Business and Professions Code.

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