Virgin America Case Summary
This class action lawsuit asserts multiple claims that Virgin violated California wage laws by failing to pay its flight attendants for all the time spent before, after and between flights, for writing up incident reports, for time spent in training and for undergoing required drug tests. This class action also claims that Virgin did not allow flight attendants to take meal or rest breaks, failed to pay them overtime and minimum wages and didn’t provide accurate wage statements.
The plaintiffs recently won summary judgment on many of the claims, with the court granting their motion as to Virgin’s failure to pay for all hours worked, failure to pay overtime, failure to provide meal and rest breaks, and failure to provide accurate wage statements claims. The motion was denied regarding the time spent completing incident reports.
The judge also granted summary judgment as to Waiting Time Penalties and UCL and PAGA claims.
What Are Your Rights as an Employee in California?
The California Labor Code requires that employers timely pay employees for their work, specifically requiring that work “performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month.”
The California Labor Code also requires employers to provide “an accurate itemized wage statement” showing gross wages, total hours worked, net wages earned, and all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate, among other things. Virgin admitted that its wage statements did not show the effective hourly rate of pay for each hour of duty or the actual number of hours worked.
The claimed damages in this case are estimated to exceed $60 million.
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For more information on Overtime Law, please visit The Lore Law Firm.