Workers' Compensation Representation FromA Former Workers' Compensation Defense Attorney

Employee rights: Nail technician awarded almost $12,000 overtime

No worker in California should have to continue working overtime hours without compensation just to be able to earn some income to support a family. Employee rights in California include the right to fight for full payment for the work performed. This was what a nail technician in another state did when she finally plucked up the courage to do something about being financially exploited for seven years.

According to court documents in the federal lawsuit, the plaintiff claimed she was employed by the defendant as a nail technician to work in a nail salon from 2008 through 2015. The plaintiff contended she earned $75 per day during all those years, irrespective of the number of hours she worked. She said her hours from Mondays to Saturdays were typically nine per day, while she worked for six-and-a-half hours on Sundays.

Reportedly, in answer to the plaintiff’s statements of facts, declaration and other supporting exhibits, the defendant only argued that the overtime laws were not deliberately and knowingly violated. The salon had always paid the plaintiff in cash with no wage statements or pay stubs. The defendant also did not dispute the fact that no compensation was paid for overtime.

The federal judge found that the lack of evidence provided by the defendant constituted an uncontested case, and the plaintiff was awarded unpaid overtime to the value of $11,865. California employees who find themselves in similar situations are entitled to seek the support and guidance of an experienced employment law attorney to fight for their employee rights. Each case is unique, and a lawyer can assess the circumstances and look for a way to level the playing field and work to achieve the best possible outcome.

Source: westfaironline.com, “Judge rules Larchmont nail salon failed to pay overtime wages“, Bill Heltzel, Sept. 8, 2017