Former Marine Seeks Overtime Pay, Is Fired
A former U.S. Marine, fired from his job at a convenience store, filed a wrongful termination lawsuit involving overtime pay. The former Marine had trouble sleeping after experiences in Afghanistan as a Marine. So, he sought a graveyard shift job. Because of the unavailability of other jobs, he took a minimum wage job at a convenience store.
California law requires employers to pay overtime to all employees who are not exempt under a list of specific exemptions. Non-exempt employees who work over eight hours in a day or work on a seventh consecutive day earn one and one-half times their regular rate of pay during those hours; employees who work over 12 hours in a day or more than eight hours on a seventh consecutive day earn double their regular rate of pay.
The Marine sought overtime hours for, among other things, time allegedly spent relabeling expired food with new dates and for training time.
When the former Marine asked for his overtime payment, he was denied and fired shortly after his request.
Terminating employees for reasonable, good faith requests for payment of earned wages is unlawful and constitutes wrongful termination in California.
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