In recent news, aggrieved employees claim Kelly Services Global, LLC violated California Labor Code when failing to fully relieve employees for their rest periods and meal breaks, resulting in off-the-clock work.

The Case: Yuri Fischer v. Kelly Services Global, LLC

The Court: Orange County Superior Court

The Case No.: 30-2023-01304927-CU-OE-CXC

The Plaintiff: Yuri Fischer v. Kelly Services Global, LLC

The plaintiff in the case, Yuri Fischer, was employed by the defendant, Kelly Services Gobal, LLC in California from June 2021 through June 2022 as a non-exempt employee, paid hourly. As an hourly, non-exempt employee, Fischer was entitled to legally required meal and rest periods and payment of minimum wage and overtime wages due for all his time worked.

The Defendant: Yuri Fischer v. Kelly Services Global, LLC

The defendant in the case, Kelly Services Global, LLC, is a limited liability company operating in California, providing management solutions and staffing services to top companies across numerous industries. According to the complaint, Kelly Services Global, LLC allegedly failed to fully relieve employees for legally required thirty-minute meal breaks and regularly required employees to work more than four hours without providing the legally required rest period (10 minutes). According to California state law, the off-duty rest periods must be free of work-related duties and employer control.

The Case: Yuri Fischer v. Kelly Services Global, LLC

In the case Yuri Fischer v. Kelly Services Global, LLC, the plaintiff files seeking only to recover PAGA civil penalties for himself and current and class members. He does not seek to recover anything other than penalties as permitted by California Labor Code § 2699. The State of California can enforce state labor laws through employees suing under the PAGA as a proxy or agent of California state labor law enforcement agencies. Actions to recover civil penalties under PAGA are essentially law enforcement actions intended to protect the public and do not benefit private parties involved. PAGA-only actions do not seek to recover damages but seek to enforce Labor Code. The plaintiff alleges in the complaint that the defendant violated numerous labor laws. The case is currently pending in the Orange County Superior Court.

If you have questions about how to file a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.