Morales v. Factor Surfaces LLCAnnotate this Case
Morales accepted a full-time position at Factor, a flooring store, in 2016. His duties included cleaning the warehouse, accepting shipments, making deliveries to job site locations, picking up tile from distributors, and assisting customers in the selection of tile. Morales’s regular hours were Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturdays from 9:00 a.m. to 5:00 p.m. Beginning March 9, 2018, Morales no longer worked every Saturday. After asking Factor to be compensated for overtime hours, Morales was terminated.
Morales sued, seeking unpaid overtime wages, meal and rest break compensation, statutory penalties for inaccurate wage statements, and alleging retaliation and wrongful termination in violation of public policy. The trial court entered a $99,394.16 judgment in favor of Morales, which included $42,792.00 in unpaid overtime wages. The court of appeal affirmed, rejecting an argument that the trial court erred in calculating Morales’s regular rate of pay for purposes of determining the amounts owed to Morales for unpaid overtime. The court calculated Morales’s regular rate of pay by dividing his weekly paychecks by 40, the number of non-overtime hours Morales worked per week. If the employer has failed to keep records required by statute, the consequences for such failure should fall on the employer.