Blumenthal Nordrehaug & Bhowmik Sue BJ's Restaurants For Allegedly Making Their Employees Perform On-Call Work Without Paying Regular and Overtime Wages

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The San Diego labor lawyers at Blumenthal, Nordrehaug and Bhowmik allege the restaurant chain owes their employees wages for their time spent working during on-call shifts.

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BJ's failed to pay the required compensation for all on-call hours worked

The San Diego employment attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action Complaint against BJ's Restaurants, Inc. ("BJ's") on October 9, 2012, claiming that the restaurant chain violated California law by failing to pay their employees for all hours worked, including hours these employees spent working during their on-call shifts. Smith, et al. v. BJ's Restaurants, Inc., Case No. 37-2012-00083170-CU-OE-CTL is currently pending in the San Diego County Superior Court.

The BJ's employees working as servers and bartenders allege in the wage and hour class action Complaint that BJ's required them to remain on "stand-by" for two hours at least once or twice every workweek and had to report to work if BJ's called them. As a result, many employees worked more than eight hours in a workday and in excess of forty hours in a workweek, but BJ's allegedly failed to pay these employees overtime in violation of the California overtime laws.

Founding partner Norman B. Blumenthal stated, “When servers and bartenders are required to remain on-standby and are effectively precluded in engaging in any activity outside of work, they are still under their employer’s control, and should be compensated for the time they spend waiting for their employer to call them.”

Blumenthal, Nordrehaug & Bhowmik are California labor law overtime attorneys who manage various types of wage and hour claims on behalf of California employees. Contact Blumenthal, Nordrehaug & Bhowmik by calling (866) 771-7099 for a free legal consultation.

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