Social Workers File Unpaid Overtime Suit Against County of San Bernardino

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Two social workers employed by the County of San Bernardino’s Department of Aging and Adult Services (DAAS) have filed a proposed collective action that alleges the county has failed to pay them and similarly situated employees proper overtime in violation of the Fair Labor Standards Act (FLSA). (Note: The opt-in lawsuit, filed in mid-August, exempts certain claims arising from a similar, now-settled unpaid overtime case [David Denkin v. County of San Bernardino] certified on behalf of a class of social workers employed at the defendant’s Rancho Cucamonga office.)

The plaintiffs claim the defendant regularly “required, suffered, and/or permitted” DAAS social workers to work more than 40 hours per week without time-and-a-half overtime pay for all hours worked past 40. The complaint alleges the employees accumulated this overtime during unpaid break and meal periods, as well as time spent traveling outside of the office.