San Diego, CA: On July 28, 2011, a class action lawsuit was filed against B & H Education, Inc. in San Diego, California alleging the Beauty Schools violate the rights of admissions advisers under the California Labour Code.
The class action lawsuit alleges that the B & H Beauty Schools unlawfully altered employee time records in order to create the false illusion that proper meal breaks were given to employees. More specifically, the complaint states B & H Education "altered employee time records by recording fictitious thirty (30) minute meal breaks... when in fact the employees did not take a meal break."According to the California Labor Code, employers are required to provide non-exempt employees with a 30-minute, uninterrupted and off-duty meal break for every 5 hours of work.
The B & H Education Admissions Advisors class action lawsuit further alleges that the beauty schools intentionally misclassified the admissions advisors as exempt from overtime compensation in order to avoid wage & hour requirements in violation of California labor laws. In the complaint, admissions officers claim to have performed basic day-to-day activities or report to a higher authority with issues, which means these employees fall outside the scope of "'administrative' or 'executive' exemptions,"and therefore should not be exempt from overtime pay. Under California overtime laws, employers are required to pay employees overtime compensation for all hours worked in excess of eight hours in a single workday or forty hours in a workweek.
