SAN DIEGO - Four Superior Court employees filed a federal lawsuit Friday on behalf of themselves and their co-workers, alleging they have been required to work overtime and during meal breaks without being paid for it.
The lawsuit against the San Diego Superior Court asks for an unspecified amount of money in damages in connection with allegations that the court failed to pay the required wages and failed to provide accurate wage statements. The lawsuit also seeks a court order requiring the Superior Court to provide accurate pay information and for restitution of withheld wages.
A Superior Court spokesman said in an e-mail late Monday afternoon that court officials declined to comment because they "are unfamiliar with the lawsuit."
Jeff Leonard, communications director for the Irvine law firm representing the court employees, said that attorneys working on the case declined to comment Monday.
The lawsuit alleges that employees have been required to do activities for the benefit of the court that start before their regularly scheduled shifts, occur after their shifts are supposed to end, or must be done during meal or rest break periods.
Those activities include: attending legal seminars on court operations; calling attorneys to confirm, schedule or continue hearings; and reviewing paperwork for cases in the courtrooms where they work, the lawsuit alleges.
The lawsuit alleges that Superior Court officials "know they are violating federal law" by requiring the employees to work extra time without paying them for it.
The Superior Court also discourages employees from reporting "all of the time they actually work" and requires employees to eat while they are working, the lawsuit alleges.
The court jobs involved include the positions of children's waiting room assistant, collections officer, administrative clerk, courtroom clerk, independent calendar clerk, interpreter, probate examiner and exhibits custodian, the lawsuit alleges.
"Court officers are entitled to compensation for all work that their job requires of them, whether or not that work was, or is, performed during their scheduled work day," the lawsuit alleges.
The lawsuit also names the County of San Diego as a defendant, describing the Superior Court as a "department/division" of the county and alleging that the court employees participate in the county's retirement system.
In 2000, state lawmakers approved recommendations to make court personnel employees of the state instead of the county.
- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.
Posted in Sdcounty on Tuesday, August 28, 2007 12:00 am Updated: 8:05 am.
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