LOS ANGELES — A California outlet of United Kingdom-based lingerie retailer The Agent Provocateur faces an unpaid overtime class action lawsuit filed by an employee, alleging the store failed to properly account for many of its employee’s proper earnings.
The complaint charges the lingerie retailer committed multiple violations of California overtime pay laws including unlawful business practices, failure to pay overtime compensation, failure to provide accurate itemized statements, failure to reimburse employees for required expenses, and failure to pay wages when due.
The lead plaintiff alleges her employer did not take into account her commission earnings when calculating overtime payments for non-overtime exempt employees working at the store.
By failing to account for commission wages when calculating straight pay (pay for work 40 hours and under), the retailer shortchanged many employees over a period of years, the complaint alleges.
Furthermore, the defendant did not allow employees to take full and uninterrupted meal breaks during the day and did not compensate workers for that time spent performing work duties.
Under California law, every employee must take an uninterrupted, unpaid meal break prior to the fifth hour of their shift for the worker to rest, relax, and be free from focusing on work.
The complaint also alleges terminated employees did not have their wages paid to them immediately, as required under California law and when payments were made they did not include overtime and commission pay. Under California law, employees violating these provisions may be required to compensate the employee with up to one month’s income as punishment.
Non-overtime exempt employees were also not reimbursed for various work related expenses including travel and running business related errands. Additionally, the defendant did not provide properly itemized pay stubs detailing gross wages earned, total hours worked, net wages earned, and applicable hourly rate of pay.
Depending on the classification of the individual, employees who worked at the lingerie store up to four years from the filing of the California overtime pay lawsuit. The lawsuit does not name a specific dollar amount of compensation sought but does ask the court to apply state laws when calculating relief for the plaintiffs.
California Unpaid Overtime Lawsuits
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