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BIBIYAN LAW GROUP, P.C.
1 David D. Bibiyan (Cal. Bar No. 287811)
david@tomorrowlaw.com
2 Jeffrey D. Klein (Cal. Bar No. 297296)
jeff@tomorrowlaw.com
3 Zachary T. Chrzan (Cal Bar No. 329159)
zach@tomorrowlaw.com
4 Calyn V. Hadlock (Cal Bar No. 352401)
calyn@tomorrowlaw.com
5 1460 Westwood Blvd,
Los Angeles, California 90024
6 Tel: (310) 438-5555; Fax: (310) 300-1705
7 Attorneys for Plaintiff, ERIC LAMONT MERITT and
on behalf of himself and all others similarly situated
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ALAMEDA
10
ERIC LAMONT MERRITT, an individual and CASE NO.:
11 on behalf of all others similarly situated,
CLASS ACTION COMPLAINT FOR:
12 Plaintiff,
1. FAILURE TO PAY OVERTIME WAGES;
13 v.
2. FAILURE TO PAY MINIMUM WAGES;
14
3. FAILURE TO PROVIDE MEAL
15 TEAM VOLKSWAGEN OF HAYWARD PERIODS;
CORPORATION, a California corporation;
16 and DOES 1 through 100, inclusive, 4. FAILURE TO PROVIDE REST PERIODS;
17 Defendants. 5. WAITING TIME PENALTIES;
18 6. WAGE STATEMENT VIOLATIONS;
19 7. FAILURE TO TIMELY PAY WAGES;
20 8. FAILURE TO INDEMNIFY;
21 9. FAILURE TO PAY INTEREST ON
DEPOSITS:
22
10. VIOLATION OF LABOR CODE § 227.3
23
11. UNFAIR COMPETITION.
24
25 DEMAND FOR JURY TRIAL
26 [Amount in Controversy Exceeds $25,000.00]
27
28
CLASS ACTION COMPLAINT
1 Plaintiff Eric Lamont Merritt, on behalf of himself and all others similarly situated, alleges
2 as follows:
3 GENERAL ALLEGATIONS
4 INTRODUCTION
5 1. This is a Class Action, pursuant to Code of Civil Procedure section 382, against Team
6 Volkswagen of Hayward Corporation, and any of its respective subsidiaries or affiliated companies
7 within the State of California (“Volkswagen”) and collectively, with DOES 1 through 100, as further
8 defined below, “Defendant” on behalf of Plaintiff and all other current and former non-exempt
9 California employees employed by or formerly employed by Defendant (“Class Members”).
10 PARTIES
11 A. Plaintiff
12 2. Plaintiff Eric Lamont Merritt is a resident of the State of California. At all relevant
13 times herein, Plaintiff is informed and believes, and based thereon alleges, that Defendants
14 employed Plaintiff as a non-exempt employee, with duties that included, but were not limited to,
15 taking inventory and generating reports. Plaintiff is informed and believes, and based thereon
16 alleges, that Plaintiff Eric Lamont Merritt worked for Defendants from approximately December of
17 2022 through approximately April of 2023.
18 B. Defendants
19 3. Plaintiff is informed and believes and based thereon alleges that defendant
20 Volkswagen is, and at all times relevant hereto was, a corporation organized and existing under and
21 by virtue of the laws of the State of California and doing business in the County of Alameda, State
22 of California.
23 4. The true names and capacities, whether individual, corporate, associate, or otherwise,
24 of defendants sued herein as DOES 1 through 100, inclusive, are currently unknown to Plaintiff,
25 who therefore sues defendants by such fictitious names under Code of Civil Procedure section 474.
26 Plaintiff is informed and believes and based thereon alleges that each of the defendants designated
27 herein as DOE is legally responsible in some manner for the unlawful acts referred to herein.
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CLASS ACTION COMPLAINT
1 Plaintiff will seek leave of court to amend this Complaint to reflect the true names and capacities of
2 the defendants designated hereinafter as DOES when such identities become known. Plaintiff is
3 informed and believes, and based thereon alleges, that each defendant acted in all respects pertinent
4 to this action, as the agent of the other defendant(s), carried out a joint scheme, business plan or
5 policy in all respects pertinent hereto, and the acts of each defendant are legally attributable to the
6 other defendants. Whenever, heretofore or hereinafter, reference is made to “Defendants,” it shall
7 include Volkswagen, and any of its parent, subsidiary, or affiliated companies within the State of
8 California, as well as DOES 1 through 100 identified herein.
9 JOINT LIABILITY ALLEGATIONS
10 5. Plaintiff is informed and believes and based thereon alleges that all the times
11 mentioned herein, each of the Defendants was the agent, principal, employee, employer,
12 representative, joint venture or co-conspirator of each of the other defendants, either actually or
13 ostensibly, and in doing the things alleged herein acted within the course and scope of such agency,
14 employment, joint venture, and conspiracy.
15 6. All of the acts and conduct described herein of each and every corporate defendant
16 was duly authorized, ordered, and directed by the respective and collective defendant corporate
17 employers, and the officers and management-level employees of said corporate employers. In
18 addition thereto, said corporate employers participated in the aforementioned acts and conduct of
19 their said employees, agents, and representatives, and each of them; and upon completion of the
20 aforesaid acts and conduct of said corporate employees, agents, and representatives, the defendant
21 corporation respectively and collectively ratified, accepted the benefits of, condoned, lauded,
22 acquiesced, authorized, and otherwise approved of each and all of the said acts and conduct of the
23 aforementioned corporate employees, agents and representatives.
24 7. Plaintiff is further informed and believes and based thereon alleges that DOES 51
25 through 100 violated, or caused to be violated, the above-referenced and below-referenced Labor
26 Code provisions in violation of Labor Code section 558.1.
27 8. Plaintiff is informed and believes, and based thereon allege, that there exists such a
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CLASS ACTION COMPLAINT
1 unity of interest and ownership between Defendants, and each of them, that their individuality and
2 separateness have ceased to exist.
3 9. Plaintiff is informed and believes, and based thereon alleges that despite the
4 formation of the purported corporate existence of Volkswagen, and DOES 1 through 50, inclusive
5 (the “Alter Ego Defendants”), they, and each of them, are one and the same with DOES 51 through
6 100 (“Individual Defendants”), and each of them, due to, but not limited to, the following reasons:
7 A. The Alter Ego Defendants are completely dominated and controlled by the Individual
8 Defendants who personally committed the wrongful and illegal acts and violated the
9 laws as set forth in this Complaint, and who has hidden and currently hide behind the
10 Alter Ego Defendants to perpetrate frauds, circumvent statutes, or accomplish some
11 other wrongful or inequitable purpose;
12 B. The Individual Defendants derive actual and significant monetary benefits by and
13 through the Alter Ego Defendants’ unlawful conduct, and by using the Alter Ego
14 Defendants as the funding source for the Individual Defendants’ own personal
15 expenditures;
16 C. Plaintiff is informed and believes and thereon alleges that the Individual Defendants
17 and the Alter Ego Defendants, while really one and the same, were segregated to
18 appear as though separate and distinct for purposes of perpetrating a fraud,
19 circumventing a statute, or accomplishing some other wrongful or inequitable
20 purpose;
21 D. Plaintiff is informed and believes and thereon alleges that the business affairs of the
22 Individual Defendants and the Alter Ego Defendants are, and at all relevant times
23 mentioned herein were, so mixed and intermingled that the same cannot reasonably
24 be segregated, and the same are inextricable confusion. The Alter Ego Defendants
25 are, and at all relevant times mentioned herein were, used by the Individual
26 Defendants as mere shells and conduits for the conduct of certain of their, and each
27 of their affairs. The Alter Ego Defendants are, and at all relevant times mentioned
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CLASS ACTION COMPLAINT
1 herein were, the alter egos of the Individual Defendants;
2 E. The recognition of the separate existence of the Individual Defendants and the Alter
3 Ego Defendants would promote injustice insofar that it would permit defendants to
4 insulate themselves from liability to Plaintiff for violations of the Civil Code, Labor
5 Code, and other statutory violations. The corporate existence of these defendants
6 should thus be disregarded in equity and for the ends of justice because such
7 disregard is necessary to avoid fraud and injustice to Plaintiff herein;
8 F. Accordingly, the Alter Ego Defendants constitute the alter ego of the Individual
9 Defendants (and vice versa), and the fiction of their separate corporate existence
10 must be disregarded;
11 10. As a result of the aforementioned facts, Plaintiff is informed and believes, and based
12 thereon alleges that Defendants, and each of them, are joint employers.
13 JURISDICTION
14 11. Jurisdiction exists in the Superior Court of the State of California pursuant to Code
15 of Civil Procedure section 410.10.
16 12. Venue is proper in Alameda County, California pursuant to Code of Civil Procedure
17 sections 392, et seq. because, among other things, Alameda County is where the causes of action
18 complained of herein arose; the county in which the employment relationship began; the county in
19 which performance of the employment contract, or part of it, between Plaintiff and Defendants was
20 due to be performed; the county in which the employment contract, or part of it, between Plaintiff
21 and Defendants was actually performed; and the county in which Defendants, or some of them,
22 reside. Moreover, the unlawful acts alleged herein have a direct effect on Plaintiff and Class
23 Members in Alameda County, because Defendants employ numerous Class Members in Alameda
24 County.
25 FACTUAL BACKGROUND
26 13. For at least four (4) years prior to the filing of this action and continuing to the
27 present, Defendants have, at times, failed to pay overtime wages to Plaintiff and Class Members, or
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CLASS ACTION COMPLAINT
1 some of them, in violation of California state wage and hour laws as a result of, without limitation,
2 Plaintiff and Class Members working over eight (8) hours per day, forty (40) hours per week, and
3 seven consecutive work days in a work week without being properly compensated for hours worked
4 in excess of (8) hours per day in a work day, forty (40) hours per week in a work week, and/or hours
5 worked on the seventh consecutive work day in a work week by, among other things, failing to
6 accurately track and/or pay for all minutes actually worked at the proper overtime rate of pay;
7 engaging, suffering, or permitting employees to work off the clock, including, without limitation,
8 by requiring Plaintiff and Class Members: to come early to work and leave late work without being
9 able to clock in for all that time, to suffer under Defendants’ control due to long lines for clocking
10 in, to complete pre-shift tasks before clocking in and post-shift tasks after clocking out, to clock out
11 for meal periods and continue working, to clock out for rest periods, to don and doff uniforms and/or
12 safety equipment off the clock, to attend company meetings off the clock, to make phone calls off
13 the clock, to drive off the clock, and/or go through security screenings and/or temperature checks
14 off the clock; failing to include all forms of remuneration, including non-discretionary bonuses,
15 incentive pay, meal allowances, mask allowances, gift cards and other forms of remuneration into
16 the regular rate of pay for the pay periods where overtime was worked and the additional
17 compensation was earned for the purpose of calculating the overtime rate of pay; detrimental
18 rounding of employee time entries, editing and/or manipulation of time entries; and by attempting
19 but failing to properly implement an alternative workweek schedule (“AWS”) (including, without
20 limitation, by failing to implement a written agreement designating the regularly scheduled
21 alternative workweek in which the specified number of work days and work hours are regularly
22 recurring; failing to adopt the AWS in a secret ballot election, before the performance of work, by
23 at least a two-thirds (2/3) vote of the affected employees in the work unit; failing to follow the
24 notice/disclosures procedures prior to any AWS election; and/or failing to register an AWS election
25 with the State of California, as required by Labor Code section 511 and applicable Wage Orders to
26 the detriment of Plaintiff and Class Members.
27 14. For at least four (4) years prior to the filing of this Action and continuing to the
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CLASS ACTION COMPLAINT
1 present, Defendants have, at times, failed to pay minimum wages to Plaintiff and Class Members,
2 or some of them, in violation of California state wage and hour laws as a result of, among other
3 things, at times, failing to accurately track and/or pay for all hours actually worked at their regular
4 rate of pay that is above the minimum wage; engaging, suffering, or permitting employees to work
5 off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come early
6 to work and leave late work without being able to clock in for all that time, to suffer under
7 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in
8 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock
9 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend
10 company meetings off the clock, to make phone calls off the clock; to drive off the clock; detrimental
11 rounding of employee time entries; editing and/or manipulation of time entries to show less hours
12 than actually worked; failing to pay split shift premiums; and failing to pay reporting time pay to
13 the detriment of Plaintiff and Class Members.
14 15. For at least four (4) years prior to the filing of this Action and continuing to the
15 present, Defendants have, at times, failed to provide Plaintiff and Class Members, or some of them,
16 full, timely thirty (30) minute uninterrupted meal period for days on which they worked more than
17 five (5) hours in a work day and a second thirty (30) minute uninterrupted meal period for days on
18 which they worked in excess of ten (10) hours in a work day, and failing to provide compensation
19 for such unprovided meal periods as required by California wage and hour laws.
20 16. For at least four (4) years prior to the filing of this action and continuing to the
21 present, Defendants have, at times, failed to authorize and permit Plaintiff and Class Members, or
22 some of them, to take rest periods of at least ten (10) minutes per four (4) hours worked or major
23 fraction thereof and failed to provide compensation for such unprovided rest periods as required by
24 California wage and hour laws.
25 17. For at least three (3) years prior to the filing of this action and continuing to the
26 present, Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the
27 full amount of their wages owed to them upon termination and/or resignation as required by Labor
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CLASS ACTION COMPLAINT
1 Code sections 201 and 202, including for, without limitation, failing to pay overtime wages,
2 minimum wages, premium wages, and vacation pay pursuant to Labor Code section 227.3.
3 18. For at least one (1) year prior to the filing of this Action and continuing to the present,
4 Defendants have, at times, failed to furnish Plaintiff and Class Members, or some of them, with
5 itemized wage statements that accurately reflect gross wages earned; total hours worked; net wages
6 earned; all applicable hourly rates in effect during the pay period and the corresponding number of
7 hours worked at each hourly rate; the name and address of the legal entity that is the employer; the
8 name and address of the entity securing the services of the farm labor contractor who employed
9 Plaintiff and Class Members; and other such information as required by Labor Code section 226,
10 subdivision (a). As a result thereof, Defendants have further failed to furnish employees with an
11 accurate calculation of gross and gross wages earned, as well as gross and net wages paid.
12 19. For at least one (1) year prior to the filing of this action and continuing to the present,
13 Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the full
14 amount of their wages for labor performed in a timely fashion as required under Labor Code section
15 204.
16 20. For at least three (3) years prior to the filing of this action and continuing to the
17 present, Defendants have, at times, failed to indemnify Class Members, or some of them, for the
18 costs incurred in purchasing and/or providing unreturned deposits for mandatory work uniforms;
19 laundering mandatory work uniforms; mileage and/or gas costs incurred in driving personal vehicles
20 for work-related purposes; using cellular phones for work-related purposes; and purchasing tools
21 necessary to perform work duties.
22 21. For at least three (3) years prior to the filing of the action and continuing to the
23 present, Defendants have, at times, failed to return interest on deposits made by Plaintiff and Class
24 Members, or some of them, for uniforms.
25 22. For at least four (4) years prior to the filing of this action and continuing to the
26 present, Defendants have had a consistent policy of failing to provide Plaintiff and similarly situated
27 employees or former employees within the State of California with compensation at their final rate
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CLASS ACTION COMPLAINT
1 of pay for unused vested paid vacation days pursuant to Labor Code section 227.3.
2 23. For at least four (4) years prior to the filing of this action and continuing to the
3 present, Defendants have had a consistent policy of failing to provide Plaintiffs and similarly
4 situated employees or former employees within the State of California with the rights provided to
5 them under the Healthy Workplace Heathy Families Act of 2014, codified at Labor Code section
6 245, et seq.
7 24. Plaintiff, on their own behalf and on behalf of Class Members, brings this action
8 pursuant to, including but not limited to, Labor Code sections 200, 201, 202, 203, 204, 226, 226.7,
9 227.3, 245, et seq., 404, 510, 512, 558.1, 1194, 1194.2, 1197, 2802, and California Code of
10 Regulations, Title 8, section 11040, seeking overtime wages, minimum wages, payment of premium
11 wages for missed meal and rest periods, failure to pay timely wages, waiting time penalties, wage
12 statement penalties, failure to indemnify work-related expenses, failure to pay interest on deposits
13 made, failing to pay vested vacation time at the proper rate of pay, other such provisions of
14 California law, and reasonable attorneys’ fees and costs.
15 25. Plaintiff, on Plaintiff’s own behalf and on behalf of Class Members, pursuant to
16 Business and Professions Code sections 17200 through 17208, also seeks (an) injunction(s)
17 prohibiting Defendants from further violating the Labor Code and requiring the establishment of
18 appropriate and effective means to prevent further violations, as well as all monies owed but
19 withheld and retained by Defendants to which Plaintiff and Class Members are entitled, as well as
20 restitution of amounts owed.
21 CLASS ACTION ALLEGATIONS
22 26. Plaintiff brings this action on behalf of Plaintiff and Class Members as a class action
23 pursuant to Code of Civil Procedure section 382. Plaintiff seeks to represent a class of all current
24 and former non-exempt employees of Defendants within the State of California at any time
25 commencing four (4) years preceding the filing of Plaintiff’s complaint up until the time that notice
26 of the class action is provided to the class (collectively referred to as “Class Members”).
27 27. Plaintiff reserves the right under California Rule of Court rule 3.765, subdivision (b)
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CLASS ACTION COMPLAINT
1 to amend or modify the class description with greater specificity, further divide the defined class
2 into subclasses, and to further specify or limit the issues for which certification is sought.
3 28. This action has been brought and may properly be maintained as a class action under
4 the provisions of Code of Civil Procedure section 382 because there is a well-defined community
5 of interest in the litigation and the proposed Class is easily ascertainable.
6 A. Numerosity
7 29. The potential Class Members as defined are so numerous that joinder of all the
8 members of the Class is impracticable. While the precise number of Class Members has not been
9 determined yet, Plaintiff is informed and believes that there are over seventy-five (75) Class
10 Members employed by Defendants within the State of California.
11 30. Accounting for employee turnover during the relevant periods necessarily increases
12 this number. Plaintiff alleges Defendants’ employment records would provide information as to the
13 number and location of all Class Members. Joinder of all members of the proposed Class is not
14 practicable.
15 B. Commonality
16 31. There are questions of law and fact common to Class Members. These common
17 questions include, but are not limited to:
18 A. Did Defendants violate Labor Code sections 510 and 1194 by failing to pay all hours
19 worked at a proper overtime rate of pay?
20 B. Did Defendants violate Labor Code sections 510, 1194 and 1197 by failing to pay
21 for all other time worked at the employee’s regular rate of pay and a rate of pay that
22 is greater than the applicable minimum wage?
23 C. Did Defendants violate Labor Code section 512 by not authorizing or permitting
24 Class Members to take compliant meal periods?
25 D. Did Defendants violate Labor Code section 226.7 by not providing Class Members
26 with additional wages for missed or interrupted meal periods?
27 E. Did Defendants violate applicable Wage Orders by not authorizing or permitting
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CLASS ACTION COMPLAINT
1 Class Members to take compliant rest periods?
2 F. Did Defendants violate Labor Code section 226.7 by not providing Class Members
3 with additional wages for missed rest periods?
4 G. Did Defendants violate Labor Code sections 201 and 202 by failing to pay Class
5 Members upon termination or resignation all wages earned?
6 H. Are Defendants liable to Class Members for waiting time penalties under Labor Code
7 section 203?
8 I. Did Defendants violate Labor Code section 226, subdivision (a) by not furnishing
9 Class Members with accurate wage statements?
10 J. Did Defendants fail to pay Class Members in a timely fashion as required under
11 Labor Code section 204?
12 K. Did Defendants fail to indemnify Class Members for all necessary expenditures or
13 losses incurred in direct consequence of the discharge of their duties or by obedience
14 to the directions of Defendants as required under Labor Code section 2802?
15 L. Did Defendants fail to return deposits made by Class Members with accrued interest
16 thereon as required under Labor Code section 404?
17 M. Did Defendants violate Labor Code section 227.3 by not providing Class Members
18 with compensation at their final rate of pay for vested paid vacation time.
19 N. Did Defendants violate the Unfair Competition Law, Business and Professions Code
20 section 17200, et seq., by their unlawful practices as alleged herein?
21 O. Are Class Members entitled to restitution of wages under Business and Professions
22 Code section 17203?
23 P. Are Class Members entitled to costs and attorneys’ fees?
24 Q. Are Class Members entitled to interest?
25 C. Typicality
26 32. The claims of Plaintiff herein alleged are typical of those claims which could be
27 alleged by any Class Members, and the relief sought is typical of the relief which would be sought
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CLASS ACTION COMPLAINT
1 by each Class Member in separate actions. Plaintiff and Class Members sustained injuries and
2 damages arising out of and caused by Defendants’ common course of conduct in violation of laws
3 and regulations that have the force and effect of law and statutes as alleged herein.
4 D. Adequacy of Representation
5 33. Plaintiff will fairly and adequately represent and protect the interest of Class
6 Members. Counsel who represents Plaintiff is competent and experienced in litigating wage and
7 hour class actions.
8 E. Superiority of Class Action
9 34. A class action is superior to other available means for the fair and efficient
10 adjudication of this controversy. Individual joinder of all Class Members is not practicable, and
11 questions of law and fact common to Class Members predominate over any questions affecting only
12 individual Class Members. Class Members, as further described therein, have been damaged and
13 are entitled to recovery by reason of Defendants’ policies and/or practices that have resulted in the
14 violation of the Labor Code at times, as set out herein.
15 35. Class action treatment will allow Class Members to litigate their claims in a manner
16 that is most efficient and economical for the parties and the judicial system. Plaintiff is unaware of
17 any difficulties that are likely to be encountered in the management of this action that would
18 preclude its maintenance as a class action.
19 FIRST CAUSE OF ACTION
20 (Failure to Pay Overtime Wages – Against All Defendants)
21 36. Plaintiff realleges and incorporates by reference all of the allegations contained in
22 the preceding paragraphs as though fully set forth hereat.
23 37. At all relevant times, Plaintiff and Class Members were employees or former
24 employees of Defendants covered by Labor Code sections 510, 1194 and 1199, as well as applicable
25 Wage Orders.
26 38. At all times relevant to this Complaint, Labor Code section 510 was in effect and
27 provided: “(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in
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CLASS ACTION COMPLAINT
1 one workday and any work in excess of forty hours in any one workweek . . . shall be compensated
2 at the rate of no less than one and one-half times the regular rate of pay for an employee.”
3 39. At all times relevant to this Complaint, Labor Code section 510 further provided that
4 “[a]ny work in excess of 12 hours in one day shall be compensated at the rate of no less than twice
5 the regular rate of pay for an employee. In addition, any work in excess of eight hours on any
6 seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of
7 pay.”
8 40. Four (4) years prior to the filing of the Complaint in this Action through the present,
9 Plaintiff and Class Members, at times, worked for Defendants during shifts that consisted of more
10 than eight (8) hours in a workday and/or more than forty hours in a workweek, and/or seven (7)
11 consecutive workdays in a workweek, without being paid overtime wages for all hours worked as a
12 result of, including but not limited to, Defendants failing to accurately track and/or pay for all hours
13 actually worked at the proper overtime rate of pay; engaging, suffering, or permitting employees to
14 work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come
15 early to work and leave late work without being able to clock in for all that time, to suffer under
16 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in
17 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock
18 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend
19 company meetings off the clock, to make phone calls off the clock, to drive off the clock, and/or go
20 through security screenings and/or temperature checks off the clock; failing to include all forms of
21 remuneration, including non-discretionary bonuses, incentive pay, meal allowances, mask
22 allowances, gift cards and other forms of remuneration into the regular rate of pay for the pay periods
23 where overtime was worked and the additional compensation was earned for the purpose of
24 calculating the overtime rate of pay; detrimental rounding of employee time entries, editing and/or
25 manipulation of time entries; and by attempting but failing to properly implement an alternative
26 workweek schedule (“AWS”) (including, without limitation, by failing to implement a written
27 agreement designating the regularly scheduled alternative workweek in which the specified number
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CLASS ACTION COMPLAINT
1 of work days and work hours are regularly recurring; failing to adopt the AWS in a secret ballot
2 election, before the performance of work, by at least a two-thirds (2/3) vote of the affected
3 employees in the work unit; failing to follow the notice/disclosures procedures prior to any AWS
4 election; and/or failing to register an AWS election with the State of California, as required by Labor
5 Code section 511 and applicable Wage Orders to the detriment of Plaintiff and Class Members.
6 41. Accordingly, by requiring Plaintiff and Class Members to, at times, work greater
7 than eight (8) hours per workday, forty (40) hours per workweek, and/or seven (7) straight workdays
8 without properly compensating overtime wages at the proper overtime rate of pay, Defendants, on
9 occasion, willfully violated the provisions of the Labor Code, among others, sections 510, 1194, and
10 applicable IWC Wage Orders, and California law.
11 42. As a result of the unlawful acts of Defendants, Plaintiff and Class Members have
12 been deprived of overtime wages in amounts to be determined at trial, and are entitled to recovery,
13 plus interest and penalties thereon, attorneys’ fees and costs, pursuant to Labor Code section 1194
14 and 1199, Code of Civil Procedure section 1021.5 and 1032, and Civil Code section 3287.
15 SECOND CAUSE OF ACTION
16 (Failure to Pay Minimum Wages – Against All Defendants)
17 43. Plaintiff realleges and incorporates by reference all of the allegations contained in
18 the preceding paragraphs as though fully set forth hereat.
19 44. At all relevant times, Plaintiff and Class Members were employees or former
20 employees of Defendants covered by Labor Code sections 1197, 1199 and applicable Wage Orders.
21 45. Pursuant to Labor Code section 1197 and applicable Wage Orders, Plaintiff and
22 Class Members were entitled to receive minimum wages for all hours worked or otherwise under
23 Defendants’ control.
24 46. For four (4) years prior to the filing of the Complaint in this Action through the
25 present, Defendants failed, at times, to accurately track and/or pay for all hours actually worked at
26 their regular rate of pay that is above the minimum wage; engaged, suffered, or permitted employees
27 to work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to
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CLASS ACTION COMPLAINT
1 come early to work and leave late work without being able to clock in for all that time, to suffer
2 under Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before
3 clocking in and post-shift tasks after clocking out, to clock out for meal periods and continue
4 working, to clock out for rest periods, to don and doff uniforms and/or safety equipment off the
5 clock, to attend company meetings off the clock, to make phone calls off the clock; to drive off the
6 clock; detrimental rounding of employee time entries; editing and/or manipulation of time entries to
7 show less hours than actually worked; failing to pay split shift premiums; and failing to pay reporting
8 time pay to the detriment of Plaintiff and Class Members.
9 47. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
10 suffered damages in an amount, subject to proof, to the extent they were not paid minimum wages
11 for all hours worked or otherwise due.
12 48. Pursuant to Labor Code sections 218.6, 1194, 1194.2, Code of Civil Procedure
13 sections 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to
14 recover the full amount of unpaid minimum wages, interest and penalties thereon, liquidated
15 damages, reasonable attorneys’ fees and costs of suit.
16 THIRD CAUSE OF ACTION
17 (Failure to Provide Meal Periods – Against All Defendants)
18 49. Plaintiff realleges and incorporates by reference all of the allegations contained in
19 the preceding paragraphs as though fully set forth hereat.
20 50. At all relevant times, Plaintiff and Class Members were employees or former
21 employees of Defendants covered by Labor Code section 512 and applicable Wage Orders.
22 51. Pursuant to Labor Code section 512 and applicable Wage Orders, no employer shall
23 employ an employee for a work period of more than five (5) hours without a timely meal break of
24 not less than thirty (30) minutes in which the employee is relieved of all of his or her duties.
25 Furthermore, no employer shall employ an employee for a work period of more than ten (10) hours
26 per day without providing the employee with a second timely meal period of not less than thirty (30)
27 minutes in which the employee is relieved of all of his or her duties.
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CLASS ACTION COMPLAINT
1 52. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee
2 with a meal period as provided in the applicable Wage Order of the Industrial Welfare Commission,
3 the employer shall pay the employee one (1) additional hour of pay at the employee’s regular rate
4 of compensation for each workday that the meal period is not provided.
5 53. For four (4) years prior to the filing of the Complaint in this Action through the
6 present, Plaintiff and Class Members were, at times, not provided complete, timely 30-minute, duty-
7 free uninterrupted meal periods every five hours of work without waiving the right to take them, as
8 permitted. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the
9 Class Member’s regular rate of compensation on the occasions that Class Members were not
10 provided compliant meal periods.
11 54. By their failure to provide Plaintiff and Class Members compliant meal periods as
12 contemplated by Labor Code section 512, among other California authorities, and failing, at times,
13 to provide compensation for such unprovided meal periods, as alleged above, Defendants willfully
14 violated the provisions of Labor Code section 512 and applicable Wage Orders.
15 55. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
16 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay
17 owed for missed, untimely, interrupted, incomplete and/or on-duty meal periods.
18 56. Plaintiff and Class Members are entitled to recover the full amount of their unpaid
19 additional pay for unprovided compliant meal periods, in amounts to be determined at trial, plus
20 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7,
21 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287.
22 FOURTH CAUSE OF ACTION
23 (Failure to Provide Rest Periods – Against All Defendants)
24 57. Plaintiff realleges and incorporates by reference all of the allegations contained in
25 the preceding paragraphs as though fully set forth hereat.
26 58. At all relevant times, Plaintiff and Class Members were employees or former
27 employees of Defendants covered by applicable Wage Orders.
28
16
CLASS ACTION COMPLAINT
1 59. California law and applicable Wage Orders require that employers “authorize and
2 permit” employees to take ten (10) minute rest periods in about the middle of each four (4) hour
3 work period “or major fraction thereof.” Accordingly, employees who work shifts of three and-a-
4 half (3 ½) to six (6) hours must be provided ten (10) minutes of paid rest period, employees who
5 work shifts of more than six (6) and up to ten (10) hours must be provided with twenty (20) minutes
6 of paid rest period, and employees who work shifts of more than ten (10) hours must be provided
7 thirty (30) minutes of paid rest period.
8 60. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee
9 with a meal period or rest period as provided in the applicable Wage Order of the Industrial Welfare
10 Commission, the employer shall pay the employee one (1) additional hour of pay at the employee’s
11 regular rate of compensation for each work day that the rest period is not provided.
12 61. For four (4) years prior to the filing of the Complaint in this Action through the
13 present, Plaintiff and Class Members were, at times, not authorized or permitted to take complete,
14 timely 10-minute, duty-free uninterrupted rest periods every four (4) hours of work or major fraction
15 thereof. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the Class
16 Member’s regular rate of compensation on the occasions that Class Members were not authorized
17 or permitted to take compliant rest periods.
18 62. By their failure, at times, to authorize and permit Plaintiff and Class Members to take
19 rest periods contemplated by California law, and one (1) additional hour of pay at the employee’s
20 regular rate of compensation for such unprovided rest periods, as alleged above, Defendants
21 willfully violated the provisions of Labor Code section 226.7 and applicable Wage Orders.
22 63. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
23 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay
24 owed for rest periods that they were not authorized or permitted to take.
25 64. Plaintiff and Class Members are entitled to recover the full amount of their unpaid
26 additional pay for unprovided compliant rest periods, in amounts to be determined at trial, plus
27 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7,
28
17
CLASS ACTION COMPLAINT
1 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287.
2 FIFTH CAUSE OF ACTION
3 (Failure to Pay All Wages Due Upon Termination – Against All Defendants)
4 65. Plaintiff realleges and incorporates by reference all of the allegations contained in
5 the preceding paragraphs as though fully set forth hereat.
6 66. At all relevant times, Plaintiff and Class Members were employees or former
7 employees of Defendants covered by Labor Code sections 201, 202 and 203, as well as applicable
8 Wage Orders.
9 67. Pursuant to Labor Code sections 201 and 202, Plaintiff and Class Members were
10 entitled upon termination to timely payment of all wages earned and unpaid prior to termination.
11 Discharged Class Members were entitled to payment of all wages earned and unpaid prior to
12 discharge immediately upon termination. Class Members who resigned were entitled to payment
13 of all wages earned and unpaid prior to resignation within 72 hours after giving notice of resignation
14 or, if they gave 72 hours previous notice, they were entitled to payment of all wages earned and
15 unpaid at the time of resignation.
16 68. Plaintiff is informed and believes, and based thereon alleges, that in the three (3)
17 years before the filing of the Complaint in this Action through the present, Defendants, due to the
18 failure, at times, to provide overtime wages mentioned above, failed to pay Plaintiff and Class
19 Members all wages earned prior to resignation or termination in accordance with Labor Code
20 sections 201 or 202.
21 69. Plaintiff is informed and believes Defendants’ failure, at times, to pay Plaintiff and
22 Class Members all wages earned prior to termination or resignation in accordance with Labor Code
23 sections 201 and 202 was willful. Defendants had the ability to pay all wages earned by Plaintiff
24 and Class Members at the time of termination in accordance with Labor Code sections 201 and 202,
25 but intentionally adopted policies or practices incompatible with the requirements of Labor Code
26 sections 201 and 202 resulting in the failure, at times, to pay all wages earned prior to termination
27 or resignation.
28
18
CLASS ACTION COMPLAINT
1 70. Pursuant to Labor Code section 203, Plaintiff and Class Members are entitled to
2 waiting time penalties from the date their earned and unpaid wages were due, upon termination or
3 resignation, until paid, up to a maximum of thirty (30) days.
4 71. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
5 suffered damages in an amount subject to proof, to the extent they were not paid for all wages earned
6 prior to termination or resignation.
7 72. Pursuant to Labor Code section 203 and 218.6, Code of Civil Procedure sections
8 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to recover
9 waiting time penalties, interest, and their costs of suit, as well.
10 SIXTH CAUSE OF ACTION
11 (Failure to Provide Accurate Wage Statements – Against All Defendants)
12 73. Plaintiff realleges and incorporates by reference all of the allegations contained in
13 the preceding paragraphs as though fully set forth hereat.
14 74. At all relevant times, Plaintiff and Class Members were employees or former
15 employees of Defendants covered by Labor Code section 226, as well as applicable Wage Orders.
16 75. Pursuant to Labor Code section 226, subdivision (a), Plaintiff and Class Members
17 were entitled to receive, semi-monthly or at the time of each payment of wages, an accurate itemized
18 statement that accurately reflects, among other things, gross wages earned; total hours worked; net
19 wages earned; all applicable hourly rates in effect during the pay period and the corresponding
20 number of hours worked at each hourly rate; and the name and address of the legal entity that is the
21 employer; and the name and address of the entity securing the services of the farm labor contractor
22 who employed Plaintiff and Class Members, among other things.
23 76. Plaintiff is informed and believes, and based thereon alleges, that in the one (1) year
24 before the filing of the Complaint in this Action through the present, Defendants failed to comply
25 with Labor Code section 226, subdivision (a) by adopting policies and practices that resulted in their
26 failure, at times, to furnish Plaintiff and Class Members with accurate itemized statements that
27 accurately reflect, among other things, gross wages earned; total hours worked; net wages earned;
28
19
CLASS ACTION COMPLAINT
1 all applicable hourly rates in effect during the pay period and the corresponding number of hours
2 worked at each hourly rate; and the name and address of the legal entity that is the employer; and
3 the name and address of the entity securing the services of the farm labor contractor who employed
4 Plaintiff and Class Members, among other things.
5 77. Defendants’ failure to, at times, provide Plaintiff and Class Members with accurate
6 wage statements was knowing, intentional, and willful. Defendants had the ability to provide
7 Plaintiff and the other Class Members with accurate wage statements, but, at times, willfully
8 provided wage statements that Defendants knew were not accurate.
9 78. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
10 suffered injury. The absence of accurate information on Class Members’ wage statements at times
11 has delayed timely challenge to Defendants’ unlawful pay practices; requires discovery and
12 mathematical computations to determine the amount of wages owed; causes difficulty and expense
13 in attempting to reconstruct time and pay records; and led to submission of inaccurate information
14 about wages and amou
Preview
BIBIYAN LAW GROUP, P.C. 1 David D. Bibiyan (Cal. Bar No. 287811) david@tomorrowlaw.com 2 Jeffrey D. Klein (Cal. Bar No. 297296) jeff@tomorrowlaw.com 3 Zachary T. Chrzan (Cal Bar No. 329159) zach@tomorrowlaw.com 4 Calyn V. Hadlock (Cal Bar No. 352401) calyn@tomorrowlaw.com 5 1460 Westwood Blvd, Los Angeles, California 90024 6 Tel: (310) 438-5555; Fax: (310) 300-1705 7 Attorneys for Plaintiff, ERIC LAMONT MERITT and on behalf of himself and all others similarly situated 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ALAMEDA 10 ERIC LAMONT MERRITT, an individual and CASE NO.: 11 on behalf of all others similarly situated, CLASS ACTION COMPLAINT FOR: 12 Plaintiff, 1. FAILURE TO PAY OVERTIME WAGES; 13 v. 2. FAILURE TO PAY MINIMUM WAGES; 14 3. FAILURE TO PROVIDE MEAL 15 TEAM VOLKSWAGEN OF HAYWARD PERIODS; CORPORATION, a California corporation; 16 and DOES 1 through 100, inclusive, 4. FAILURE TO PROVIDE REST PERIODS; 17 Defendants. 5. WAITING TIME PENALTIES; 18 6. WAGE STATEMENT VIOLATIONS; 19 7. FAILURE TO TIMELY PAY WAGES; 20 8. FAILURE TO INDEMNIFY; 21 9. FAILURE TO PAY INTEREST ON DEPOSITS: 22 10. VIOLATION OF LABOR CODE § 227.3 23 11. UNFAIR COMPETITION. 24 25 DEMAND FOR JURY TRIAL 26 [Amount in Controversy Exceeds $25,000.00] 27 28 CLASS ACTION COMPLAINT 1 Plaintiff Eric Lamont Merritt, on behalf of himself and all others similarly situated, alleges 2 as follows: 3 GENERAL ALLEGATIONS 4 INTRODUCTION 5 1. This is a Class Action, pursuant to Code of Civil Procedure section 382, against Team 6 Volkswagen of Hayward Corporation, and any of its respective subsidiaries or affiliated companies 7 within the State of California (“Volkswagen”) and collectively, with DOES 1 through 100, as further 8 defined below, “Defendant” on behalf of Plaintiff and all other current and former non-exempt 9 California employees employed by or formerly employed by Defendant (“Class Members”). 10 PARTIES 11 A. Plaintiff 12 2. Plaintiff Eric Lamont Merritt is a resident of the State of California. At all relevant 13 times herein, Plaintiff is informed and believes, and based thereon alleges, that Defendants 14 employed Plaintiff as a non-exempt employee, with duties that included, but were not limited to, 15 taking inventory and generating reports. Plaintiff is informed and believes, and based thereon 16 alleges, that Plaintiff Eric Lamont Merritt worked for Defendants from approximately December of 17 2022 through approximately April of 2023. 18 B. Defendants 19 3. Plaintiff is informed and believes and based thereon alleges that defendant 20 Volkswagen is, and at all times relevant hereto was, a corporation organized and existing under and 21 by virtue of the laws of the State of California and doing business in the County of Alameda, State 22 of California. 23 4. The true names and capacities, whether individual, corporate, associate, or otherwise, 24 of defendants sued herein as DOES 1 through 100, inclusive, are currently unknown to Plaintiff, 25 who therefore sues defendants by such fictitious names under Code of Civil Procedure section 474. 26 Plaintiff is informed and believes and based thereon alleges that each of the defendants designated 27 herein as DOE is legally responsible in some manner for the unlawful acts referred to herein. 28 2 CLASS ACTION COMPLAINT 1 Plaintiff will seek leave of court to amend this Complaint to reflect the true names and capacities of 2 the defendants designated hereinafter as DOES when such identities become known. Plaintiff is 3 informed and believes, and based thereon alleges, that each defendant acted in all respects pertinent 4 to this action, as the agent of the other defendant(s), carried out a joint scheme, business plan or 5 policy in all respects pertinent hereto, and the acts of each defendant are legally attributable to the 6 other defendants. Whenever, heretofore or hereinafter, reference is made to “Defendants,” it shall 7 include Volkswagen, and any of its parent, subsidiary, or affiliated companies within the State of 8 California, as well as DOES 1 through 100 identified herein. 9 JOINT LIABILITY ALLEGATIONS 10 5. Plaintiff is informed and believes and based thereon alleges that all the times 11 mentioned herein, each of the Defendants was the agent, principal, employee, employer, 12 representative, joint venture or co-conspirator of each of the other defendants, either actually or 13 ostensibly, and in doing the things alleged herein acted within the course and scope of such agency, 14 employment, joint venture, and conspiracy. 15 6. All of the acts and conduct described herein of each and every corporate defendant 16 was duly authorized, ordered, and directed by the respective and collective defendant corporate 17 employers, and the officers and management-level employees of said corporate employers. In 18 addition thereto, said corporate employers participated in the aforementioned acts and conduct of 19 their said employees, agents, and representatives, and each of them; and upon completion of the 20 aforesaid acts and conduct of said corporate employees, agents, and representatives, the defendant 21 corporation respectively and collectively ratified, accepted the benefits of, condoned, lauded, 22 acquiesced, authorized, and otherwise approved of each and all of the said acts and conduct of the 23 aforementioned corporate employees, agents and representatives. 24 7. Plaintiff is further informed and believes and based thereon alleges that DOES 51 25 through 100 violated, or caused to be violated, the above-referenced and below-referenced Labor 26 Code provisions in violation of Labor Code section 558.1. 27 8. Plaintiff is informed and believes, and based thereon allege, that there exists such a 28 3 CLASS ACTION COMPLAINT 1 unity of interest and ownership between Defendants, and each of them, that their individuality and 2 separateness have ceased to exist. 3 9. Plaintiff is informed and believes, and based thereon alleges that despite the 4 formation of the purported corporate existence of Volkswagen, and DOES 1 through 50, inclusive 5 (the “Alter Ego Defendants”), they, and each of them, are one and the same with DOES 51 through 6 100 (“Individual Defendants”), and each of them, due to, but not limited to, the following reasons: 7 A. The Alter Ego Defendants are completely dominated and controlled by the Individual 8 Defendants who personally committed the wrongful and illegal acts and violated the 9 laws as set forth in this Complaint, and who has hidden and currently hide behind the 10 Alter Ego Defendants to perpetrate frauds, circumvent statutes, or accomplish some 11 other wrongful or inequitable purpose; 12 B. The Individual Defendants derive actual and significant monetary benefits by and 13 through the Alter Ego Defendants’ unlawful conduct, and by using the Alter Ego 14 Defendants as the funding source for the Individual Defendants’ own personal 15 expenditures; 16 C. Plaintiff is informed and believes and thereon alleges that the Individual Defendants 17 and the Alter Ego Defendants, while really one and the same, were segregated to 18 appear as though separate and distinct for purposes of perpetrating a fraud, 19 circumventing a statute, or accomplishing some other wrongful or inequitable 20 purpose; 21 D. Plaintiff is informed and believes and thereon alleges that the business affairs of the 22 Individual Defendants and the Alter Ego Defendants are, and at all relevant times 23 mentioned herein were, so mixed and intermingled that the same cannot reasonably 24 be segregated, and the same are inextricable confusion. The Alter Ego Defendants 25 are, and at all relevant times mentioned herein were, used by the Individual 26 Defendants as mere shells and conduits for the conduct of certain of their, and each 27 of their affairs. The Alter Ego Defendants are, and at all relevant times mentioned 28 4 CLASS ACTION COMPLAINT 1 herein were, the alter egos of the Individual Defendants; 2 E. The recognition of the separate existence of the Individual Defendants and the Alter 3 Ego Defendants would promote injustice insofar that it would permit defendants to 4 insulate themselves from liability to Plaintiff for violations of the Civil Code, Labor 5 Code, and other statutory violations. The corporate existence of these defendants 6 should thus be disregarded in equity and for the ends of justice because such 7 disregard is necessary to avoid fraud and injustice to Plaintiff herein; 8 F. Accordingly, the Alter Ego Defendants constitute the alter ego of the Individual 9 Defendants (and vice versa), and the fiction of their separate corporate existence 10 must be disregarded; 11 10. As a result of the aforementioned facts, Plaintiff is informed and believes, and based 12 thereon alleges that Defendants, and each of them, are joint employers. 13 JURISDICTION 14 11. Jurisdiction exists in the Superior Court of the State of California pursuant to Code 15 of Civil Procedure section 410.10. 16 12. Venue is proper in Alameda County, California pursuant to Code of Civil Procedure 17 sections 392, et seq. because, among other things, Alameda County is where the causes of action 18 complained of herein arose; the county in which the employment relationship began; the county in 19 which performance of the employment contract, or part of it, between Plaintiff and Defendants was 20 due to be performed; the county in which the employment contract, or part of it, between Plaintiff 21 and Defendants was actually performed; and the county in which Defendants, or some of them, 22 reside. Moreover, the unlawful acts alleged herein have a direct effect on Plaintiff and Class 23 Members in Alameda County, because Defendants employ numerous Class Members in Alameda 24 County. 25 FACTUAL BACKGROUND 26 13. For at least four (4) years prior to the filing of this action and continuing to the 27 present, Defendants have, at times, failed to pay overtime wages to Plaintiff and Class Members, or 28 5 CLASS ACTION COMPLAINT 1 some of them, in violation of California state wage and hour laws as a result of, without limitation, 2 Plaintiff and Class Members working over eight (8) hours per day, forty (40) hours per week, and 3 seven consecutive work days in a work week without being properly compensated for hours worked 4 in excess of (8) hours per day in a work day, forty (40) hours per week in a work week, and/or hours 5 worked on the seventh consecutive work day in a work week by, among other things, failing to 6 accurately track and/or pay for all minutes actually worked at the proper overtime rate of pay; 7 engaging, suffering, or permitting employees to work off the clock, including, without limitation, 8 by requiring Plaintiff and Class Members: to come early to work and leave late work without being 9 able to clock in for all that time, to suffer under Defendants’ control due to long lines for clocking 10 in, to complete pre-shift tasks before clocking in and post-shift tasks after clocking out, to clock out 11 for meal periods and continue working, to clock out for rest periods, to don and doff uniforms and/or 12 safety equipment off the clock, to attend company meetings off the clock, to make phone calls off 13 the clock, to drive off the clock, and/or go through security screenings and/or temperature checks 14 off the clock; failing to include all forms of remuneration, including non-discretionary bonuses, 15 incentive pay, meal allowances, mask allowances, gift cards and other forms of remuneration into 16 the regular rate of pay for the pay periods where overtime was worked and the additional 17 compensation was earned for the purpose of calculating the overtime rate of pay; detrimental 18 rounding of employee time entries, editing and/or manipulation of time entries; and by attempting 19 but failing to properly implement an alternative workweek schedule (“AWS”) (including, without 20 limitation, by failing to implement a written agreement designating the regularly scheduled 21 alternative workweek in which the specified number of work days and work hours are regularly 22 recurring; failing to adopt the AWS in a secret ballot election, before the performance of work, by 23 at least a two-thirds (2/3) vote of the affected employees in the work unit; failing to follow the 24 notice/disclosures procedures prior to any AWS election; and/or failing to register an AWS election 25 with the State of California, as required by Labor Code section 511 and applicable Wage Orders to 26 the detriment of Plaintiff and Class Members. 27 14. For at least four (4) years prior to the filing of this Action and continuing to the 28 6 CLASS ACTION COMPLAINT 1 present, Defendants have, at times, failed to pay minimum wages to Plaintiff and Class Members, 2 or some of them, in violation of California state wage and hour laws as a result of, among other 3 things, at times, failing to accurately track and/or pay for all hours actually worked at their regular 4 rate of pay that is above the minimum wage; engaging, suffering, or permitting employees to work 5 off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come early 6 to work and leave late work without being able to clock in for all that time, to suffer under 7 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in 8 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock 9 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend 10 company meetings off the clock, to make phone calls off the clock; to drive off the clock; detrimental 11 rounding of employee time entries; editing and/or manipulation of time entries to show less hours 12 than actually worked; failing to pay split shift premiums; and failing to pay reporting time pay to 13 the detriment of Plaintiff and Class Members. 14 15. For at least four (4) years prior to the filing of this Action and continuing to the 15 present, Defendants have, at times, failed to provide Plaintiff and Class Members, or some of them, 16 full, timely thirty (30) minute uninterrupted meal period for days on which they worked more than 17 five (5) hours in a work day and a second thirty (30) minute uninterrupted meal period for days on 18 which they worked in excess of ten (10) hours in a work day, and failing to provide compensation 19 for such unprovided meal periods as required by California wage and hour laws. 20 16. For at least four (4) years prior to the filing of this action and continuing to the 21 present, Defendants have, at times, failed to authorize and permit Plaintiff and Class Members, or 22 some of them, to take rest periods of at least ten (10) minutes per four (4) hours worked or major 23 fraction thereof and failed to provide compensation for such unprovided rest periods as required by 24 California wage and hour laws. 25 17. For at least three (3) years prior to the filing of this action and continuing to the 26 present, Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the 27 full amount of their wages owed to them upon termination and/or resignation as required by Labor 28 7 CLASS ACTION COMPLAINT 1 Code sections 201 and 202, including for, without limitation, failing to pay overtime wages, 2 minimum wages, premium wages, and vacation pay pursuant to Labor Code section 227.3. 3 18. For at least one (1) year prior to the filing of this Action and continuing to the present, 4 Defendants have, at times, failed to furnish Plaintiff and Class Members, or some of them, with 5 itemized wage statements that accurately reflect gross wages earned; total hours worked; net wages 6 earned; all applicable hourly rates in effect during the pay period and the corresponding number of 7 hours worked at each hourly rate; the name and address of the legal entity that is the employer; the 8 name and address of the entity securing the services of the farm labor contractor who employed 9 Plaintiff and Class Members; and other such information as required by Labor Code section 226, 10 subdivision (a). As a result thereof, Defendants have further failed to furnish employees with an 11 accurate calculation of gross and gross wages earned, as well as gross and net wages paid. 12 19. For at least one (1) year prior to the filing of this action and continuing to the present, 13 Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the full 14 amount of their wages for labor performed in a timely fashion as required under Labor Code section 15 204. 16 20. For at least three (3) years prior to the filing of this action and continuing to the 17 present, Defendants have, at times, failed to indemnify Class Members, or some of them, for the 18 costs incurred in purchasing and/or providing unreturned deposits for mandatory work uniforms; 19 laundering mandatory work uniforms; mileage and/or gas costs incurred in driving personal vehicles 20 for work-related purposes; using cellular phones for work-related purposes; and purchasing tools 21 necessary to perform work duties. 22 21. For at least three (3) years prior to the filing of the action and continuing to the 23 present, Defendants have, at times, failed to return interest on deposits made by Plaintiff and Class 24 Members, or some of them, for uniforms. 25 22. For at least four (4) years prior to the filing of this action and continuing to the 26 present, Defendants have had a consistent policy of failing to provide Plaintiff and similarly situated 27 employees or former employees within the State of California with compensation at their final rate 28 8 CLASS ACTION COMPLAINT 1 of pay for unused vested paid vacation days pursuant to Labor Code section 227.3. 2 23. For at least four (4) years prior to the filing of this action and continuing to the 3 present, Defendants have had a consistent policy of failing to provide Plaintiffs and similarly 4 situated employees or former employees within the State of California with the rights provided to 5 them under the Healthy Workplace Heathy Families Act of 2014, codified at Labor Code section 6 245, et seq. 7 24. Plaintiff, on their own behalf and on behalf of Class Members, brings this action 8 pursuant to, including but not limited to, Labor Code sections 200, 201, 202, 203, 204, 226, 226.7, 9 227.3, 245, et seq., 404, 510, 512, 558.1, 1194, 1194.2, 1197, 2802, and California Code of 10 Regulations, Title 8, section 11040, seeking overtime wages, minimum wages, payment of premium 11 wages for missed meal and rest periods, failure to pay timely wages, waiting time penalties, wage 12 statement penalties, failure to indemnify work-related expenses, failure to pay interest on deposits 13 made, failing to pay vested vacation time at the proper rate of pay, other such provisions of 14 California law, and reasonable attorneys’ fees and costs. 15 25. Plaintiff, on Plaintiff’s own behalf and on behalf of Class Members, pursuant to 16 Business and Professions Code sections 17200 through 17208, also seeks (an) injunction(s) 17 prohibiting Defendants from further violating the Labor Code and requiring the establishment of 18 appropriate and effective means to prevent further violations, as well as all monies owed but 19 withheld and retained by Defendants to which Plaintiff and Class Members are entitled, as well as 20 restitution of amounts owed. 21 CLASS ACTION ALLEGATIONS 22 26. Plaintiff brings this action on behalf of Plaintiff and Class Members as a class action 23 pursuant to Code of Civil Procedure section 382. Plaintiff seeks to represent a class of all current 24 and former non-exempt employees of Defendants within the State of California at any time 25 commencing four (4) years preceding the filing of Plaintiff’s complaint up until the time that notice 26 of the class action is provided to the class (collectively referred to as “Class Members”). 27 27. Plaintiff reserves the right under California Rule of Court rule 3.765, subdivision (b) 28 9 CLASS ACTION COMPLAINT 1 to amend or modify the class description with greater specificity, further divide the defined class 2 into subclasses, and to further specify or limit the issues for which certification is sought. 3 28. This action has been brought and may properly be maintained as a class action under 4 the provisions of Code of Civil Procedure section 382 because there is a well-defined community 5 of interest in the litigation and the proposed Class is easily ascertainable. 6 A. Numerosity 7 29. The potential Class Members as defined are so numerous that joinder of all the 8 members of the Class is impracticable. While the precise number of Class Members has not been 9 determined yet, Plaintiff is informed and believes that there are over seventy-five (75) Class 10 Members employed by Defendants within the State of California. 11 30. Accounting for employee turnover during the relevant periods necessarily increases 12 this number. Plaintiff alleges Defendants’ employment records would provide information as to the 13 number and location of all Class Members. Joinder of all members of the proposed Class is not 14 practicable. 15 B. Commonality 16 31. There are questions of law and fact common to Class Members. These common 17 questions include, but are not limited to: 18 A. Did Defendants violate Labor Code sections 510 and 1194 by failing to pay all hours 19 worked at a proper overtime rate of pay? 20 B. Did Defendants violate Labor Code sections 510, 1194 and 1197 by failing to pay 21 for all other time worked at the employee’s regular rate of pay and a rate of pay that 22 is greater than the applicable minimum wage? 23 C. Did Defendants violate Labor Code section 512 by not authorizing or permitting 24 Class Members to take compliant meal periods? 25 D. Did Defendants violate Labor Code section 226.7 by not providing Class Members 26 with additional wages for missed or interrupted meal periods? 27 E. Did Defendants violate applicable Wage Orders by not authorizing or permitting 28 10 CLASS ACTION COMPLAINT 1 Class Members to take compliant rest periods? 2 F. Did Defendants violate Labor Code section 226.7 by not providing Class Members 3 with additional wages for missed rest periods? 4 G. Did Defendants violate Labor Code sections 201 and 202 by failing to pay Class 5 Members upon termination or resignation all wages earned? 6 H. Are Defendants liable to Class Members for waiting time penalties under Labor Code 7 section 203? 8 I. Did Defendants violate Labor Code section 226, subdivision (a) by not furnishing 9 Class Members with accurate wage statements? 10 J. Did Defendants fail to pay Class Members in a timely fashion as required under 11 Labor Code section 204? 12 K. Did Defendants fail to indemnify Class Members for all necessary expenditures or 13 losses incurred in direct consequence of the discharge of their duties or by obedience 14 to the directions of Defendants as required under Labor Code section 2802? 15 L. Did Defendants fail to return deposits made by Class Members with accrued interest 16 thereon as required under Labor Code section 404? 17 M. Did Defendants violate Labor Code section 227.3 by not providing Class Members 18 with compensation at their final rate of pay for vested paid vacation time. 19 N. Did Defendants violate the Unfair Competition Law, Business and Professions Code 20 section 17200, et seq., by their unlawful practices as alleged herein? 21 O. Are Class Members entitled to restitution of wages under Business and Professions 22 Code section 17203? 23 P. Are Class Members entitled to costs and attorneys’ fees? 24 Q. Are Class Members entitled to interest? 25 C. Typicality 26 32. The claims of Plaintiff herein alleged are typical of those claims which could be 27 alleged by any Class Members, and the relief sought is typical of the relief which would be sought 28 11 CLASS ACTION COMPLAINT 1 by each Class Member in separate actions. Plaintiff and Class Members sustained injuries and 2 damages arising out of and caused by Defendants’ common course of conduct in violation of laws 3 and regulations that have the force and effect of law and statutes as alleged herein. 4 D. Adequacy of Representation 5 33. Plaintiff will fairly and adequately represent and protect the interest of Class 6 Members. Counsel who represents Plaintiff is competent and experienced in litigating wage and 7 hour class actions. 8 E. Superiority of Class Action 9 34. A class action is superior to other available means for the fair and efficient 10 adjudication of this controversy. Individual joinder of all Class Members is not practicable, and 11 questions of law and fact common to Class Members predominate over any questions affecting only 12 individual Class Members. Class Members, as further described therein, have been damaged and 13 are entitled to recovery by reason of Defendants’ policies and/or practices that have resulted in the 14 violation of the Labor Code at times, as set out herein. 15 35. Class action treatment will allow Class Members to litigate their claims in a manner 16 that is most efficient and economical for the parties and the judicial system. Plaintiff is unaware of 17 any difficulties that are likely to be encountered in the management of this action that would 18 preclude its maintenance as a class action. 19 FIRST CAUSE OF ACTION 20 (Failure to Pay Overtime Wages – Against All Defendants) 21 36. Plaintiff realleges and incorporates by reference all of the allegations contained in 22 the preceding paragraphs as though fully set forth hereat. 23 37. At all relevant times, Plaintiff and Class Members were employees or former 24 employees of Defendants covered by Labor Code sections 510, 1194 and 1199, as well as applicable 25 Wage Orders. 26 38. At all times relevant to this Complaint, Labor Code section 510 was in effect and 27 provided: “(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in 28 12 CLASS ACTION COMPLAINT 1 one workday and any work in excess of forty hours in any one workweek . . . shall be compensated 2 at the rate of no less than one and one-half times the regular rate of pay for an employee.” 3 39. At all times relevant to this Complaint, Labor Code section 510 further provided that 4 “[a]ny work in excess of 12 hours in one day shall be compensated at the rate of no less than twice 5 the regular rate of pay for an employee. In addition, any work in excess of eight hours on any 6 seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of 7 pay.” 8 40. Four (4) years prior to the filing of the Complaint in this Action through the present, 9 Plaintiff and Class Members, at times, worked for Defendants during shifts that consisted of more 10 than eight (8) hours in a workday and/or more than forty hours in a workweek, and/or seven (7) 11 consecutive workdays in a workweek, without being paid overtime wages for all hours worked as a 12 result of, including but not limited to, Defendants failing to accurately track and/or pay for all hours 13 actually worked at the proper overtime rate of pay; engaging, suffering, or permitting employees to 14 work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come 15 early to work and leave late work without being able to clock in for all that time, to suffer under 16 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in 17 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock 18 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend 19 company meetings off the clock, to make phone calls off the clock, to drive off the clock, and/or go 20 through security screenings and/or temperature checks off the clock; failing to include all forms of 21 remuneration, including non-discretionary bonuses, incentive pay, meal allowances, mask 22 allowances, gift cards and other forms of remuneration into the regular rate of pay for the pay periods 23 where overtime was worked and the additional compensation was earned for the purpose of 24 calculating the overtime rate of pay; detrimental rounding of employee time entries, editing and/or 25 manipulation of time entries; and by attempting but failing to properly implement an alternative 26 workweek schedule (“AWS”) (including, without limitation, by failing to implement a written 27 agreement designating the regularly scheduled alternative workweek in which the specified number 28 13 CLASS ACTION COMPLAINT 1 of work days and work hours are regularly recurring; failing to adopt the AWS in a secret ballot 2 election, before the performance of work, by at least a two-thirds (2/3) vote of the affected 3 employees in the work unit; failing to follow the notice/disclosures procedures prior to any AWS 4 election; and/or failing to register an AWS election with the State of California, as required by Labor 5 Code section 511 and applicable Wage Orders to the detriment of Plaintiff and Class Members. 6 41. Accordingly, by requiring Plaintiff and Class Members to, at times, work greater 7 than eight (8) hours per workday, forty (40) hours per workweek, and/or seven (7) straight workdays 8 without properly compensating overtime wages at the proper overtime rate of pay, Defendants, on 9 occasion, willfully violated the provisions of the Labor Code, among others, sections 510, 1194, and 10 applicable IWC Wage Orders, and California law. 11 42. As a result of the unlawful acts of Defendants, Plaintiff and Class Members have 12 been deprived of overtime wages in amounts to be determined at trial, and are entitled to recovery, 13 plus interest and penalties thereon, attorneys’ fees and costs, pursuant to Labor Code section 1194 14 and 1199, Code of Civil Procedure section 1021.5 and 1032, and Civil Code section 3287. 15 SECOND CAUSE OF ACTION 16 (Failure to Pay Minimum Wages – Against All Defendants) 17 43. Plaintiff realleges and incorporates by reference all of the allegations contained in 18 the preceding paragraphs as though fully set forth hereat. 19 44. At all relevant times, Plaintiff and Class Members were employees or former 20 employees of Defendants covered by Labor Code sections 1197, 1199 and applicable Wage Orders. 21 45. Pursuant to Labor Code section 1197 and applicable Wage Orders, Plaintiff and 22 Class Members were entitled to receive minimum wages for all hours worked or otherwise under 23 Defendants’ control. 24 46. For four (4) years prior to the filing of the Complaint in this Action through the 25 present, Defendants failed, at times, to accurately track and/or pay for all hours actually worked at 26 their regular rate of pay that is above the minimum wage; engaged, suffered, or permitted employees 27 to work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to 28 14 CLASS ACTION COMPLAINT 1 come early to work and leave late work without being able to clock in for all that time, to suffer 2 under Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before 3 clocking in and post-shift tasks after clocking out, to clock out for meal periods and continue 4 working, to clock out for rest periods, to don and doff uniforms and/or safety equipment off the 5 clock, to attend company meetings off the clock, to make phone calls off the clock; to drive off the 6 clock; detrimental rounding of employee time entries; editing and/or manipulation of time entries to 7 show less hours than actually worked; failing to pay split shift premiums; and failing to pay reporting 8 time pay to the detriment of Plaintiff and Class Members. 9 47. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 10 suffered damages in an amount, subject to proof, to the extent they were not paid minimum wages 11 for all hours worked or otherwise due. 12 48. Pursuant to Labor Code sections 218.6, 1194, 1194.2, Code of Civil Procedure 13 sections 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to 14 recover the full amount of unpaid minimum wages, interest and penalties thereon, liquidated 15 damages, reasonable attorneys’ fees and costs of suit. 16 THIRD CAUSE OF ACTION 17 (Failure to Provide Meal Periods – Against All Defendants) 18 49. Plaintiff realleges and incorporates by reference all of the allegations contained in 19 the preceding paragraphs as though fully set forth hereat. 20 50. At all relevant times, Plaintiff and Class Members were employees or former 21 employees of Defendants covered by Labor Code section 512 and applicable Wage Orders. 22 51. Pursuant to Labor Code section 512 and applicable Wage Orders, no employer shall 23 employ an employee for a work period of more than five (5) hours without a timely meal break of 24 not less than thirty (30) minutes in which the employee is relieved of all of his or her duties. 25 Furthermore, no employer shall employ an employee for a work period of more than ten (10) hours 26 per day without providing the employee with a second timely meal period of not less than thirty (30) 27 minutes in which the employee is relieved of all of his or her duties. 28 15 CLASS ACTION COMPLAINT 1 52. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee 2 with a meal period as provided in the applicable Wage Order of the Industrial Welfare Commission, 3 the employer shall pay the employee one (1) additional hour of pay at the employee’s regular rate 4 of compensation for each workday that the meal period is not provided. 5 53. For four (4) years prior to the filing of the Complaint in this Action through the 6 present, Plaintiff and Class Members were, at times, not provided complete, timely 30-minute, duty- 7 free uninterrupted meal periods every five hours of work without waiving the right to take them, as 8 permitted. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the 9 Class Member’s regular rate of compensation on the occasions that Class Members were not 10 provided compliant meal periods. 11 54. By their failure to provide Plaintiff and Class Members compliant meal periods as 12 contemplated by Labor Code section 512, among other California authorities, and failing, at times, 13 to provide compensation for such unprovided meal periods, as alleged above, Defendants willfully 14 violated the provisions of Labor Code section 512 and applicable Wage Orders. 15 55. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 16 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay 17 owed for missed, untimely, interrupted, incomplete and/or on-duty meal periods. 18 56. Plaintiff and Class Members are entitled to recover the full amount of their unpaid 19 additional pay for unprovided compliant meal periods, in amounts to be determined at trial, plus 20 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7, 21 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287. 22 FOURTH CAUSE OF ACTION 23 (Failure to Provide Rest Periods – Against All Defendants) 24 57. Plaintiff realleges and incorporates by reference all of the allegations contained in 25 the preceding paragraphs as though fully set forth hereat. 26 58. At all relevant times, Plaintiff and Class Members were employees or former 27 employees of Defendants covered by applicable Wage Orders. 28 16 CLASS ACTION COMPLAINT 1 59. California law and applicable Wage Orders require that employers “authorize and 2 permit” employees to take ten (10) minute rest periods in about the middle of each four (4) hour 3 work period “or major fraction thereof.” Accordingly, employees who work shifts of three and-a- 4 half (3 ½) to six (6) hours must be provided ten (10) minutes of paid rest period, employees who 5 work shifts of more than six (6) and up to ten (10) hours must be provided with twenty (20) minutes 6 of paid rest period, and employees who work shifts of more than ten (10) hours must be provided 7 thirty (30) minutes of paid rest period. 8 60. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee 9 with a meal period or rest period as provided in the applicable Wage Order of the Industrial Welfare 10 Commission, the employer shall pay the employee one (1) additional hour of pay at the employee’s 11 regular rate of compensation for each work day that the rest period is not provided. 12 61. For four (4) years prior to the filing of the Complaint in this Action through the 13 present, Plaintiff and Class Members were, at times, not authorized or permitted to take complete, 14 timely 10-minute, duty-free uninterrupted rest periods every four (4) hours of work or major fraction 15 thereof. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the Class 16 Member’s regular rate of compensation on the occasions that Class Members were not authorized 17 or permitted to take compliant rest periods. 18 62. By their failure, at times, to authorize and permit Plaintiff and Class Members to take 19 rest periods contemplated by California law, and one (1) additional hour of pay at the employee’s 20 regular rate of compensation for such unprovided rest periods, as alleged above, Defendants 21 willfully violated the provisions of Labor Code section 226.7 and applicable Wage Orders. 22 63. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 23 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay 24 owed for rest periods that they were not authorized or permitted to take. 25 64. Plaintiff and Class Members are entitled to recover the full amount of their unpaid 26 additional pay for unprovided compliant rest periods, in amounts to be determined at trial, plus 27 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7, 28 17 CLASS ACTION COMPLAINT 1 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287. 2 FIFTH CAUSE OF ACTION 3 (Failure to Pay All Wages Due Upon Termination – Against All Defendants) 4 65. Plaintiff realleges and incorporates by reference all of the allegations contained in 5 the preceding paragraphs as though fully set forth hereat. 6 66. At all relevant times, Plaintiff and Class Members were employees or former 7 employees of Defendants covered by Labor Code sections 201, 202 and 203, as well as applicable 8 Wage Orders. 9 67. Pursuant to Labor Code sections 201 and 202, Plaintiff and Class Members were 10 entitled upon termination to timely payment of all wages earned and unpaid prior to termination. 11 Discharged Class Members were entitled to payment of all wages earned and unpaid prior to 12 discharge immediately upon termination. Class Members who resigned were entitled to payment 13 of all wages earned and unpaid prior to resignation within 72 hours after giving notice of resignation 14 or, if they gave 72 hours previous notice, they were entitled to payment of all wages earned and 15 unpaid at the time of resignation. 16 68. Plaintiff is informed and believes, and based thereon alleges, that in the three (3) 17 years before the filing of the Complaint in this Action through the present, Defendants, due to the 18 failure, at times, to provide overtime wages mentioned above, failed to pay Plaintiff and Class 19 Members all wages earned prior to resignation or termination in accordance with Labor Code 20 sections 201 or 202. 21 69. Plaintiff is informed and believes Defendants’ failure, at times, to pay Plaintiff and 22 Class Members all wages earned prior to termination or resignation in accordance with Labor Code 23 sections 201 and 202 was willful. Defendants had the ability to pay all wages earned by Plaintiff 24 and Class Members at the time of termination in accordance with Labor Code sections 201 and 202, 25 but intentionally adopted policies or practices incompatible with the requirements of Labor Code 26 sections 201 and 202 resulting in the failure, at times, to pay all wages earned prior to termination 27 or resignation. 28 18 CLASS ACTION COMPLAINT 1 70. Pursuant to Labor Code section 203, Plaintiff and Class Members are entitled to 2 waiting time penalties from the date their earned and unpaid wages were due, upon termination or 3 resignation, until paid, up to a maximum of thirty (30) days. 4 71. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 5 suffered damages in an amount subject to proof, to the extent they were not paid for all wages earned 6 prior to termination or resignation. 7 72. Pursuant to Labor Code section 203 and 218.6, Code of Civil Procedure sections 8 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to recover 9 waiting time penalties, interest, and their costs of suit, as well. 10 SIXTH CAUSE OF ACTION 11 (Failure to Provide Accurate Wage Statements – Against All Defendants) 12 73. Plaintiff realleges and incorporates by reference all of the allegations contained in 13 the preceding paragraphs as though fully set forth hereat. 14 74. At all relevant times, Plaintiff and Class Members were employees or former 15 employees of Defendants covered by Labor Code section 226, as well as applicable Wage Orders. 16 75. Pursuant to Labor Code section 226, subdivision (a), Plaintiff and Class Members 17 were entitled to receive, semi-monthly or at the time of each payment of wages, an accurate itemized 18 statement that accurately reflects, among other things, gross wages earned; total hours worked; net 19 wages earned; all applicable hourly rates in effect during the pay period and the corresponding 20 number of hours worked at each hourly rate; and the name and address of the legal entity that is the 21 employer; and the name and address of the entity securing the services of the farm labor contractor 22 who employed Plaintiff and Class Members, among other things. 23 76. Plaintiff is informed and believes, and based thereon alleges, that in the one (1) year 24 before the filing of the Complaint in this Action through the present, Defendants failed to comply 25 with Labor Code section 226, subdivision (a) by adopting policies and practices that resulted in their 26 failure, at times, to furnish Plaintiff and Class Members with accurate itemized statements that 27 accurately reflect, among other things, gross wages earned; total hours worked; net wages earned; 28 19 CLASS ACTION COMPLAINT 1 all applicable hourly rates in effect during the pay period and the corresponding number of hours 2 worked at each hourly rate; and the name and address of the legal entity that is the employer; and 3 the name and address of the entity securing the services of the farm labor contractor who employed 4 Plaintiff and Class Members, among other things. 5 77. Defendants’ failure to, at times, provide Plaintiff and Class Members with accurate 6 wage statements was knowing, intentional, and willful. Defendants had the ability to provide 7 Plaintiff and the other Class Members with accurate wage statements, but, at times, willfully 8 provided wage statements that Defendants knew were not accurate. 9 78. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 10 suffered injury. The absence of accurate information on Class Members’ wage statements at times 11 has delayed timely challenge to Defendants’ unlawful pay practices; requires discovery and 12 mathematical computations to determine the amount of wages owed; causes difficulty and expense 13 in attempting to reconstruct time and pay records; and led to submission of inaccurate information 14 about wages and amou