Nature of Proceedings : Motion for Class Certification – Tentative Ruling
The motion to certify the class is denied.
The named plaintiff in this action is a former store manager in a Les Schwab Tire Center. The complaint alleges failure to pay overtime wages, forfeiture of vacation pay, failure to pay wages of terminated or resigned employees, failure to provide rest periods, failure to provide meal periods, knowing and intentional failure to comply with itemized employee wage statement provisions, and violations of the unfair competition law. Plaintiff seeks damages and penalties, injunctive and declaratory relief, prejudgment interest, attorney fees and costs.
Plaintiff seeks certification of two classes as follows.
"MISCLASSIFIED CLASS: All persons employed by the Defendants in the State of California as "Store Managers" and similar positions who were misclassified as exempt."
"VACATION PAY CLASS: All persons employed by the Defendants in the State of California in a salaried p
Hearing Date
June 24, 2010
Category
Civil - Unlimited
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Nature of Proceedings : Motion for Class Certification – Tentative Ruling
The motion to certify the class is denied.
The named plaintiff in this action is a former store manager in a Les Schwab Tire Center. The complaint alleges failure to pay overtime wages, forfeiture of vacation pay, failure to pay wages of terminated or resigned employees, failure to provide rest periods, failure to provide meal periods, knowing and intentional failure to comply with itemized employee wage statement provisions, and violations of the unfair competition law. Plaintiff seeks damages and penalties, injunctive and declaratory relief, prejudgment interest, attorney fees and costs.
Plaintiff seeks certification of two classes as follows.
"MISCLASSIFIED CLASS: All persons employed by the Defendants in the State of California as "Store Managers" and similar positions who were misclassified as exempt."
"VACATION PAY CLASS: All persons employed by the Defendants in the State of California in a salaried p