Unpaid Overtime is the subject of a California class action filed yesterday. Alleging violations of California labor laws, Zakay Law Group filed a lawsuit against Tempur Retail Stores, LLC.
Tempur is a national retailer of mattresses, pillows, bed bases and bedding. Tempur recently opened its sixth store in California. But, the lawsuit contends, Tempur does not pay its employee proper wages.
The Plaintiff filed her class action complaint on October 11, 2018 in Northern California with the Marin County Superior Court. The Plaintiff filed her complaint on behalf of herself and on behalf of other hourly employees who work, or have worked in the past, for Tempur. The complaint alleges various violations of California employment laws. Mainly, the complaint claims that Tempur did not pay Plaintiff and other sales persons the correct overtime rate under California labor laws.
On top of her claim for unpaid overtime, Plaintiff also claims in the complaint that Tempur failed to provide its employees with 30-minute, duty-free meal breaks, as well as 10-minute, duty-free paid rest breaks. Plaintiff is seeking money damages for those labor law violations. Plaintiff is also seeking an order from the Court compelling Tempur to comply with the California labor code.
In addition to the unpaid overtime and meal and rest break penalties, the complaint also seeks civil penalties under relevant labor laws. Those penalties include late wages and inaccurate pay statements provided to employees by Tempur.
Finally, the complaint contends that Tempur’s alleged violations of the California labor code also constitutes unfair business practices, seeking additional damages as a result.
To learn more about the class action lawsuit against Tempur, feel free to review the filed complaint in this link.
If you or anyone you know working as a sales person is not being paid proper wages, including overtime wages, please do not hesitate to call us for a free consultation with our California employment attorney.