California labor laws are uncompromising when it comes to the payment of wages. California employers are obligated to pay their employees for all the time they work. This includes mandatory meetings, training, classes, and even training sessions at home. Yet, some companies force their employees to work off the clock. In a recently filed employment class action complaint, three employees are suing Ascendant Marketing Group for various employment law violations. Among other claims, the Plaintiffs claim they were made to work off the clock.
Ascendant Marketing Group is a California company located in San Diego. Ascendant provides various marketing solutions to businesses, including telemarketing solutions. According to the complaint, employees who wish to work for Ascendant must attend training sessions and regular mandatory meetings. The complaint further alleges that when employees do not perform to the company’s satisfaction, they are also required to attend sales training sessions at home. Unfortunately, Ascendant does not pay these employees for the time they spend training, thereby requiring them to work off the clock, the lawsuit claims. This conduct violates the California labor code, the Plaintiffs contend.
The complaint, which was filed on May 24, 2019, was filed as a class action. The three plaintiffs seek to represent all employees who worked for Ascendant in California in the last four years. The lawsuit, while based heavily on work off the clock performed by these California employees, also alleges claims for failure to provide meal breaks and rest breaks, failure to reimburse employees for business-related expenses, failure to pay overtime, failure to pay wages timely, and failure to provide employees with accurate pay statements.
The lawsuit seeks to recover the unpaid wages for the work off the clock worked by these employees. It also seeks damages for the non-compliant meal break and rest breaks, as well as reimbursement for business-related expenses incurred by the employees. The complaint also seeks monetary penalties for the failure to timely pay wages, and for the inaccurate wage statement. Finally, the complaint seeks a court order compelling Ascendant to comply with California labor laws.
For more information about the lawsuit, please review the complaint here.
If you or anyone you know is being asked by their employer to work off the clock, please contact our California employment attorney for a free legal consultation.