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Los Angeles Gym, Ultimate Performance, was named as a Defendant in a lawsuit filed on Monday.  The Plaintiffs filed the employment lawsuit in the Los Angeles Superior Court in California on July 1, 2019.  The lawsuit was filed as a proposed class action, whereby the Plaintiffs are seeking to represent all of he Los Angeles Gym’s employees in the last 4 years.

Defendant, UP Fitness, Inc., operates as “Ultimate Performance,” a Los Angeles Gym with multiple locations around the world.  Ultimate Performance operates gyms in England, Australia, and a number of other countries around the world.  It’s Los Angeles Gym is the first in California. Ultimate Performance is a specialized gym that offers personal training sessions.  The three Plaintiffs are personal trainers who worked for the Defendant during the last year.  According to the Plaintiffs, Ultimate Performance violated multiple provisions of the California Labor Code.

The class action sets forth 10 separate claims.  The complaint’s main claim is based on Ultimate Performance compensation plan, which pays its personal trainers a piece-rate payment per training session to perform.  According to the lawsuit, the piece-rate compensation plan fails to account for the trainers time working on non-training duties, including job duties associated with preparation for a training session, or cleaning up after a session ended.  The trainers, the lawsuit claims, do not even receive minimum wages for that time.  This, according to the complaint, violates California employment laws.  According to the Plaintiffs, this piece-rate plan also results in unpaid overtime, and missed meal breaks and rest breaks, all in violation of California labor laws.  Furthermore, the lawsuit contends that these violations result in inaccurate pay statements, and underpayment of wages to terminated employees.  Finally, the complaint claims that these labor law violations result in an unfair business practice under the California Business & Professions Code, as well as a violation of the Private Attorneys’ General Act (PAGA).

The lawsuit seeks recovery of unpaid wages for the time the personal trainers work for Defendant on non-training duties.  It also seeks damages for unpaid, missed meal and rest breaks, as well as penalties for inaccurate paystubs and late payment of wages.  Finally, the lawsuit seeks a Court order forcing the Los Angeles Gym to comply with California employment laws.

For more information about the lawsuit, please feel free to review the complaint here.

If you work at a gym and are only paid per-session, you may be entitled to significant monetary damages.  Please contact our California employment lawyer for a free consultation about your potential claims.