Sales Person files a class action against her employer for unpaid breaks, according to a recent lawsuit. The complaint was filed by a former sales person working in the marketing department of Sinclair Television. The plaintiff, a former employee of Sinclair Television, filed the lawsuit in Humboldt County Superior Court in Northern California.
The sales person is represented by the law offices of Zakay Law Group, APC and Blumenthal Nordrehaug Bhowmik De Blouw, LLP. The complaint was filed on August 22, 2019 in the Superior Court of the State of California for the County of Humboldt.
The lawsuit names Sinclair Television of California, LLC and California Broadcasting, Inc. as the two defendants in the action. The two entities, according to the complaint, are related. According to the complaint, Defendants own, operate, program and provide sales services to television stations and has affiliations with some of the major networks. Furthermore, the Defendants own multicast networks, four radio stations, and a cable television network.
The lawsuit was filed on behalf of the sales person, but also on behalf of a class of similarly situated employees who worked for Sinclair Television in the last four years. Therefore, the lawsuit is a proposed class action, as well as a representative action.
The lawsuit alleges that the Defendants violated various California labor laws. The class action complaint includes causes of action for failure to pay minimum wages, failure to provide rest breaks, failure to provide rest breaks, failure to provide accurate wage statements, and unfair competition, in violation of the California business and professions code.
While the lawsuit alleges a multitude of employment law violations, the sales person who initiated the action focused her claim on Defendants’ failure to pay for her rest breaks. In California, employers must afford non-exempt employees a 10-minute rest break for every 3.5 hours worked. Those 10-minute rest breaks must be paid. According to the complaint, the sales person and other employees of the Defendants were not properly compensated for the pair 10-minute rest breaks.
The class action seeks monetary damages for the unpaid wages and missed meal and rest breaks. The complaint also seeks monetary penalties associated with those violations. Finally, the complaint is seeking a court order compelling the Defendants to comply with the law.
If you work as a sales person earning commission, you may be entitled to additional compensation for your 10-minute rest breaks. Please do not hesitate to contact our California employment attorney for a free consultation.