San Diego employee working for an equipment sales and rental company filed a lawsuit late last month with the San Diego Superior Court. The defendant is Otay Mesa Sales, Inc. The company offers industrial and construction equipment for sale and for rental. Otay Mesa Sales, Inc. operates nationwide, but is headquartered in San Diego, where its sales headquarters and rental center are located.
The San Diego employee plaintiff worked for Otay Mesa Sales, Inc. between January and July of 2019 as a non-exempt employee. According to the Complaint, Plaintiff was entitled to overtime pay and California compliant meal breaks and rest breaks.
The Complaint was filed on October 30, 2019 with the San Diego Superior Court as a proposed class action. The Plaintiff is seeking to represent himself, as well as anyone else who worked for the company since October of 2015. The Plaintiff is also seeking to represent the State of California pursuant to the Private Attorneys General Act.
The lawsuit alleges multiple claims on behalf of the San Diego employee, including (1) failure to pay minimum wages, (2) failure to pay overtime wages, (3) failure to provide meal breaks, (4) failure to provide rest breaks, (5) failure to reimburse employees for necessary expenses, (6) failure to provide employees with accurate wage statements, and (7) failure to pay terminated employees all wages upon termination. Additionally, the complaint includes a cause of action for violations of PAGA. And, finally, the complaint claims that this conduct also constituted unfair business practice in violation of the California Business and Professions Code.
The main claim alleged in the complaint relates to Defendant’s rest break policy, which required employees to stay on the premises during their breaks, in violation of California law.
The lawsuit seeks monetary damages on behalf of the San Diego employee and others similarly situated employees, including unpaid wages and unpaid meal break and rest break premiums. The lawsuit also seeks penalties for these violations and for the PAGA violations. Finally, the complaint asks the Court to order Otay Mesa Sales, Inc. to bring its practices into compliance with the California Labor Code.
If you are a San Diego employee whose employer requires to stay on the premises for your breaks, please do not hesitate to contact us for a free consultation with our employment lawyer.