Unpaid overtime claims are at issue in a recently filed class action against a California real estate marketing firm. The employment lawsuit was filed in early October 2019 in the San Diego Superior Court in California. The plaintiff is represented by California employment lawyers from Zakay Law Group, APC and The JCL Law Firm, APC (https://www.jcl-lawfirm.com/).
The defendants in the action are Z57, Inc., Constellation Homebuilder Systems, Inc. and Zurple, Inc. The plaintiff worked for the real estate marketing firm from May 2018 to June 2019 in San Diego.
Alleging he is owed unpaid overtime, Plaintiff initiated the employment class action on behalf of himself and others similarly situated. The Plaintiff is now seeking to pursue the rights of all of Defendants’ employees who worked for Defendants in California in the last 4 years, and especially those who were are owed unpaid overtime.
The complaint alleges various California labor violations, including unpaid overtime, missed meal breaks, missed rest breaks, unpaid minimum wages, unpaid wages upon termination, inaccurate wage statements, improperly maintained records, unlawful deductions, and a violation of California Labor Code Section 232. The Complaint further contends that these violations constitute an unfair business practice in violation of the California Business and Professions Code.
The main contention in the lawsuit, however, relates to unpaid overtime. The Plaintiff contends that Defendants failed to properly calculate his overtime rate by only applying his hourly rate, while ignoring the commission he earned. According to the California employment law, incentive pay must be calculated into employees’ regular rate for purposes of calculating their overtime rate. Defendants’ failure to do so, the Plaintiff argues, resulted in unpaid overtime, or underpaid overtime.
The employment action seeks monetary damages for the unpaid overtime wages, other unpaid wages, and missed meal and rest breaks. The action is also seeking monetary penalties for Defendants’ failure to pay wages to terminated employees upon their termination, as well as for Defendants’ failure to provide California employees with accurate and complete pay statements. Furthermore, the action is seeking a court order compelling the Defendants to bring their practices into compliance with the law.
If you believe you are owed unpaid overtime, please do not hesitate to contact one of the California employment attorneys at Zakay Law Group, APC or The JCL Law Firm, APC for a free consultation.