Even if its just a bag check, the employee should be getting paid for that work time
(PRWEB) December 20, 2012
On November 26, 2012 the Los Angeles employment lawyers at Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against Oakley Sales Corp. ("Oakley" )for allegedly shorting non-exempt employees paid on an hourly basis all the overtime that was due to them. Sierra, et al. vs. Oakley Sales Corp., Case No. 30-2012-00614003-CU-OE-CXC is currently pending in the Orange County Superior Court for the State of California.
According to the class action complaint filed against Oakley, the employees received non-discretionary bonuses which Oakley failed to include in the regular rate of pay for purposes of calculating overtime pay. The failure to include the bonus in the regular rate of pay for overtime purposes, according to the complaint, "has resulted in a systematic underpayment of overtime compensation" to the employees. Basically, any non-exempt employee that was paid a bonus according to the Complaint was allegedly shorted on their overtime pay for each overtime hour that they worked.
Moreover, the Complaint alleges that Oakley required their employees to submit to mandatory bag checks before leaving the store for lunch breaks and at the end of their shifts, but while these employees had already clocked out of Oakley's timekeeping system. The Complaint claims that the employees were subjected to Oakley’s control during the mandatory loss prevention inspections, and as a result, should have been compensated for the time spent during the inspections which would sometimes last as long as 10 minutes per shift, per employee.
Norman B. Blumenthal, founding and managing partner of Blumenthal, Nordrehaug, & Bhowmik declared “If an employer requires an employee to stay on the premises, even if its just for a bag check, the employee should be getting paid for that work time."
If you feel your rights have been violated by Oakley, or by any other company, call an experienced unpaid overtime attorney today at (866) 771-7099.
Blumenthal, Nordrehaug & Bhowmik is a California employment law firm that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act.