This uniform policy and practice of Defendant was intended to purposefully avoid the payment of the correct overtime compensation
San Diego, CA (PRWEB) August 02, 2012
On July 20, 2012 the San Diego labor attorneys at Blumenthal Nordrehaug & Bhowmik filed a class action Complaint against Sociedad Textil Lonia, Corp., who owns operates Carolina Herrera retail stores in the United States (“Sociedad”), for wage and hour violations, specifically for allegedly violating California labor laws in regards to overtime pay and requiring their employees to work off-the-clock without being paid for all their hours worked. Serrato, et al. vs. Sociedad Textil Lonia, Corp., Case No. 37-2012-00101195 is currently pending in the San Diego County Superior Court for the state of California.
According to the unpaid overtime wages Complaint filed against Sociedad, the retail store required their employees to prepare reports off-the-clock, and failed to pay overtime wages to these employess for their time spent working on these reports. As a result, the Complaint alleges Plaintiff and California Class Members were forced to clock out of Sociedad's timekeeping system, but were still required to perform additional work for Sociedad for which they were not compensated for.
Furthermore, the California Labor Code Complaint also alleges that the Plaintiff and California Class Members received non-discretionary quarterly commission payments from Sociedad, but the retail company allegedly failed to include this extra commission compensation in the regular rate of pay for the purposes of calculating the correct overtime pay rates owed to these employees. The failure to include the commission compensation in the regular rate of pay for overtime purposes, according to the complaint, "has resulted in a systematic underpayment of overtime compensation" to the Plaintiff and members of the California Class.
Founding partner of Blumenthal Nordrehaug, & Bhowmik, Norman Blumenthal asserts, “when employers exclude non-discretionary bonuses from the regular rate of pay when calculating their employee’s overtime rate, they are violating the law.”
For more information about recovering unpaid overtime wages in San Diego and to better understand your rights as an employee call an experienced San Diego employment attorney today at (866) 771-7099.
Blumenthal Nordrehaug & Bhowmik is a San Diego labor 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.