[Delaware North] failed to accurately calculate and record the overtime rate for the overtime hours worked by Plaintiffs
San Diego, California (PRWEB) August 29, 2012
On August 3 , 2012, the San Diego employment law firm Blumenthal, Nordrehaug & Bhowmik filed a class action wage claim against DNC Parks & Resorts At Tenaya, Inc.(“Delaware North”) alleging Delaware North miscalculated their employees’ regular rate of pay for purposes of calculating and paying their correct overtime rate. Vrab, et al. vs. DNC Parks & Resorts At Tenaya, Inc., Case No. 37-2012-00101735-CU-OE-CTL is currently pending in the San Diego County Superior Court for the State of California.
The Class Action Complaint alleges that the Plaintiffs receive compensation at an hourly rate plus non-discretionary bonus or incentive pay based on elements of their individual performance. Furthermore, the Complaint alleges that Delaware North “failed and continues to fail to include the bonus or incentive compensation as part of the employee’s ‘regular rate of pay’ for purposes of calculating overtime pay.” California law mandates that employers include non-discretionary incentive pay when calculating non-exempt employees’ regular and overtime rate of pay.
Additionally, as to some members of the putative Plaintiff class, the Complaint alleges that Delaware North did not pay these employees for all hours worked. Specifically, it alleges that these particular employees were ‘on-call’ for significant hours of their work shifts and these hours were neither being recorded nor compensated for.
Managing partner, Norman B. Blumenthal, stated “Failing to correctly include employees’ bonus and incentive pay in their overtime rate is a sneaky way for employers to save a few bucks. Unfortunately, these monies belong to the employees and it’s our job to see that they get it.”
The San Diego employment law firm Blumenthal, Nordrehaug & Bhowmik represent many employees of large companies in various wage and hour class actions. If you seek free legal advice or need to recover unpaid overtime wages call one of their experienced California labor attorneys today at (866) 771-7099.