the Complaint claims these employees have been misclassified under California law and seeks an unspecified amount of back overtime pay for the Plaintiff and the proposed class.
Fresno, California (PRWEB) August 06, 2014
The class action Complaint was filed by the San Francisco labor law lawyers at Blumenthal, Nordrehaug & Bhowmik. The lawsuit, filed on July 17, 2014, alleges that Kmart Corporation misclassified their Loss Prevention Managers as exempt from overtime pay and as a result, failed to pay overtime wages, and failed to provide meal and rest breaks, as required by the California Labor Code. The lawsuit entitled, Moua, et al. v. Kmart Corporation & Sears Holdings Management Corporation, Case No. 14CECG02033 is currently pending in the Fresno County Superior Court for the State of California.
The Kmart Corporation complaint alleges that the Plaintiff, who worked as a Loss Prevention Manager, engaged in non-exempt tasks throughout his workday, including ensuring the proper operation and repairs of alarm equipment, detaining and processing shoplifters, and observing and reviewing store surveillance cameras among other things. The Complaint further claims that the Plaintiff and other Loss Prevention Managers are allegedly "managers in name only" as they do not direct the work of other employees and spend most of their day engaging in non-exempt job tasks. As such, the Complaint claims these employees have been misclassified under California law and seeks an unspecified amount of back overtime pay for the Plaintiff and the proposed class.
The firm also represents a class of Loss Prevention Managers who worked for Fry's Electronics claiming alleged unpaid overtime wages, Steffan v. Fry's Electronics, Inc. That case is pending in the Santa Clara County Superior Court, Case No. 1-13-CV-2541011. A copy of the Fry's Complaint can be read here.
If you are working in California and have "manager" in your job title, you may be entitled to overtime pay. Contact the overtime pay attorneys at Blumenthal, Nordrehaug & Bhowmik today for a free legal consultation.
The attorneys at Blumenthal, Nordrehaug & Bhowmik dedicate their practice to helping employees who have been wrongfully classified as salaried employees exempt from receiving overtime pay and other claims including violation of California labor laws.