Conam failed and still fails to include the monthly
bonus compensation as part of the employees regular rate of pay for purposes of calculating
San Diego, CA (PRWEB) May 14, 2012
On May 9, 2012 the employment attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against Conam Management Corporation for alleged wage and hour violations. Ungureano vs. Conam Management Corporation, Case No. 37-2012-00096977 is currently pending in San Diego County Superior Court.
According to the class action complaint filed against Conam Management Corporation, the property management company paid their non-exempt employees a monthly, nondiscretionary bonus based on their performance in the communities these property managers worked. According to the lawsuit Conam, “failed and still fails to include the monthly bonus compensation as part of the employees’ ‘regular rate of pay’ for purposes of calculating overtime pay.” The complaint also alleges that the failure to include the monthly bonus compensation in the regular rate of pay for the purpose of calculating the correct overtime rate, "has resulted in a systematic underpayment of overtime compensation" to the employees.
Moreover, the class action complaint filed against Conam Management Corporation alleges that as a result of Conam’s failure to correctly calculate and pay these employees the correct overtime rate, “the wage statements issued to Plaintiff and other California Class Members violate California law, and in particular, Labor Code Section 226(a).”
In the opinion of employment attorney Norm Blumenthal, "the failure to include non-discretionary bonus compensation into the regular rate of pay for the purpose of calculating the correct overtime rate is a clear violation of both California and federal law.”
For more information about the class action lawsuit against Conam Management Corporation call (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.