Camping World Hit with Class Action Over Alleged California Labor Code Violations
by Erin Shaak
Milligan v. CWI, Inc.
Filed: September 9, 2020 ◆§ 5:20-cv-01847
A former Camping World employee claims in a class action that the retail chain has violated California labor laws by failing to provide proper wages and breaks.
California
A former Camping World employee claims in a proposed class action that the retail chain has violated California labor laws by failing to provide proper wages and breaks.
Filed against CWI, Inc., the lawsuit alleges Camping World, among other abuses, has improperly calculated employees’ overtime rates by failing to include bonuses, commissions and other incentive pay as part of the workers’ regular wage rates.
Moreover, the plaintiff, who worked at Camping World as a non-exempt employee between September 2017 and March 2020, alleges she and other workers were not paid proper wages, including minimum and overtime pay, for each hour worked.
The case goes on to claim Camping World failed to provide uninterrupted 30-minute meal breaks for every shift that exceeded five hours and a second 30-minute break for shifts that lasted longer than 10 hours, as well as 10-minute rest breaks for every four hours worked. According to the suit, workers were often unable to take proper breaks, or not allowed to leave the premises for such, due to the defendant’s staffing and scheduling practices, lack of coverage and work demands.
When employees were unable to take a compliant meal or rest break, Camping World failed to provide an extra hour of pay at their regular rate for each day in which a break period was missed, the lawsuit alleges.
Further, the case claims Camping World employees were deprived of suitable seating when they were not engaged in duties that required them to stand.
Finally, workers were not provided with accurate, itemized wage statements nor all wages owed at the time of their separation from the company, according to the complaint.
Initially filed in San Bernardino County Superior Court, the lawsuit has since been removed to California’s Central District Court, and looks to represent anyone employed by the defendant in the state as a non-exempt employee or in an equivalent position within the past four years and until the lawsuit is resolved, with one proposed subclass.
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