Class Action Claims Target’s ‘Alternative Workweek Schedule’ Deprived California Employees of Overtime Pay
Ornelas et al. v. Target Corporation
Filed: September 20, 2019 ◆§ 5:19-cv-01814
A proposed class action lawsuit claims Target didn’t pay California workers overtime, didn’t pay all wages to terminated employees within the required time limit and gave out incorrect wage statements.
California Target employees have filed a proposed class action lawsuit in which they claim they were illegally deprived of proper overtime pay while working at one of the retailer’s distribution centers.
According to the case, Target implemented for employees an “alternative workweek schedule” for which workers were required to take shifts of up to 10 hours per day without overtime pay usually owed for every hour worked after eight daily hours of work. The suit asserts that this practice is illegal and robbed employees of owed wages as a result.
The complaint claims that a consequence of Target’s failure to pay overtime is that the wage statements sent out by the company misstated the number of hours worked, all hourly rates in effect and all wages earned during each pay period. From the case:
“From March 21, 2019 to the present, Defendants have had a consistent policy of failing to provide to its distribution center non-exempt hourly employees in California, itemized wage statements that included the correct gross wages earned, the correct net wages earned, and the correct hourly rates in effect during the pay period and the corresponding correct number of hours worked at each hourly rate, including straight, overtime and double time hours and rates.”
Furthermore, the case claims that Target failed to provide former employees with all wages owed at the time of their termination as required by California law and failed to pay the resulting penalties as established by the state’s labor code.
The suit seeks to represent three classes of non-exempt Target distribution center employees in California who either did not receive overtime pay, received illegal wage statements or did not receive all wages owed at termination in a timely fashion from March 21, 2019 to the date of trial. The case, originally filed in California Superior Court, has since been removed to the state’s Central District.
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