FLSA Action Filed Against Mother's Market & Kitchen

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A proposed class and collective action complaint alleging numerous Fair Labor Standards Act (FLSA) violations has been filed in California against Mother’s Market & Kitchen, Inc. The plaintiff, who worked as a grocery clerk for the local organic produce retailer from March 2014 through July 2016 when he took a leave of absence, claims he and similarly situated employees were not paid proper time-and-a-half overtime wages after working more than 40 hours per week. Instead of time-and-a-half wages, the plaintiff claims the defendant paid non-discretionary bonuses, documented as “birthday bonus” or “employee of the month bonus,” and other forms of pay not excludable when tallying a worker’s regular hourly rate of pay.

“Despite [the defendant’s] payment of incentive pay to [the plaintiff], [the defendant] failed to properly incorporate the incentive pay when calculating [the plaintiff’s] regular rate of pay during corresponding periods where he worked overtime hours and received incentive pay, thereby causing [the plaintiff] to be underpaid all of his required overtime wages,” the complaint argues.