SolarCity Financial Company Pegged with Wage and Hour Class Action
Last Updated on May 8, 2018
Denicola et al v. Solarcity Finance Company, LLC et al
Filed: April 24, 2017 ◆§ 3:17-cv-00820-LAB-BGS
An individual formerly employed as a field energy specialist and retail energy consultant by SolarCity Financial Company, LLC has filed a proposed class action.
An individual formerly employed as a field energy specialist and retail energy consultant by SolarCity Financial Company, LLC claims in a proposed class action against the company that he was not paid proper wages for at least 508 overtime hours worked between December 2015 and April 2016 at various retail stores and kiosks in San Diego County.
Citing alleged abuses of the Fair Labor Standards Act (FLSA) and California labor laws, the 34-page class action claims the defendant—the largest solar energy services provider in the country—employs several thousand workers in non-exempt sales positions nationwide responsible for generating leads and leases of solar power systems. According to the plaintiff, SolarCity Financial Company’s wage and hour law violations include, among many others:
- Failing to maintain accurate and complete records of employees’ actual work time, including overtime hours.
- Scheduling sales employees for nine-hour shifts, but only paying the workers for eight hours. According to the lawsuit, this practice allows the defendant to “presume, without real-time documentation” that employees take their proper meal and rest breaks each shift.
- Instructing sales employees “not to record overtime hours if they want to have their timesheets approved and get paid,” instead expecting proposed class members to work “as long as it takes” to generate a lead or make a sale.
- Requiring proposed class members to work off the clock to follow up on leads in the field, specifically by “door knocking” in neighborhoods were home visits or installations were already scheduled.
- Miscalculating the overtime hours that were approved by managers, as well as paying incorrect wages for those overtime hours.
- Failing to accurately pay terminated employees (or those who quit) in a timely fashion.
- Failing to properly track and reimburse sales employees for work-related expenditures.
- Making allegedly unlawful deductions from sales workers’ commission payments under the guise of “recovering advances.”
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