Preview
BIBIYAN LAW GROUP, P.C.
1 David D. Bibiyan (Cal. Bar No. 287811)
2 david@tomorrowlaw.com
Jeffrey D. Klein (Cal. Bar No. 297296)
3 jeff@tomorrowlaw.com
Henry G. Glitz (Cal. Bar No. 349815) 2/20/2024
4 henry@tomorrowlaw.com
8484 Wilshire Boulevard, Suite 500
5
Beverly Hills, California 90211
6 Tel: (310) 438-5555; Fax: (310) 300-1705
7 Attorneys for Plaintiff, JESSICA CHUI, and
on behalf of herself and all others similarly situated
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF SAN MATEO
10
24-CIV-00982
11 JESSICA CHUI, an individual and on behalf CASE NO.:
of all others similarly situated,
12 CLASS ACTION COMPLAINT FOR:
13 Plaintiff, 1. FAILURE TO PAY OVERTIME WAGES;
14 v. 2. FAILURE TO PAY MINIMUM WAGES;
15 3. FAILURE TO PROVIDE MEAL
PERIODS;
16 ZOOX LABS, INC., a Delaware corporation;
4. FAILURE TO PROVIDE REST PERIODS;
17 HIREART INC., a Delaware corporation;
AICHA EVANS, an individual; and DOES 1 5. WAITING TIME PENALTIES;
18 through 100, inclusive,
6. WAGE STATEMENT VIOLATIONS;
19 Defendants.
7. FAILURE TO TIMELY PAY WAGES;
20
8. FAILURE TO INDEMNIFY;
21
9. UNFAIR COMPETITION.
22
23 DEMAND FOR JURY TRIAL
24 [Amount in Controversy Exceeds $25,000.00]
25
26
27
28
CLASS ACTION COMPLAINT
1 Plaintiff JESSICA CHUI, on behalf of Plaintiff and all others similarly situated, alleges as
2 follows:
3 GENERAL ALLEGATIONS
4 INTRODUCTION
5 1. This is a Class Action, pursuant to Code of Civil Procedure section 382, against
6 ZOOX LABS, INC., and any of its respective subsidiaries or affiliated companies within the State
7 of California (“Zoox”); HIREART INC., and any of its respective subsidiaries or affiliated
8 companies within the State of California (“Hireart”); and AICHA EVANS (“Evans” and
9 collectively, with Zoox, Hireart, and DOES 1 through 100, as further defined below, “Defendants”)
10 on behalf of Plaintiff and all other current and former non-exempt California employees employed
11 by or formerly employed by Defendants (“Class Members”).
12 PARTIES
13 A. Plaintiff
14 2. Plaintiff JESSICA CHUI is a resident of the State of California. At all relevant times
15 herein, Plaintiff is informed and believes, and based thereon alleges, that Defendants employed
16 Plaintiff as a non-exempt employee, with duties that included, but were not limited to, cleaning and
17 maintaining company vehicles. Plaintiff is informed and believes, and based thereon alleges, that
18 Plaintiff JESSICA CHUI worked for Defendants from approximately March of 2023 through
19 approximately May of 2023.
20 B. Defendants
21 3. Plaintiff is informed and believes and based thereon alleges that defendant Zoox is,
22 and at all times relevant hereto was, a corporation organized and existing under and by virtue of the
23 laws of the State of Delaware and doing business in the County of San Mateo, State of California.
24 Plaintiff is informed and believes, and based thereon alleges, that Zoox is a “client employer” within
25 the meaning of Labor Code section 2810.3 that procures outplacement staffing and payroll services
26 from various staffing agencies, including but not limited to, Hireart. At all relevant times herein,
27 Zoox employed Plaintiff and similarly situated employees within the State of California.
28 / / /
2
CLASS ACTION COMPLAINT
1 4. Plaintiff is informed and believes and based thereon alleges that defendant Hireart
2 is, and at all times relevant hereto was, a corporation organized and existing under and by virtue of
3 the laws of the State of Delaware and doing business in the County of San Mateo, State of California.
4 Plaintiff is informed and believes, and based thereon alleges, that Hireart is a labor contractor within
5 the meaning of Labor Code section 2810.3 that provides outplacement staffing and payroll services
6 for various industries and professions, including for Zoox. At all relevant times herein, Hireart
7 employed Plaintiff and similarly situated employees within the State of California.
8 5. Plaintiff is informed and believes and based thereon alleges that defendant Evans is,
9 and at all times relevant hereto was, an individual residing in California, as well as the Chief
10 Executive Office of Zoox, and DOES 1 through 100, as further defined below. Plaintiff is further
11 informed and believes and based thereon alleges that Evans violated, or caused to be violated, the
12 above-referenced and below-referenced Labor Code provisions in violation of Labor Code section
13 558.1.
14 6. The true names and capacities, whether individual, corporate, associate, or otherwise,
15 of defendants sued herein as DOES 1 through 100, inclusive, are currently unknown to Plaintiff,
16 who therefore sues defendants by such fictitious names under Code of Civil Procedure section 474.
17 Plaintiff is informed and believes and based thereon alleges that each of the defendants designated
18 herein as DOE is legally responsible in some manner for the unlawful acts referred to herein.
19 Plaintiff will seek leave of court to amend this Complaint to reflect the true names and capacities of
20 the defendants designated hereinafter as DOES when such identities become known. Plaintiff is
21 informed and believes, and based thereon alleges, that each defendant acted in all respects pertinent
22 to this action, as the agent of the other defendant(s), carried out a joint scheme, business plan or
23 policy in all respects pertinent hereto, and the acts of each defendant are legally attributable to the
24 other defendants. Whenever, heretofore or hereinafter, reference is made to “Defendants,” it shall
25 include Zoox, Hireart, and any of their parent, subsidiary, or affiliated companies within the State
26 of California, as well as Evans and DOES 1 through 100 identified herein.
27 / / /
28 / / /
3
CLASS ACTION COMPLAINT
1 JOINT LIABILITY ALLEGATIONS
2 7. Plaintiff is informed and believes and based thereon alleges that all the times
3 mentioned herein, each of the Defendants was the agent, principal, employee, employer,
4 representative, joint venture or co-conspirator of each of the other defendants, either actually or
5 ostensibly, and in doing the things alleged herein acted within the course and scope of such agency,
6 employment, joint venture, and conspiracy.
7 8. All of the acts and conduct described herein of each and every corporate defendant
8 was duly authorized, ordered, and directed by the respective and collective defendant corporate
9 employers, and the officers and management-level employees of said corporate employers. In
10 addition thereto, said corporate employers participated in the aforementioned acts and conduct of
11 their said employees, agents, and representatives, and each of them; and upon completion of the
12 aforesaid acts and conduct of said corporate employees, agents, and representatives, the defendant
13 corporation respectively and collectively ratified, accepted the benefits of, condoned, lauded,
14 acquiesced, authorized, and otherwise approved of each and all of the said acts and conduct of the
15 aforementioned corporate employees, agents and representatives.
16 9. Plaintiff is further informed and believes and based thereon alleges that Evans and
17 DOES 51 through 100 violated, or caused to be violated, the above-referenced and below-referenced
18 Labor Code provisions in violation of Labor Code section 558.1.
19 10. Plaintiff is informed and believes, and based thereon allege, that there exists such a
20 unity of interest and ownership between Defendants, and each of them, that their individuality and
21 separateness have ceased to exist.
22 11. Plaintiff is informed and believes, and based thereon alleges that despite the
23 formation of the purported corporate existence of Zoox, Hireart, and DOES 1 through 50, inclusive
24 (the “Alter Ego Defendants”), they, and each of them, are one and the same with Evans and DOES
25 51 through 100 (“Individual Defendants”), and each of them, due to, but not limited to, the following
26 reasons:
27 A. The Alter Ego Defendants are completely dominated and controlled by the Individual
28 Defendants who personally committed the wrongful and illegal acts and violated the
4
CLASS ACTION COMPLAINT
1 laws as set forth in this Complaint, and who has hidden and currently hide behind the
2 Alter Ego Defendants to perpetrate frauds, circumvent statutes, or accomplish some
3 other wrongful or inequitable purpose;
4 B. The Individual Defendants derive actual and significant monetary benefits by and
5 through the Alter Ego Defendants’ unlawful conduct, and by using the Alter Ego
6 Defendants as the funding source for the Individual Defendants’ own personal
7 expenditures;
8 C. Plaintiff is informed and believes and thereon alleges that the Individual Defendants
9 and the Alter Ego Defendants, while really one and the same, were segregated to
10 appear as though separate and distinct for purposes of perpetrating a fraud,
11 circumventing a statute, or accomplishing some other wrongful or inequitable
12 purpose;
13 D. Plaintiff is informed and believes and thereon alleges that the business affairs of the
14 Individual Defendants and the Alter Ego Defendants are, and at all relevant times
15 mentioned herein were, so mixed and intermingled that the same cannot reasonably
16 be segregated, and the same are inextricable confusion. The Alter Ego Defendants
17 are, and at all relevant times mentioned herein were, used by the Individual
18 Defendants as mere shells and conduits for the conduct of certain of their, and each
19 of their affairs. The Alter Ego Defendants are, and at all relevant times mentioned
20 herein were, the alter egos of the Individual Defendants;
21 E. The recognition of the separate existence of the Individual Defendants and the Alter
22 Ego Defendants would promote injustice insofar that it would permit defendants to
23 insulate themselves from liability to Plaintiff for violations of the Civil Code, Labor
24 Code, and other statutory violations. The corporate existence of these defendants
25 should thus be disregarded in equity and for the ends of justice because such
26 disregard is necessary to avoid fraud and injustice to Plaintiff herein;
27 F. Accordingly, the Alter Ego Defendants constitute the alter ego of the Individual
28 Defendants (and vice versa), and the fiction of their separate corporate existence
5
CLASS ACTION COMPLAINT
1 must be disregarded;
2 12. As a result of the aforementioned facts, Plaintiff is informed and believes, and based
3 thereon alleges that Defendants, and each of them, are joint employers.
4 JURISDICTION
5 13. Jurisdiction exists in the Superior Court of the State of California pursuant to Code
6 of Civil Procedure section 410.10.
7 14. Venue is proper in San Mateo County, California pursuant to Code of Civil
8 Procedure sections 392, et seq. because, among other things, San Mateo County is where the causes
9 of action complained of herein arose; the county in which the employment relationship began; the
10 county in which performance of the employment contract, or part of it, between Plaintiff and
11 Defendants was due to be performed; the county in which the employment contract, or part of it,
12 between Plaintiff and Defendants was actually performed; and the county in which Defendants, or
13 some of them, reside. Moreover, the unlawful acts alleged herein have a direct effect on Plaintiff
14 and Class Members in San Mateo County, and because Defendants employ numerous Class
15 Members in San Mateo County.
16 15. Plaintiff also provided Defendants, and each of them, with notice under Labor Code
17 section 2810.3, subdivision (d) that Plaintiff would seek to hold them liable for each other’s wage
18 and hour violations under Labor Code section 2810.3 on February 20, 2024 by certified mail with
19 return receipt requested.
20 FACTUAL BACKGROUND
21 16. For at least four (4) years prior to the filing of this action and continuing to the
22 present, Defendants have, at times, failed to pay overtime wages to Plaintiff and Class Members, or
23 some of them, in violation of California state wage and hour laws as a result of, without limitation,
24 Plaintiff and Class Members working over eight (8) hours per day, forty (40) hours per week, and
25 seven consecutive work days in a work week without being properly compensated for hours worked
26 in excess of (8) hours per day in a work day, forty (40) hours per week in a work week, and/or hours
27 worked on the seventh consecutive work day in a work week by, among other things, failing to
28 accurately track and/or pay for all minutes actually worked at the proper overtime rate of pay;
6
CLASS ACTION COMPLAINT
1 engaging, suffering, or permitting employees to work off the clock, including, without limitation,
2 by requiring Plaintiff and Class Members: to come early to work and leave late work without being
3 able to clock in for all that time, to suffer under Defendants’ control due to long lines for clocking
4 in, to complete pre-shift tasks before clocking in and post-shift tasks after clocking out, to clock out
5 for meal periods and continue working, to clock out for rest periods, to don and doff uniforms and/or
6 safety equipment off the clock, to attend company meetings off the clock, to make phone calls off
7 the clock, to drive off the clock, and/or go through security screenings and/or temperature checks
8 off the clock; failing to include all forms of remuneration, including non-discretionary bonuses,
9 incentive pay, meal allowances, mask allowances, gift cards and other forms of remuneration into
10 the regular rate of pay for the pay periods where overtime was worked and the additional
11 compensation was earned for the purpose of calculating the overtime rate of pay; detrimental
12 rounding of employee time entries, editing and/or manipulation of time entries; and by attempting
13 but failing to properly implement an alternative workweek schedule (“AWS”) (including, without
14 limitation, by failing to implement a written agreement designating the regularly scheduled
15 alternative workweek in which the specified number of work days and work hours are regularly
16 recurring; failing to adopt the AWS in a secret ballot election, before the performance of work, by
17 at least a two-thirds (2/3) vote of the affected employees in the work unit; failing to follow the
18 notice/disclosures procedures prior to any AWS election; and/or failing to register an AWS election
19 with the State of California, as required by Labor Code section 511 and applicable Wage Orders; to
20 the detriment of Plaintiff and Class Members.
21 17. For at least four (4) years prior to the filing of this Action and continuing to the
22 present, Defendants have, at times, failed to pay minimum wages to Plaintiff and Class Members,
23 or some of them, in violation of California state wage and hour laws as a result of, among other
24 things, at times, failing to accurately track and/or pay for all hours actually worked at their regular
25 rate of pay that is above the minimum wage; engaging, suffering, or permitting employees to work
26 off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come early
27 to work and leave late work without being able to clock in for all that time, to suffer under
28 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in
7
CLASS ACTION COMPLAINT
1 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock
2 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend
3 company meetings off the clock, to make phone calls off the clock; to drive off the clock; detrimental
4 rounding of employee time entries; editing and/or manipulation of time entries to show less hours
5 than actually worked; failing to pay split shift premiums; and failing to pay reporting time pay; to
6 the detriment of Plaintiff and Class Members.
7 18. For at least four (4) years prior to the filing of this Action and continuing to the
8 present, Defendants have, at times, failed to provide Plaintiff and Class Members, or some of them,
9 full, timely thirty (30) minute uninterrupted meal period for days on which they worked more than
10 five (5) hours in a work day and a second thirty (30) minute uninterrupted meal period for days on
11 which they worked in excess of ten (10) hours in a work day, and failing to provide compensation
12 for such unprovided meal periods as required by California wage and hour laws.
13 19. For at least four (4) years prior to the filing of this action and continuing to the
14 present, Defendants have, at times, failed to authorize and permit Plaintiff and Class Members, or
15 some of them, to take rest periods of at least ten (10) minutes per four (4) hours worked or major
16 fraction thereof and failed to provide compensation for such unprovided rest periods as required by
17 California wage and hour laws.
18 20. For at least three (3) years prior to the filing of this action and continuing to the
19 present, Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the
20 full amount of their wages owed to them upon termination and/or resignation as required by Labor
21 Code sections 201 and 202, including for, without limitation, failing to pay overtime wages,
22 minimum wages, and premium wages.
23 21. For at least one (1) year prior to the filing of this Action and continuing to the present,
24 Defendants have, at times, failed to furnish Plaintiff and Class Members, or some of them, with
25 itemized wage statements that accurately reflect gross wages earned; total hours worked; net wages
26 earned; all applicable hourly rates in effect during the pay period and the corresponding number of
27 hours worked at each hourly rate; the name and address of the legal entity that is the employer; and
28 other such information as required by Labor Code section 226, subdivision (a). As a result thereof,
8
CLASS ACTION COMPLAINT
1 Defendants have further failed to furnish employees with an accurate calculation of gross and gross
2 wages earned, as well as gross and net wages paid.
3 22. For at least one (1) year prior to the filing of this action and continuing to the present,
4 Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the full
5 amount of their wages for labor performed in a timely fashion as required under Labor Code section
6 204.
7 23. For at least three (3) years prior to the filing of this action and continuing to the
8 present, Defendants have, at times, failed to indemnify Class Members, or some of them, for the
9 costs incurred in mileage and/or gas costs incurred in driving personal vehicles for work-related
10 purposes; using cellular phones for work-related purposes; and purchasing tools necessary to
11 perform work duties.
12 24. For at least four (4) years prior to the filing of this action and continuing to the
13 present, Defendants have had a consistent policy of failing to provide Plaintiffs and similarly
14 situated employees or former employees within the State of California with the rights provided to
15 them under the Healthy Workplace Heathy Families Act of 2014, codified at Labor Code section
16 245, et seq.
17 25. Plaintiff, on their own behalf and on behalf of Class Members, brings this action
18 pursuant to, including but not limited to, Labor Code sections 200, 201, 202, 203, 204, 226, 226.7,
19 245, et seq., 510, 512, 558.1, 1194, 1194.2, 1197, 2802, and California Code of Regulations, Title
20 8, section 11040, seeking overtime wages, minimum wages, payment of premium wages for missed
21 meal and rest periods, failure to pay timely wages, waiting time penalties, wage statement penalties,
22 failure to indemnify work-related expenses, other such provisions of California law, and reasonable
23 attorneys’ fees and costs.
24 26. Plaintiff, on Plaintiff’s own behalf and on behalf of Class Members, pursuant to
25 Business and Professions Code sections 17200 through 17208, also seeks (an) injunction(s)
26 prohibiting Defendants from further violating the Labor Code and requiring the establishment of
27 appropriate and effective means to prevent further violations, as well as all monies owed but
28 withheld and retained by Defendants to which Plaintiff and Class Members are entitled, as well as
9
CLASS ACTION COMPLAINT
1 restitution of amounts owed.
2 CLASS ACTION ALLEGATIONS
3 27. Plaintiff brings this action on behalf of Plaintiff and Class Members as a class action
4 pursuant to Code of Civil Procedure section 382. Plaintiff seeks to represent a class of all current
5 and former non-exempt employees of Defendants within the State of California at any time
6 commencing four (4) years preceding the filing of Plaintiff’s complaint up until the time that notice
7 of the class action is provided to the class (collectively referred to as “Class Members”).
8 28. Plaintiff reserves the right under California Rule of Court rule 3.765, subdivision (b)
9 to amend or modify the class description with greater specificity, further divide the defined class
10 into subclasses, and to further specify or limit the issues for which certification is sought.
11 29. This action has been brought and may properly be maintained as a class action under
12 the provisions of Code of Civil Procedure section 382 because there is a well-defined community
13 of interest in the litigation and the proposed Class is easily ascertainable.
14 A. Numerosity
15 30. The potential Class Members as defined are so numerous that joinder of all the
16 members of the Class is impracticable. While the precise number of Class Members has not been
17 determined yet, Plaintiff is informed and believes that there are over seventy-five (75) Class
18 Members employed by Defendants within the State of California.
19 31. Accounting for employee turnover during the relevant periods necessarily increases
20 this number. Plaintiff alleges Defendants’ employment records would provide information as to the
21 number and location of all Class Members. Joinder of all members of the proposed Class is not
22 practicable.
23 B. Commonality
24 32. There are questions of law and fact common to Class Members. These common
25 questions include, but are not limited to:
26 A. Did Defendants violate Labor Code sections 510 and 1194 by failing to pay all hours
27 worked at a proper overtime rate of pay?
28 / / /
10
CLASS ACTION COMPLAINT
1 B. Did Defendants violate Labor Code sections 510, 1194 and 1197 by failing to pay
2 for all other time worked at the employee’s regular rate of pay and a rate of pay that
3 is greater than the applicable minimum wage?
4 C. Did Defendants violate Labor Code section 512 by not authorizing or permitting
5 Class Members to take compliant meal periods?
6 D. Did Defendants violate Labor Code section 226.7 by not providing Class Members
7 with additional wages for missed or interrupted meal periods?
8 E. Did Defendants violate applicable Wage Orders by not authorizing or permitting
9 Class Members to take compliant rest periods?
10 F. Did Defendants violate Labor Code section 226.7 by not providing Class Members
11 with additional wages for missed rest periods?
12 G. Did Defendants violate Labor Code sections 201 and 202 by failing to pay Class
13 Members upon termination or resignation all wages earned?
14 H. Are Defendants liable to Class Members for waiting time penalties under Labor Code
15 section 203?
16 I. Did Defendants violate Labor Code section 226, subdivision (a) by not furnishing
17 Class Members with accurate wage statements?
18 J. Did Defendants fail to pay Class Members in a timely fashion as required under
19 Labor Code section 204?
20 K. Did Defendants fail to indemnify Class Members for all necessary expenditures or
21 losses incurred in direct consequence of the discharge of their duties or by obedience
22 to the directions of Defendants as required under Labor Code section 2802?
23 L. Did Defendants violate the Unfair Competition Law, Business and Professions Code
24 section 17200, et seq., by their unlawful practices as alleged herein?
25 M. Are Class Members entitled to restitution of wages under Business and Professions
26 Code section 17203?
27 N. Are Class Members entitled to costs and attorneys’ fees?
28 O. Are Class Members entitled to interest?
11
CLASS ACTION COMPLAINT
1 C. Typicality
2 33. The claims of Plaintiff herein alleged are typical of those claims which could be
3 alleged by any Class Members, and the relief sought is typical of the relief which would be sought
4 by each Class Member in separate actions. Plaintiff and Class Members sustained injuries and
5 damages arising out of and caused by Defendants’ common course of conduct in violation of laws
6 and regulations that have the force and effect of law and statutes as alleged herein.
7 D. Adequacy of Representation
8 34. Plaintiff will fairly and adequately represent and protect the interest of Class
9 Members. Counsel who represents Plaintiff is competent and experienced in litigating wage and
10 hour class actions.
11 E. Superiority of Class Action
12 35. A class action is superior to other available means for the fair and efficient
13 adjudication of this controversy. Individual joinder of all Class Members is not practicable, and
14 questions of law and fact common to Class Members predominate over any questions affecting only
15 individual Class Members. Class Members, as further described therein, have been damaged and
16 are entitled to recovery by reason of Defendants’ policies and/or practices that have resulted in the
17 violation of the Labor Code at times, as set out herein.
18 36. Class action treatment will allow Class Members to litigate their claims in a manner
19 that is most efficient and economical for the parties and the judicial system. Plaintiff is unaware of
20 any difficulties that are likely to be encountered in the management of this action that would
21 preclude its maintenance as a class action.
22 FIRST CAUSE OF ACTION
23 (Failure to Pay Overtime Wages – Against All Defendants)
24 37. Plaintiff realleges and incorporates by reference all of the allegations contained in
25 the preceding paragraphs as though fully set forth hereat.
26 38. At all relevant times, Plaintiff and Class Members were employees or former
27 employees of Defendants covered by Labor Code sections 510, 1194 and 1199, as well as applicable
28 Wage Orders.
12
CLASS ACTION COMPLAINT
1 39. At all times relevant to this Complaint, Labor Code section 510 was in effect and
2 provided: “(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in
3 one workday and any work in excess of forty hours in any one workweek . . . shall be compensated
4 at the rate of no less than one and one-half times the regular rate of pay for an employee.”
5 40. At all times relevant to this Complaint, Labor Code section 510 further provided that
6 “[a]ny work in excess of 12 hours in one day shall be compensated at the rate of no less than twice
7 the regular rate of pay for an employee. In addition, any work in excess of eight hours on any
8 seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of
9 pay.”
10 41. Four (4) years prior to the filing of the Complaint in this Action through the present,
11 Plaintiff and Class Members, at times, worked for Defendants during shifts that consisted of more
12 than eight (8) hours in a workday and/or more than forty hours in a workweek, and/or seven (7)
13 consecutive workdays in a workweek, without being paid overtime wages for all hours worked as a
14 result of, including but not limited to, Defendants failing to accurately track and/or pay for all hours
15 actually worked at the proper overtime rate of pay; engaging, suffering, or permitting employees to
16 work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come
17 early to work and leave late work without being able to clock in for all that time, to suffer under
18 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in
19 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock
20 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend
21 company meetings off the clock, to make phone calls off the clock, to drive off the clock, and/or go
22 through security screenings and/or temperature checks off the clock; failing to include all forms of
23 remuneration, including non-discretionary bonuses, incentive pay, meal allowances, mask
24 allowances, gift cards and other forms of remuneration into the regular rate of pay for the pay periods
25 where overtime was worked and the additional compensation was earned for the purpose of
26 calculating the overtime rate of pay; detrimental rounding of employee time entries, editing and/or
27 manipulation of time entries; and by attempting but failing to properly implement an alternative
28 workweek schedule (“AWS”) (including, without limitation, by failing to implement a written
13
CLASS ACTION COMPLAINT
1 agreement designating the regularly scheduled alternative workweek in which the specified number
2 of work days and work hours are regularly recurring; failing to adopt the AWS in a secret ballot
3 election, before the performance of work, by at least a two-thirds (2/3) vote of the affected
4 employees in the work unit; failing to follow the notice/disclosures procedures prior to any AWS
5 election; and/or failing to register an AWS election with the State of California, as required by Labor
6 Code section 511 and applicable Wage Orders; to the detriment of Plaintiff and Class Members.
7 42. Accordingly, by requiring Plaintiff and Class Members to, at times, work greater
8 than eight (8) hours per workday, forty (40) hours per workweek, and/or seven (7) straight workdays
9 without properly compensating overtime wages at the proper overtime rate of pay, Defendants, on
10 occasion, willfully violated the provisions of the Labor Code, among others, sections 510, 1194, and
11 applicable IWC Wage Orders, and California law.
12 43. As a result of the unlawful acts of Defendants, Plaintiff and Class Members have
13 been deprived of overtime wages in amounts to be determined at trial, and are entitled to recovery,
14 plus interest and penalties thereon, attorneys’ fees and costs, pursuant to Labor Code section 1194
15 and 1199, Code of Civil Procedure section 1021.5 and 1032, and Civil Code section 3287.
16 SECOND CAUSE OF ACTION
17 (Failure to Pay Minimum Wages – Against All Defendants)
18 44. Plaintiff realleges and incorporates by reference all of the allegations contained in
19 the preceding paragraphs as though fully set forth hereat.
20 45. At all relevant times, Plaintiff and Class Members were employees or former
21 employees of Defendants covered by Labor Code sections 1197, 1199 and applicable Wage Orders.
22 46. Pursuant to Labor Code section 1197 and applicable Wage Orders, Plaintiff and
23 Class Members were entitled to receive minimum wages for all hours worked or otherwise under
24 Defendants’ control.
25 47. For four (4) years prior to the filing of the Complaint in this Action through the
26 present, Defendants failed, at times, to accurately track and/or pay for all hours actually worked at
27 their regular rate of pay that is above the minimum wage; engaged, suffered, or permitted employees
28 to work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to
14
CLASS ACTION COMPLAINT
1 come early to work and leave late work without being able to clock in for all that time, to suffer
2 under Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before
3 clocking in and post-shift tasks after clocking out, to clock out for meal periods and continue
4 working, to clock out for rest periods, to don and doff uniforms and/or safety equipment off the
5 clock, to attend company meetings off the clock, to make phone calls off the clock; to drive off the
6 clock; detrimental rounding of employee time entries; editing and/or manipulation of time entries to
7 show less hours than actually worked; failing to pay split shift premiums; and failing to pay reporting
8 time pay; to the detriment of Plaintiff and Class Members.
9 48. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
10 suffered damages in an amount, subject to proof, to the extent they were not paid minimum wages
11 for all hours worked or otherwise due.
12 49. Pursuant to Labor Code sections 218.6, 1194, 1194.2, Code of Civil Procedure
13 sections 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to
14 recover the full amount of unpaid minimum wages, interest and penalties thereon, liquidated
15 damages, reasonable attorneys’ fees and costs of suit.
16 THIRD CAUSE OF ACTION
17 (Failure to Provide Meal Periods – Against All Defendants)
18 50. Plaintiff realleges and incorporates by reference all of the allegations contained in
19 the preceding paragraphs as though fully set forth hereat.
20 51. At all relevant times, Plaintiff and Class Members were employees or former
21 employees of Defendants covered by Labor Code section 512 and applicable Wage Orders.
22 52. Pursuant to Labor Code section 512 and applicable Wage Orders, no employer shall
23 employ an employee for a work period of more than five (5) hours without a timely meal break of
24 not less than thirty (30) minutes in which the employee is relieved of all of his or her duties.
25 Furthermore, no employer shall employ an employee for a work period of more than ten (10) hours
26 per day without providing the employee with a second timely meal period of not less than thirty (30)
27 minutes in which the employee is relieved of all of his or her duties.
28 / / /
15
CLASS ACTION COMPLAINT
1 53. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee
2 with a meal period as provided in the applicable Wage Order of the Industrial Welfare Commission,
3 the employer shall pay the employee one (1) additional hour of pay at the employee’s regular rate
4 of compensation for each workday that the meal period is not provided.
5 54. For four (4) years prior to the filing of the Complaint in this Action through the
6 present, Plaintiff and Class Members were, at times, not provided complete, timely 30-minute, duty-
7 free uninterrupted meal periods every five hours of work without waiving the right to take them, as
8 permitted. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the
9 Class Member’s regular rate of compensation on the occasions that Class Members were not
10 provided compliant meal periods.
11 55. By their failure to provide Plaintiff and Class Members compliant meal periods as
12 contemplated by Labor Code section 512, among other California authorities, and failing, at times,
13 to provide compensation for such unprovided meal periods, as alleged above, Defendants willfully
14 violated the provisions of Labor Code section 512 and applicable Wage Orders.
15 56. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
16 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay
17 owed for missed, untimely, interrupted, incomplete and/or on-duty meal periods.
18 57. Plaintiff and Class Members are entitled to recover the full amount of their unpaid
19 additional pay for unprovided compliant meal periods, in amounts to be determined at trial, plus
20 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7,
21 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287.
22 FOURTH CAUSE OF ACTION
23 (Failure to Provide Rest Periods – Against All Defendants)
24 58. Plaintiff realleges and incorporates by reference all of the allegations contained in
25 the preceding paragraphs as though fully set forth hereat.
26 59. At all relevant times, Plaintiff and Class Members were employees or former
27 employees of Defendants covered by applicable Wage Orders.
28 / / /
16
CLASS ACTION COMPLAINT
1 60. California law and applicable Wage Orders require that employers “authorize and
2 permit” employees to take ten (10) minute rest periods in about the middle of each four (4) hour
3 work period “or major fraction thereof.” Accordingly, employees who work shifts of three and-a-
4 half (3 ½) to six (6) hours must be provided ten (10) minutes of paid rest period, employees who
5 work shifts of more than six (6) and up to ten (10) hours must be provided with twenty (20) minutes
6 of paid rest period, and employees who work shifts of more than ten (10) hours must be provided
7 thirty (30) minutes of paid rest period.
8 61. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee
9 with a meal period or rest period as provided in the applicable Wage Order of the Industrial Welfare
10 Commission, the employer shall pay the employee one (1) additional hour of pay at the employee’s
11 regular rate of compensation for each work day that the rest period is not provided.
12 62. For four (4) years prior to the filing of the Complaint in this Action through the
13 present, Plaintiff and Class Members were, at times, not authorized or permitted to take complete,
14 timely 10-minute, duty-free uninterrupted rest periods every four (4) hours of work or major fraction
15 thereof. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the Class
16 Member’s regular rate of compensation on the occasions that Class Members were not authorized
17 or permitted to take compliant rest periods.
18 63. By their failure, at times, to authorize and permit Plaintiff and Class Members to take
19 rest periods contemplated by California law, and one (1) additional hour of pay at the employee’s
20 regular rate of compensation for such unprovided rest periods, as alleged above, Defendants
21 willfully violated the provisions of Labor Code section 226.7 and applicable Wage Orders.
22 64. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
23 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay
24 owed for rest periods that they were not authorized or permitted to take.
25 65. Plaintiff and Class Members are entitled to recover the full amount of their unpaid
26 additional pay for unprovided compliant rest periods, in amounts to be determined at trial, plus
27 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7,
28 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287.
17
CLASS ACTION COMPLAINT
1 FIFTH CAUSE OF ACTION
2 (Failure to Pay All Wages Due Upon Termination – Against All Defendants)
3 66. Plaintiff realleges and incorporates by reference all of the allegations contained in
4 the preceding paragraphs as though fully set forth hereat.
5 67. At all relevant times, Plaintiff and Class Members were employees or former
6 employees of Defendants covered by Labor Code sections 201, 202 and 203, as well as applicable
7 Wage Orders.
8 68. Pursuant to Labor Code sections 201 and 202, Plaintiff and Class Members were
9 entitled upon termination to timely payment of all wages earned and unpaid prior to termination.
10 Discharged Class Members were entitled to payment of all wages earned and unpaid prior to
11 discharge immediately upon termination. Class Members who resigned were entitled to payment
12 of all wages earned and unpaid prior to resignation within 72 hours after giving notice of resignation
13 or, if they gave 72 hours previous notice, they were entitled to payment of all wages earned and
14 unpaid at the time of resignation.
15 69. Plaintiff is informed and believes, and based thereon alleges, that in the three (3)
16 years before the filing of the Complaint in this Action through the present, Defendants, due to the
17 failure, at times, to provide overtime wages mentioned above, failed to pay Plaintiff and Class
18 Members all wages earned prior to resignation or termination in accordance with Labor Code
19 sections 201 or 202.
20 70. Plaintiff is informed and believes Defendants’ failure, at times, to pay Plaintiff and
21 Class Members all wages earned prior to termination or resignation in accordance with Labor Code
22 sections 201 and 202 was willful. Defendants had the ability to pay all wages earned by Plaintiff
23 and Class Members at the time of termination in accordance with Labor Code sections 201 and 202,
24 but intentionally adopted policies or practices incompatible with the requirements of Labor Code
25 sections 201 and 202 resulting in the failure, at times, to pay all wages earned prior to termination
26 or resignation.
27 71. Pursuant to Labor Code section 203, Plaintiff and Class Members are entitled to
28 waiting time penalties from the date their earned and unpaid wages were due, upon termination or
18
CLASS ACTION COMPLAINT
1 resignation, until paid, up to a maximum of thirty (30) days.
2 72. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
3 suffered damages in an amount subject to proof, to the extent they were not paid for all wages earned
4 prior to termination or resignation.
5 73. Pursuant to Labor Code section 203 and 218.6, Code of Civil Procedure sections
6 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to recover
7 waiting time penalties, interest, and their costs of suit, as well.
8 SIXTH CAUSE OF ACTION
9 (Failure to Provide Accurate Wage Statements – Against All Defendants)
10 74. Plaintiff realleges and incorporates by reference all of the allegations contained in
11 the preceding paragraphs as though fully set forth hereat.
12 75. At all relevant times, Plaintiff and Class Members were employees or former
13 employees of Defendants covered by Labor Code section 226, as well as applicable Wage Orders.
14 76. Pursuant to Labor Code section 226, subdivision (a), Plaintiff and Class Members
15 were entitled to receive, semi-monthly or at the time of each payment of wages, an accurate itemized
16 statement that accurately reflects, among other things, gross wages earned; total hours worked; net
17 wages earned; all applicable hourly rates in effect during the pay period and the corresponding
18 number of hours worked at each hourly rate; and the name and address of the legal entity that is the
19 employer, among other things.
20 77. Plaintiff is informed and believes, and based thereon alleges, that in the one (1) year
21 before the filing of the Complaint in this Action through the present, Defendants failed to comply
22 with Labor Code section 226, subdivision (a) by adopting policies and practices that resulted in their
23 failure, at times, to furnish Plaintiff and Class Members with accurate itemized statements that
24 accurately reflect, among other things, gross wages earned; total hours worked; net wages earned;
25 all applicable hourly rates in effect during the pay period and the corresponding number of hours
26 worked at each hourly rate; and the name and address of the legal entity that is the employer, among
27 other things.
28 / / /
19
CLASS ACTION COMPLAINT
1 78. Defendants’ failure to, at times, provide Plaintiff and Class Members with accurate
2 wage statements was knowing, intentional, and willful. Defendants had the ability to provide
3 Plaintiff and the other Class Members with accurate wage statements, but, at times, willfully
4 provided wage statements that Defendants knew were not accurate.
5 79. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have
6 suffered injury. The absence of accurate information on Class Members’ wage statements at times
7 has delayed timely challenge to Defendants’ unlawful pay practices; requires discovery and
8 mathematical computations to determine the amount of wages owed; causes difficulty and expense
9 in attempting to reconstruct time and pay records; and led to submission of inaccurate information
10 about wages and amounts deducted from wages to state and federal governmental agencies, among
11 other things.
12 80. Pursuant to Labor Code section 226, subdivision (e), Plaintiff and Class Members
13 are entitled to recover $50 for the initial pay period during the period in which violation of Labor
14 Code section 226 occurred and $100 for each violation of Labor Code section 226 in a subsequent
15 pay period, not to exceed an aggregate $4,000.00 per employee.
16 81. Pursuant to Labor Code sections 226, subdivisions (e) and (g), Code of Civil
17 Procedure section 103
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BIBIYAN LAW GROUP, P.C. 1 David D. Bibiyan (Cal. Bar No. 287811) 2 david@tomorrowlaw.com Jeffrey D. Klein (Cal. Bar No. 297296) 3 jeff@tomorrowlaw.com Henry G. Glitz (Cal. Bar No. 349815) 2/20/2024 4 henry@tomorrowlaw.com 8484 Wilshire Boulevard, Suite 500 5 Beverly Hills, California 90211 6 Tel: (310) 438-5555; Fax: (310) 300-1705 7 Attorneys for Plaintiff, JESSICA CHUI, and on behalf of herself and all others similarly situated 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN MATEO 10 24-CIV-00982 11 JESSICA CHUI, an individual and on behalf CASE NO.: of all others similarly situated, 12 CLASS ACTION COMPLAINT FOR: 13 Plaintiff, 1. FAILURE TO PAY OVERTIME WAGES; 14 v. 2. FAILURE TO PAY MINIMUM WAGES; 15 3. FAILURE TO PROVIDE MEAL PERIODS; 16 ZOOX LABS, INC., a Delaware corporation; 4. FAILURE TO PROVIDE REST PERIODS; 17 HIREART INC., a Delaware corporation; AICHA EVANS, an individual; and DOES 1 5. WAITING TIME PENALTIES; 18 through 100, inclusive, 6. WAGE STATEMENT VIOLATIONS; 19 Defendants. 7. FAILURE TO TIMELY PAY WAGES; 20 8. FAILURE TO INDEMNIFY; 21 9. UNFAIR COMPETITION. 22 23 DEMAND FOR JURY TRIAL 24 [Amount in Controversy Exceeds $25,000.00] 25 26 27 28 CLASS ACTION COMPLAINT 1 Plaintiff JESSICA CHUI, on behalf of Plaintiff and all others similarly situated, alleges as 2 follows: 3 GENERAL ALLEGATIONS 4 INTRODUCTION 5 1. This is a Class Action, pursuant to Code of Civil Procedure section 382, against 6 ZOOX LABS, INC., and any of its respective subsidiaries or affiliated companies within the State 7 of California (“Zoox”); HIREART INC., and any of its respective subsidiaries or affiliated 8 companies within the State of California (“Hireart”); and AICHA EVANS (“Evans” and 9 collectively, with Zoox, Hireart, and DOES 1 through 100, as further defined below, “Defendants”) 10 on behalf of Plaintiff and all other current and former non-exempt California employees employed 11 by or formerly employed by Defendants (“Class Members”). 12 PARTIES 13 A. Plaintiff 14 2. Plaintiff JESSICA CHUI is a resident of the State of California. At all relevant times 15 herein, Plaintiff is informed and believes, and based thereon alleges, that Defendants employed 16 Plaintiff as a non-exempt employee, with duties that included, but were not limited to, cleaning and 17 maintaining company vehicles. Plaintiff is informed and believes, and based thereon alleges, that 18 Plaintiff JESSICA CHUI worked for Defendants from approximately March of 2023 through 19 approximately May of 2023. 20 B. Defendants 21 3. Plaintiff is informed and believes and based thereon alleges that defendant Zoox is, 22 and at all times relevant hereto was, a corporation organized and existing under and by virtue of the 23 laws of the State of Delaware and doing business in the County of San Mateo, State of California. 24 Plaintiff is informed and believes, and based thereon alleges, that Zoox is a “client employer” within 25 the meaning of Labor Code section 2810.3 that procures outplacement staffing and payroll services 26 from various staffing agencies, including but not limited to, Hireart. At all relevant times herein, 27 Zoox employed Plaintiff and similarly situated employees within the State of California. 28 / / / 2 CLASS ACTION COMPLAINT 1 4. Plaintiff is informed and believes and based thereon alleges that defendant Hireart 2 is, and at all times relevant hereto was, a corporation organized and existing under and by virtue of 3 the laws of the State of Delaware and doing business in the County of San Mateo, State of California. 4 Plaintiff is informed and believes, and based thereon alleges, that Hireart is a labor contractor within 5 the meaning of Labor Code section 2810.3 that provides outplacement staffing and payroll services 6 for various industries and professions, including for Zoox. At all relevant times herein, Hireart 7 employed Plaintiff and similarly situated employees within the State of California. 8 5. Plaintiff is informed and believes and based thereon alleges that defendant Evans is, 9 and at all times relevant hereto was, an individual residing in California, as well as the Chief 10 Executive Office of Zoox, and DOES 1 through 100, as further defined below. Plaintiff is further 11 informed and believes and based thereon alleges that Evans violated, or caused to be violated, the 12 above-referenced and below-referenced Labor Code provisions in violation of Labor Code section 13 558.1. 14 6. The true names and capacities, whether individual, corporate, associate, or otherwise, 15 of defendants sued herein as DOES 1 through 100, inclusive, are currently unknown to Plaintiff, 16 who therefore sues defendants by such fictitious names under Code of Civil Procedure section 474. 17 Plaintiff is informed and believes and based thereon alleges that each of the defendants designated 18 herein as DOE is legally responsible in some manner for the unlawful acts referred to herein. 19 Plaintiff will seek leave of court to amend this Complaint to reflect the true names and capacities of 20 the defendants designated hereinafter as DOES when such identities become known. Plaintiff is 21 informed and believes, and based thereon alleges, that each defendant acted in all respects pertinent 22 to this action, as the agent of the other defendant(s), carried out a joint scheme, business plan or 23 policy in all respects pertinent hereto, and the acts of each defendant are legally attributable to the 24 other defendants. Whenever, heretofore or hereinafter, reference is made to “Defendants,” it shall 25 include Zoox, Hireart, and any of their parent, subsidiary, or affiliated companies within the State 26 of California, as well as Evans and DOES 1 through 100 identified herein. 27 / / / 28 / / / 3 CLASS ACTION COMPLAINT 1 JOINT LIABILITY ALLEGATIONS 2 7. Plaintiff is informed and believes and based thereon alleges that all the times 3 mentioned herein, each of the Defendants was the agent, principal, employee, employer, 4 representative, joint venture or co-conspirator of each of the other defendants, either actually or 5 ostensibly, and in doing the things alleged herein acted within the course and scope of such agency, 6 employment, joint venture, and conspiracy. 7 8. All of the acts and conduct described herein of each and every corporate defendant 8 was duly authorized, ordered, and directed by the respective and collective defendant corporate 9 employers, and the officers and management-level employees of said corporate employers. In 10 addition thereto, said corporate employers participated in the aforementioned acts and conduct of 11 their said employees, agents, and representatives, and each of them; and upon completion of the 12 aforesaid acts and conduct of said corporate employees, agents, and representatives, the defendant 13 corporation respectively and collectively ratified, accepted the benefits of, condoned, lauded, 14 acquiesced, authorized, and otherwise approved of each and all of the said acts and conduct of the 15 aforementioned corporate employees, agents and representatives. 16 9. Plaintiff is further informed and believes and based thereon alleges that Evans and 17 DOES 51 through 100 violated, or caused to be violated, the above-referenced and below-referenced 18 Labor Code provisions in violation of Labor Code section 558.1. 19 10. Plaintiff is informed and believes, and based thereon allege, that there exists such a 20 unity of interest and ownership between Defendants, and each of them, that their individuality and 21 separateness have ceased to exist. 22 11. Plaintiff is informed and believes, and based thereon alleges that despite the 23 formation of the purported corporate existence of Zoox, Hireart, and DOES 1 through 50, inclusive 24 (the “Alter Ego Defendants”), they, and each of them, are one and the same with Evans and DOES 25 51 through 100 (“Individual Defendants”), and each of them, due to, but not limited to, the following 26 reasons: 27 A. The Alter Ego Defendants are completely dominated and controlled by the Individual 28 Defendants who personally committed the wrongful and illegal acts and violated the 4 CLASS ACTION COMPLAINT 1 laws as set forth in this Complaint, and who has hidden and currently hide behind the 2 Alter Ego Defendants to perpetrate frauds, circumvent statutes, or accomplish some 3 other wrongful or inequitable purpose; 4 B. The Individual Defendants derive actual and significant monetary benefits by and 5 through the Alter Ego Defendants’ unlawful conduct, and by using the Alter Ego 6 Defendants as the funding source for the Individual Defendants’ own personal 7 expenditures; 8 C. Plaintiff is informed and believes and thereon alleges that the Individual Defendants 9 and the Alter Ego Defendants, while really one and the same, were segregated to 10 appear as though separate and distinct for purposes of perpetrating a fraud, 11 circumventing a statute, or accomplishing some other wrongful or inequitable 12 purpose; 13 D. Plaintiff is informed and believes and thereon alleges that the business affairs of the 14 Individual Defendants and the Alter Ego Defendants are, and at all relevant times 15 mentioned herein were, so mixed and intermingled that the same cannot reasonably 16 be segregated, and the same are inextricable confusion. The Alter Ego Defendants 17 are, and at all relevant times mentioned herein were, used by the Individual 18 Defendants as mere shells and conduits for the conduct of certain of their, and each 19 of their affairs. The Alter Ego Defendants are, and at all relevant times mentioned 20 herein were, the alter egos of the Individual Defendants; 21 E. The recognition of the separate existence of the Individual Defendants and the Alter 22 Ego Defendants would promote injustice insofar that it would permit defendants to 23 insulate themselves from liability to Plaintiff for violations of the Civil Code, Labor 24 Code, and other statutory violations. The corporate existence of these defendants 25 should thus be disregarded in equity and for the ends of justice because such 26 disregard is necessary to avoid fraud and injustice to Plaintiff herein; 27 F. Accordingly, the Alter Ego Defendants constitute the alter ego of the Individual 28 Defendants (and vice versa), and the fiction of their separate corporate existence 5 CLASS ACTION COMPLAINT 1 must be disregarded; 2 12. As a result of the aforementioned facts, Plaintiff is informed and believes, and based 3 thereon alleges that Defendants, and each of them, are joint employers. 4 JURISDICTION 5 13. Jurisdiction exists in the Superior Court of the State of California pursuant to Code 6 of Civil Procedure section 410.10. 7 14. Venue is proper in San Mateo County, California pursuant to Code of Civil 8 Procedure sections 392, et seq. because, among other things, San Mateo County is where the causes 9 of action complained of herein arose; the county in which the employment relationship began; the 10 county in which performance of the employment contract, or part of it, between Plaintiff and 11 Defendants was due to be performed; the county in which the employment contract, or part of it, 12 between Plaintiff and Defendants was actually performed; and the county in which Defendants, or 13 some of them, reside. Moreover, the unlawful acts alleged herein have a direct effect on Plaintiff 14 and Class Members in San Mateo County, and because Defendants employ numerous Class 15 Members in San Mateo County. 16 15. Plaintiff also provided Defendants, and each of them, with notice under Labor Code 17 section 2810.3, subdivision (d) that Plaintiff would seek to hold them liable for each other’s wage 18 and hour violations under Labor Code section 2810.3 on February 20, 2024 by certified mail with 19 return receipt requested. 20 FACTUAL BACKGROUND 21 16. For at least four (4) years prior to the filing of this action and continuing to the 22 present, Defendants have, at times, failed to pay overtime wages to Plaintiff and Class Members, or 23 some of them, in violation of California state wage and hour laws as a result of, without limitation, 24 Plaintiff and Class Members working over eight (8) hours per day, forty (40) hours per week, and 25 seven consecutive work days in a work week without being properly compensated for hours worked 26 in excess of (8) hours per day in a work day, forty (40) hours per week in a work week, and/or hours 27 worked on the seventh consecutive work day in a work week by, among other things, failing to 28 accurately track and/or pay for all minutes actually worked at the proper overtime rate of pay; 6 CLASS ACTION COMPLAINT 1 engaging, suffering, or permitting employees to work off the clock, including, without limitation, 2 by requiring Plaintiff and Class Members: to come early to work and leave late work without being 3 able to clock in for all that time, to suffer under Defendants’ control due to long lines for clocking 4 in, to complete pre-shift tasks before clocking in and post-shift tasks after clocking out, to clock out 5 for meal periods and continue working, to clock out for rest periods, to don and doff uniforms and/or 6 safety equipment off the clock, to attend company meetings off the clock, to make phone calls off 7 the clock, to drive off the clock, and/or go through security screenings and/or temperature checks 8 off the clock; failing to include all forms of remuneration, including non-discretionary bonuses, 9 incentive pay, meal allowances, mask allowances, gift cards and other forms of remuneration into 10 the regular rate of pay for the pay periods where overtime was worked and the additional 11 compensation was earned for the purpose of calculating the overtime rate of pay; detrimental 12 rounding of employee time entries, editing and/or manipulation of time entries; and by attempting 13 but failing to properly implement an alternative workweek schedule (“AWS”) (including, without 14 limitation, by failing to implement a written agreement designating the regularly scheduled 15 alternative workweek in which the specified number of work days and work hours are regularly 16 recurring; failing to adopt the AWS in a secret ballot election, before the performance of work, by 17 at least a two-thirds (2/3) vote of the affected employees in the work unit; failing to follow the 18 notice/disclosures procedures prior to any AWS election; and/or failing to register an AWS election 19 with the State of California, as required by Labor Code section 511 and applicable Wage Orders; to 20 the detriment of Plaintiff and Class Members. 21 17. For at least four (4) years prior to the filing of this Action and continuing to the 22 present, Defendants have, at times, failed to pay minimum wages to Plaintiff and Class Members, 23 or some of them, in violation of California state wage and hour laws as a result of, among other 24 things, at times, failing to accurately track and/or pay for all hours actually worked at their regular 25 rate of pay that is above the minimum wage; engaging, suffering, or permitting employees to work 26 off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come early 27 to work and leave late work without being able to clock in for all that time, to suffer under 28 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in 7 CLASS ACTION COMPLAINT 1 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock 2 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend 3 company meetings off the clock, to make phone calls off the clock; to drive off the clock; detrimental 4 rounding of employee time entries; editing and/or manipulation of time entries to show less hours 5 than actually worked; failing to pay split shift premiums; and failing to pay reporting time pay; to 6 the detriment of Plaintiff and Class Members. 7 18. For at least four (4) years prior to the filing of this Action and continuing to the 8 present, Defendants have, at times, failed to provide Plaintiff and Class Members, or some of them, 9 full, timely thirty (30) minute uninterrupted meal period for days on which they worked more than 10 five (5) hours in a work day and a second thirty (30) minute uninterrupted meal period for days on 11 which they worked in excess of ten (10) hours in a work day, and failing to provide compensation 12 for such unprovided meal periods as required by California wage and hour laws. 13 19. For at least four (4) years prior to the filing of this action and continuing to the 14 present, Defendants have, at times, failed to authorize and permit Plaintiff and Class Members, or 15 some of them, to take rest periods of at least ten (10) minutes per four (4) hours worked or major 16 fraction thereof and failed to provide compensation for such unprovided rest periods as required by 17 California wage and hour laws. 18 20. For at least three (3) years prior to the filing of this action and continuing to the 19 present, Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the 20 full amount of their wages owed to them upon termination and/or resignation as required by Labor 21 Code sections 201 and 202, including for, without limitation, failing to pay overtime wages, 22 minimum wages, and premium wages. 23 21. For at least one (1) year prior to the filing of this Action and continuing to the present, 24 Defendants have, at times, failed to furnish Plaintiff and Class Members, or some of them, with 25 itemized wage statements that accurately reflect gross wages earned; total hours worked; net wages 26 earned; all applicable hourly rates in effect during the pay period and the corresponding number of 27 hours worked at each hourly rate; the name and address of the legal entity that is the employer; and 28 other such information as required by Labor Code section 226, subdivision (a). As a result thereof, 8 CLASS ACTION COMPLAINT 1 Defendants have further failed to furnish employees with an accurate calculation of gross and gross 2 wages earned, as well as gross and net wages paid. 3 22. For at least one (1) year prior to the filing of this action and continuing to the present, 4 Defendants have, at times, failed to pay Plaintiff and Class Members, or some of them, the full 5 amount of their wages for labor performed in a timely fashion as required under Labor Code section 6 204. 7 23. For at least three (3) years prior to the filing of this action and continuing to the 8 present, Defendants have, at times, failed to indemnify Class Members, or some of them, for the 9 costs incurred in mileage and/or gas costs incurred in driving personal vehicles for work-related 10 purposes; using cellular phones for work-related purposes; and purchasing tools necessary to 11 perform work duties. 12 24. For at least four (4) years prior to the filing of this action and continuing to the 13 present, Defendants have had a consistent policy of failing to provide Plaintiffs and similarly 14 situated employees or former employees within the State of California with the rights provided to 15 them under the Healthy Workplace Heathy Families Act of 2014, codified at Labor Code section 16 245, et seq. 17 25. Plaintiff, on their own behalf and on behalf of Class Members, brings this action 18 pursuant to, including but not limited to, Labor Code sections 200, 201, 202, 203, 204, 226, 226.7, 19 245, et seq., 510, 512, 558.1, 1194, 1194.2, 1197, 2802, and California Code of Regulations, Title 20 8, section 11040, seeking overtime wages, minimum wages, payment of premium wages for missed 21 meal and rest periods, failure to pay timely wages, waiting time penalties, wage statement penalties, 22 failure to indemnify work-related expenses, other such provisions of California law, and reasonable 23 attorneys’ fees and costs. 24 26. Plaintiff, on Plaintiff’s own behalf and on behalf of Class Members, pursuant to 25 Business and Professions Code sections 17200 through 17208, also seeks (an) injunction(s) 26 prohibiting Defendants from further violating the Labor Code and requiring the establishment of 27 appropriate and effective means to prevent further violations, as well as all monies owed but 28 withheld and retained by Defendants to which Plaintiff and Class Members are entitled, as well as 9 CLASS ACTION COMPLAINT 1 restitution of amounts owed. 2 CLASS ACTION ALLEGATIONS 3 27. Plaintiff brings this action on behalf of Plaintiff and Class Members as a class action 4 pursuant to Code of Civil Procedure section 382. Plaintiff seeks to represent a class of all current 5 and former non-exempt employees of Defendants within the State of California at any time 6 commencing four (4) years preceding the filing of Plaintiff’s complaint up until the time that notice 7 of the class action is provided to the class (collectively referred to as “Class Members”). 8 28. Plaintiff reserves the right under California Rule of Court rule 3.765, subdivision (b) 9 to amend or modify the class description with greater specificity, further divide the defined class 10 into subclasses, and to further specify or limit the issues for which certification is sought. 11 29. This action has been brought and may properly be maintained as a class action under 12 the provisions of Code of Civil Procedure section 382 because there is a well-defined community 13 of interest in the litigation and the proposed Class is easily ascertainable. 14 A. Numerosity 15 30. The potential Class Members as defined are so numerous that joinder of all the 16 members of the Class is impracticable. While the precise number of Class Members has not been 17 determined yet, Plaintiff is informed and believes that there are over seventy-five (75) Class 18 Members employed by Defendants within the State of California. 19 31. Accounting for employee turnover during the relevant periods necessarily increases 20 this number. Plaintiff alleges Defendants’ employment records would provide information as to the 21 number and location of all Class Members. Joinder of all members of the proposed Class is not 22 practicable. 23 B. Commonality 24 32. There are questions of law and fact common to Class Members. These common 25 questions include, but are not limited to: 26 A. Did Defendants violate Labor Code sections 510 and 1194 by failing to pay all hours 27 worked at a proper overtime rate of pay? 28 / / / 10 CLASS ACTION COMPLAINT 1 B. Did Defendants violate Labor Code sections 510, 1194 and 1197 by failing to pay 2 for all other time worked at the employee’s regular rate of pay and a rate of pay that 3 is greater than the applicable minimum wage? 4 C. Did Defendants violate Labor Code section 512 by not authorizing or permitting 5 Class Members to take compliant meal periods? 6 D. Did Defendants violate Labor Code section 226.7 by not providing Class Members 7 with additional wages for missed or interrupted meal periods? 8 E. Did Defendants violate applicable Wage Orders by not authorizing or permitting 9 Class Members to take compliant rest periods? 10 F. Did Defendants violate Labor Code section 226.7 by not providing Class Members 11 with additional wages for missed rest periods? 12 G. Did Defendants violate Labor Code sections 201 and 202 by failing to pay Class 13 Members upon termination or resignation all wages earned? 14 H. Are Defendants liable to Class Members for waiting time penalties under Labor Code 15 section 203? 16 I. Did Defendants violate Labor Code section 226, subdivision (a) by not furnishing 17 Class Members with accurate wage statements? 18 J. Did Defendants fail to pay Class Members in a timely fashion as required under 19 Labor Code section 204? 20 K. Did Defendants fail to indemnify Class Members for all necessary expenditures or 21 losses incurred in direct consequence of the discharge of their duties or by obedience 22 to the directions of Defendants as required under Labor Code section 2802? 23 L. Did Defendants violate the Unfair Competition Law, Business and Professions Code 24 section 17200, et seq., by their unlawful practices as alleged herein? 25 M. Are Class Members entitled to restitution of wages under Business and Professions 26 Code section 17203? 27 N. Are Class Members entitled to costs and attorneys’ fees? 28 O. Are Class Members entitled to interest? 11 CLASS ACTION COMPLAINT 1 C. Typicality 2 33. The claims of Plaintiff herein alleged are typical of those claims which could be 3 alleged by any Class Members, and the relief sought is typical of the relief which would be sought 4 by each Class Member in separate actions. Plaintiff and Class Members sustained injuries and 5 damages arising out of and caused by Defendants’ common course of conduct in violation of laws 6 and regulations that have the force and effect of law and statutes as alleged herein. 7 D. Adequacy of Representation 8 34. Plaintiff will fairly and adequately represent and protect the interest of Class 9 Members. Counsel who represents Plaintiff is competent and experienced in litigating wage and 10 hour class actions. 11 E. Superiority of Class Action 12 35. A class action is superior to other available means for the fair and efficient 13 adjudication of this controversy. Individual joinder of all Class Members is not practicable, and 14 questions of law and fact common to Class Members predominate over any questions affecting only 15 individual Class Members. Class Members, as further described therein, have been damaged and 16 are entitled to recovery by reason of Defendants’ policies and/or practices that have resulted in the 17 violation of the Labor Code at times, as set out herein. 18 36. Class action treatment will allow Class Members to litigate their claims in a manner 19 that is most efficient and economical for the parties and the judicial system. Plaintiff is unaware of 20 any difficulties that are likely to be encountered in the management of this action that would 21 preclude its maintenance as a class action. 22 FIRST CAUSE OF ACTION 23 (Failure to Pay Overtime Wages – Against All Defendants) 24 37. Plaintiff realleges and incorporates by reference all of the allegations contained in 25 the preceding paragraphs as though fully set forth hereat. 26 38. At all relevant times, Plaintiff and Class Members were employees or former 27 employees of Defendants covered by Labor Code sections 510, 1194 and 1199, as well as applicable 28 Wage Orders. 12 CLASS ACTION COMPLAINT 1 39. At all times relevant to this Complaint, Labor Code section 510 was in effect and 2 provided: “(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in 3 one workday and any work in excess of forty hours in any one workweek . . . shall be compensated 4 at the rate of no less than one and one-half times the regular rate of pay for an employee.” 5 40. At all times relevant to this Complaint, Labor Code section 510 further provided that 6 “[a]ny work in excess of 12 hours in one day shall be compensated at the rate of no less than twice 7 the regular rate of pay for an employee. In addition, any work in excess of eight hours on any 8 seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of 9 pay.” 10 41. Four (4) years prior to the filing of the Complaint in this Action through the present, 11 Plaintiff and Class Members, at times, worked for Defendants during shifts that consisted of more 12 than eight (8) hours in a workday and/or more than forty hours in a workweek, and/or seven (7) 13 consecutive workdays in a workweek, without being paid overtime wages for all hours worked as a 14 result of, including but not limited to, Defendants failing to accurately track and/or pay for all hours 15 actually worked at the proper overtime rate of pay; engaging, suffering, or permitting employees to 16 work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to come 17 early to work and leave late work without being able to clock in for all that time, to suffer under 18 Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before clocking in 19 and post-shift tasks after clocking out, to clock out for meal periods and continue working, to clock 20 out for rest periods, to don and doff uniforms and/or safety equipment off the clock, to attend 21 company meetings off the clock, to make phone calls off the clock, to drive off the clock, and/or go 22 through security screenings and/or temperature checks off the clock; failing to include all forms of 23 remuneration, including non-discretionary bonuses, incentive pay, meal allowances, mask 24 allowances, gift cards and other forms of remuneration into the regular rate of pay for the pay periods 25 where overtime was worked and the additional compensation was earned for the purpose of 26 calculating the overtime rate of pay; detrimental rounding of employee time entries, editing and/or 27 manipulation of time entries; and by attempting but failing to properly implement an alternative 28 workweek schedule (“AWS”) (including, without limitation, by failing to implement a written 13 CLASS ACTION COMPLAINT 1 agreement designating the regularly scheduled alternative workweek in which the specified number 2 of work days and work hours are regularly recurring; failing to adopt the AWS in a secret ballot 3 election, before the performance of work, by at least a two-thirds (2/3) vote of the affected 4 employees in the work unit; failing to follow the notice/disclosures procedures prior to any AWS 5 election; and/or failing to register an AWS election with the State of California, as required by Labor 6 Code section 511 and applicable Wage Orders; to the detriment of Plaintiff and Class Members. 7 42. Accordingly, by requiring Plaintiff and Class Members to, at times, work greater 8 than eight (8) hours per workday, forty (40) hours per workweek, and/or seven (7) straight workdays 9 without properly compensating overtime wages at the proper overtime rate of pay, Defendants, on 10 occasion, willfully violated the provisions of the Labor Code, among others, sections 510, 1194, and 11 applicable IWC Wage Orders, and California law. 12 43. As a result of the unlawful acts of Defendants, Plaintiff and Class Members have 13 been deprived of overtime wages in amounts to be determined at trial, and are entitled to recovery, 14 plus interest and penalties thereon, attorneys’ fees and costs, pursuant to Labor Code section 1194 15 and 1199, Code of Civil Procedure section 1021.5 and 1032, and Civil Code section 3287. 16 SECOND CAUSE OF ACTION 17 (Failure to Pay Minimum Wages – Against All Defendants) 18 44. Plaintiff realleges and incorporates by reference all of the allegations contained in 19 the preceding paragraphs as though fully set forth hereat. 20 45. At all relevant times, Plaintiff and Class Members were employees or former 21 employees of Defendants covered by Labor Code sections 1197, 1199 and applicable Wage Orders. 22 46. Pursuant to Labor Code section 1197 and applicable Wage Orders, Plaintiff and 23 Class Members were entitled to receive minimum wages for all hours worked or otherwise under 24 Defendants’ control. 25 47. For four (4) years prior to the filing of the Complaint in this Action through the 26 present, Defendants failed, at times, to accurately track and/or pay for all hours actually worked at 27 their regular rate of pay that is above the minimum wage; engaged, suffered, or permitted employees 28 to work off the clock, including, without limitation, by requiring Plaintiff and Class Members: to 14 CLASS ACTION COMPLAINT 1 come early to work and leave late work without being able to clock in for all that time, to suffer 2 under Defendants’ control due to long lines for clocking in, to complete pre-shift tasks before 3 clocking in and post-shift tasks after clocking out, to clock out for meal periods and continue 4 working, to clock out for rest periods, to don and doff uniforms and/or safety equipment off the 5 clock, to attend company meetings off the clock, to make phone calls off the clock; to drive off the 6 clock; detrimental rounding of employee time entries; editing and/or manipulation of time entries to 7 show less hours than actually worked; failing to pay split shift premiums; and failing to pay reporting 8 time pay; to the detriment of Plaintiff and Class Members. 9 48. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 10 suffered damages in an amount, subject to proof, to the extent they were not paid minimum wages 11 for all hours worked or otherwise due. 12 49. Pursuant to Labor Code sections 218.6, 1194, 1194.2, Code of Civil Procedure 13 sections 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to 14 recover the full amount of unpaid minimum wages, interest and penalties thereon, liquidated 15 damages, reasonable attorneys’ fees and costs of suit. 16 THIRD CAUSE OF ACTION 17 (Failure to Provide Meal Periods – Against All Defendants) 18 50. Plaintiff realleges and incorporates by reference all of the allegations contained in 19 the preceding paragraphs as though fully set forth hereat. 20 51. At all relevant times, Plaintiff and Class Members were employees or former 21 employees of Defendants covered by Labor Code section 512 and applicable Wage Orders. 22 52. Pursuant to Labor Code section 512 and applicable Wage Orders, no employer shall 23 employ an employee for a work period of more than five (5) hours without a timely meal break of 24 not less than thirty (30) minutes in which the employee is relieved of all of his or her duties. 25 Furthermore, no employer shall employ an employee for a work period of more than ten (10) hours 26 per day without providing the employee with a second timely meal period of not less than thirty (30) 27 minutes in which the employee is relieved of all of his or her duties. 28 / / / 15 CLASS ACTION COMPLAINT 1 53. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee 2 with a meal period as provided in the applicable Wage Order of the Industrial Welfare Commission, 3 the employer shall pay the employee one (1) additional hour of pay at the employee’s regular rate 4 of compensation for each workday that the meal period is not provided. 5 54. For four (4) years prior to the filing of the Complaint in this Action through the 6 present, Plaintiff and Class Members were, at times, not provided complete, timely 30-minute, duty- 7 free uninterrupted meal periods every five hours of work without waiving the right to take them, as 8 permitted. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the 9 Class Member’s regular rate of compensation on the occasions that Class Members were not 10 provided compliant meal periods. 11 55. By their failure to provide Plaintiff and Class Members compliant meal periods as 12 contemplated by Labor Code section 512, among other California authorities, and failing, at times, 13 to provide compensation for such unprovided meal periods, as alleged above, Defendants willfully 14 violated the provisions of Labor Code section 512 and applicable Wage Orders. 15 56. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 16 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay 17 owed for missed, untimely, interrupted, incomplete and/or on-duty meal periods. 18 57. Plaintiff and Class Members are entitled to recover the full amount of their unpaid 19 additional pay for unprovided compliant meal periods, in amounts to be determined at trial, plus 20 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7, 21 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287. 22 FOURTH CAUSE OF ACTION 23 (Failure to Provide Rest Periods – Against All Defendants) 24 58. Plaintiff realleges and incorporates by reference all of the allegations contained in 25 the preceding paragraphs as though fully set forth hereat. 26 59. At all relevant times, Plaintiff and Class Members were employees or former 27 employees of Defendants covered by applicable Wage Orders. 28 / / / 16 CLASS ACTION COMPLAINT 1 60. California law and applicable Wage Orders require that employers “authorize and 2 permit” employees to take ten (10) minute rest periods in about the middle of each four (4) hour 3 work period “or major fraction thereof.” Accordingly, employees who work shifts of three and-a- 4 half (3 ½) to six (6) hours must be provided ten (10) minutes of paid rest period, employees who 5 work shifts of more than six (6) and up to ten (10) hours must be provided with twenty (20) minutes 6 of paid rest period, and employees who work shifts of more than ten (10) hours must be provided 7 thirty (30) minutes of paid rest period. 8 61. Pursuant to Labor Code section 226.7, if an employer fails to provide an employee 9 with a meal period or rest period as provided in the applicable Wage Order of the Industrial Welfare 10 Commission, the employer shall pay the employee one (1) additional hour of pay at the employee’s 11 regular rate of compensation for each work day that the rest period is not provided. 12 62. For four (4) years prior to the filing of the Complaint in this Action through the 13 present, Plaintiff and Class Members were, at times, not authorized or permitted to take complete, 14 timely 10-minute, duty-free uninterrupted rest periods every four (4) hours of work or major fraction 15 thereof. Moreover, at times, Defendants failed to provide one (1) additional hour of pay at the Class 16 Member’s regular rate of compensation on the occasions that Class Members were not authorized 17 or permitted to take compliant rest periods. 18 63. By their failure, at times, to authorize and permit Plaintiff and Class Members to take 19 rest periods contemplated by California law, and one (1) additional hour of pay at the employee’s 20 regular rate of compensation for such unprovided rest periods, as alleged above, Defendants 21 willfully violated the provisions of Labor Code section 226.7 and applicable Wage Orders. 22 64. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 23 suffered damages in an amount, subject to proof, to the extent they were not paid additional pay 24 owed for rest periods that they were not authorized or permitted to take. 25 65. Plaintiff and Class Members are entitled to recover the full amount of their unpaid 26 additional pay for unprovided compliant rest periods, in amounts to be determined at trial, plus 27 interest and penalties thereon, attorneys’ fees, and costs, under Labor Code sections 226 and 226.7, 28 Code of Civil Procedure sections 1021.5 and 1032, and Civil Code section 3287. 17 CLASS ACTION COMPLAINT 1 FIFTH CAUSE OF ACTION 2 (Failure to Pay All Wages Due Upon Termination – Against All Defendants) 3 66. Plaintiff realleges and incorporates by reference all of the allegations contained in 4 the preceding paragraphs as though fully set forth hereat. 5 67. At all relevant times, Plaintiff and Class Members were employees or former 6 employees of Defendants covered by Labor Code sections 201, 202 and 203, as well as applicable 7 Wage Orders. 8 68. Pursuant to Labor Code sections 201 and 202, Plaintiff and Class Members were 9 entitled upon termination to timely payment of all wages earned and unpaid prior to termination. 10 Discharged Class Members were entitled to payment of all wages earned and unpaid prior to 11 discharge immediately upon termination. Class Members who resigned were entitled to payment 12 of all wages earned and unpaid prior to resignation within 72 hours after giving notice of resignation 13 or, if they gave 72 hours previous notice, they were entitled to payment of all wages earned and 14 unpaid at the time of resignation. 15 69. Plaintiff is informed and believes, and based thereon alleges, that in the three (3) 16 years before the filing of the Complaint in this Action through the present, Defendants, due to the 17 failure, at times, to provide overtime wages mentioned above, failed to pay Plaintiff and Class 18 Members all wages earned prior to resignation or termination in accordance with Labor Code 19 sections 201 or 202. 20 70. Plaintiff is informed and believes Defendants’ failure, at times, to pay Plaintiff and 21 Class Members all wages earned prior to termination or resignation in accordance with Labor Code 22 sections 201 and 202 was willful. Defendants had the ability to pay all wages earned by Plaintiff 23 and Class Members at the time of termination in accordance with Labor Code sections 201 and 202, 24 but intentionally adopted policies or practices incompatible with the requirements of Labor Code 25 sections 201 and 202 resulting in the failure, at times, to pay all wages earned prior to termination 26 or resignation. 27 71. Pursuant to Labor Code section 203, Plaintiff and Class Members are entitled to 28 waiting time penalties from the date their earned and unpaid wages were due, upon termination or 18 CLASS ACTION COMPLAINT 1 resignation, until paid, up to a maximum of thirty (30) days. 2 72. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 3 suffered damages in an amount subject to proof, to the extent they were not paid for all wages earned 4 prior to termination or resignation. 5 73. Pursuant to Labor Code section 203 and 218.6, Code of Civil Procedure sections 6 1021.5 and 1032, and Civil Code section 3287, Plaintiff and Class Members are entitled to recover 7 waiting time penalties, interest, and their costs of suit, as well. 8 SIXTH CAUSE OF ACTION 9 (Failure to Provide Accurate Wage Statements – Against All Defendants) 10 74. Plaintiff realleges and incorporates by reference all of the allegations contained in 11 the preceding paragraphs as though fully set forth hereat. 12 75. At all relevant times, Plaintiff and Class Members were employees or former 13 employees of Defendants covered by Labor Code section 226, as well as applicable Wage Orders. 14 76. Pursuant to Labor Code section 226, subdivision (a), Plaintiff and Class Members 15 were entitled to receive, semi-monthly or at the time of each payment of wages, an accurate itemized 16 statement that accurately reflects, among other things, gross wages earned; total hours worked; net 17 wages earned; all applicable hourly rates in effect during the pay period and the corresponding 18 number of hours worked at each hourly rate; and the name and address of the legal entity that is the 19 employer, among other things. 20 77. Plaintiff is informed and believes, and based thereon alleges, that in the one (1) year 21 before the filing of the Complaint in this Action through the present, Defendants failed to comply 22 with Labor Code section 226, subdivision (a) by adopting policies and practices that resulted in their 23 failure, at times, to furnish Plaintiff and Class Members with accurate itemized statements that 24 accurately reflect, among other things, gross wages earned; total hours worked; net wages earned; 25 all applicable hourly rates in effect during the pay period and the corresponding number of hours 26 worked at each hourly rate; and the name and address of the legal entity that is the employer, among 27 other things. 28 / / / 19 CLASS ACTION COMPLAINT 1 78. Defendants’ failure to, at times, provide Plaintiff and Class Members with accurate 2 wage statements was knowing, intentional, and willful. Defendants had the ability to provide 3 Plaintiff and the other Class Members with accurate wage statements, but, at times, willfully 4 provided wage statements that Defendants knew were not accurate. 5 79. As a result of Defendants’ unlawful conduct, Plaintiff and Class Members have 6 suffered injury. The absence of accurate information on Class Members’ wage statements at times 7 has delayed timely challenge to Defendants’ unlawful pay practices; requires discovery and 8 mathematical computations to determine the amount of wages owed; causes difficulty and expense 9 in attempting to reconstruct time and pay records; and led to submission of inaccurate information 10 about wages and amounts deducted from wages to state and federal governmental agencies, among 11 other things. 12 80. Pursuant to Labor Code section 226, subdivision (e), Plaintiff and Class Members 13 are entitled to recover $50 for the initial pay period during the period in which violation of Labor 14 Code section 226 occurred and $100 for each violation of Labor Code section 226 in a subsequent 15 pay period, not to exceed an aggregate $4,000.00 per employee. 16 81. Pursuant to Labor Code sections 226, subdivisions (e) and (g), Code of Civil 17 Procedure section 103