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Edward J. Wynne (SBN 165819)
George Nemiroff (SBN 262058)
gnemiroff@wynnelawfirm.com
WYNNE LAW FIRM
Larkspur, CA 94939
Telephone (415) 461-6400
Facsimile (415) 461-3900
Bryan J. McCormack (SBN 192418)
bryan@mcelawfirm.com
MCCORMACK
Telephone (415) 296-8420
Facsimile (415) 296-8552
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
TELEPHONE: (415) 296-8420
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL - UNLIMITED JURISDICTION
behalf of other members of the general
public similarly situated, OMPLAINT
Plaintiff, [CLASS ACTION]
3. Labor Code § 203 (Waiting Time Penalties)
Defendants.
OMPLAINT FOR AMAGES
Plaintiff Thompson Ly (hereinaf imself and all others similarly
1. This is a class action, under California Code of Civil Procedure § 382, seeking
damages, restitution, declaratory relief, equitable relief, penalties, and reasonable attorneys’ fees and
costs, on behalf of Plaintiff and all other individuals who are or have been employed as Sales
Development Representatives, Corporate Account Managers, or the functional equivalent for
defendant Sage Intacct, Inc. (hereafter “Defendant”), in California during the four years prior to the
filing of this action. Plaintiff brings this complaint on behalf of similarly situated employees who
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
were (a) not paid overtime compensation and other wages; and (b) not timely and properly paid all
e of separation.
2. The “Class Period” is designated as the period from four years prior to the filing of
TELEPHONE: (415) 296-8420
this Complaint through the time the Court certifies this case as a class action. The violations of
California’s wage and hour laws, as described more fully below, have been ongoing for at least four
years prior to the filing of this action, are continuing at present, and will continue unless and until
JURISDICTION AND VENUE
3. This Court has jurisdiction over the claims brought under the California Labor Code
and California’s Unfair Competition Law, Business & Professions et seq
4. Venue is proper in this Court pursuant to Code of Civil Procedure § 395.5. Defendant
conducts business within this judicial district and the harms complained of herein occurred within
this judicial district.
5. The class consists of less than 100 members and all of the parties and class members
are California citizens.
PARTIES
6. During the Class Period, Plaintiff was employed by Defendant as a Sales
Development Representative in S
7. Plaintiff brings this action as a California-only Class on behalf of all of Defendant’s
OMPLAINT FOR AMAGES
employees with the job titles of Sales Development Representatives (also known as Inbound Sales
Representatives and Outbound Sales Representatives) and Corporate Account Managers, or the
functional equivalent, employed within the State of California during the last four years through the
time this case is certified as a class, alleging that they have been denied overtime compensation and
8. Plaintiff also brings this action as a California-only Waiting Time Penalties Sub-
Class on behalf of all formerly employed California-based employees during the last four years
through the time this case is certified as a class who were not timely and properly paid their final
wages at time of termination in vi
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
9. Plaintiff is informed and believes, and on that basis alleges, that defendant Sage
Intacct, Inc., formerly known as Intacct Corporation, is a business entity registered in the State of
Delaware, with its principal place of business in the City of San Jose, County of Santa Clara, State
TELEPHONE: (415) 296-8420
of California. During the Class Period, Defendant was and is a provider of cloud based financial
10. The true names and capacities of persons or entities, whether individual, corporate,
associate, or otherwise, sued herein as DOES 1 through 10, inclusive, are currently unknown to
Plaintiff, who therefore sues Defendant by such fictitious names under Code of Civil Procedure §
474. Plaintiff is informed and believes, and based thereon alleges, that each of the Defendants
designated herein as a DOE is legally responsible in some manner for the unlawful acts referred to
herein. Plaintiff will seek leave of court to amend this Complaint to reflect the true names and
n such identities become known.
11. All of Plaintiff’s claims stated herein are asserted against Defendant and any of its
owners, predecessors, successors, subsidiaries, and/or assigns.
FACTUAL ALLEGATIONS
In or about October 2016, Defendant hired Plaintiff as an Inbound Sales
Development Representative, also known as a Sales Development Representative. Defendant paid
Plaintiff a base salary, plus variable commissions. Plaintiff’s duties included calling on potential
customers and qualifying marketing-generated leads, discussing Defendant’s cloud accounting and
OMPLAINT FOR AMAGES
ERP software with potential customers, generating new business opportunities, and selling cloud
accounting and ERP software to small to mid-size businesses.
Plaintiff’s employment wit
Plaintiff and all members of the class identified herein were regularly scheduled as a
matter of uniform company policy to work, and in fact worked, as salaried inside sales employees in
excess of eight hours per workday and/or in excess of forty hours per workweek without receiving
straight time or overtime compensation for such overtime hours worked in violation of California
Labor Code §§ 510, 1194 and California Industrial Welfare Commission Wage Order 4-2001.
Defendant has failed to meet the requirements for establishing the exemption because all class
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
members (a) regularly spent more than 50% of their time performing nonexempt work, (b) did not
customarily and regularly exercise discretion and independent judgment on matters of significance,
(c) did not have the authority to hire or fire or make meaningful recommendations regarding same,
TELEPHONE: (415) 296-8420
(d) did not customarily and regularly supervise at least two employees or the equivalent, (e) did not
perform work directly related to the management policies or the general business operations of
Defendant or Defendant’s customers, (f) did perform nonexempt production and/or sales work a
majority of their time (i.e., in excess of 50%) consistent with Defendant’s realistic expectations, (g)
did not customarily and regularly spend more than 50% of their time away from the Defendant’s
places of business selling or obtaining orders or contracts, and (h) did not earn more than 50% of
their compensation in a bona fide commission plan. Thus, Plaintiff and the class members were not
exempt from the overtime requireme se reasons.
CLASS ALLEGATIONS
Plaintiff brings this action, on behalf of himself and all others similarly situated, as a
class action pursuant to Code of Civil Procedure § 382. The cla
to represent is compose
All persons who are or have been employed, at any time from four years prior to the
filing of this Complaint through the date of the Court’s granting of class certification
in this matter, by Defendant under the job title Sales Development Manager,
Corporate Account Manager or the
OMPLAINT FOR AMAGES
following Waiting Time Penalty su
All persons who have been employed and separated from employment (either by
involuntary termination or resignation), at any time from four years prior to the filing
of the Complaint through the date of the Court’s granting of class certification in this
matter, by Defendant in California under the job title Sales Development Manager,
not timely receive all of their wages at time of separation.
The members of the classes are so numerous that joinder of all members is
impracticable. The exact number of the members of the classes can be determined by reviewing
Plaintiff will fairly and adequately protect the interests of the Class and has retained
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
counsel that is experienced and competent in class action and employment litigation. Plaintiff has
o, or in conflict with, members
A class action suit, such as the instant one, is superior to other available means for
TELEPHONE: (415) 296-8420
fair and efficient adjudication of this lawsuit. The damages suffered by individual members of the
Class may be relatively small when compared to the expense and burden of litigation, making it
virtually impossible for members of the Class to individually seek redress for the wrongs done to
them.
A class action is, therefore, superior to other available methods for the fair and
efficient adjudication of the controversy. Absent these actions, the members of the Class likely will
not obtain redress of their injuries and Defendant will retain the proceeds of its violations of
California law.
Even if any member of the Class could afford individual litigation against Defendant,
it would be unduly burdensome to the judicial system. Concentrating this litigation in one forum
will promote judicial economy and parity among the claims of individual members of the Class and
(Claim on behalf of the class)
Plaintiff incorporates the allegations contained in the previous paragraphs of this
OMPLAINT FOR AMAGES
Complaint as if fully set forth herein.
California Labor Code § 510 states that an employee must be paid overtime, equal to
1.5 times the employee’s regular rate of pay, for all hours worked in excess of 40 per week and/or 8
Class members regularly worked more than 40 hours per week and 8 hours per day,
but were not paid overtime compensation. Class members were not exempt from the overtime
requirements of California law.
By their failure to pay wages for all hours worked, as alleged above, Defendant has
violated and continues to violate the above noted provisions of the California Labor Code and the
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
applicable IWC Wage Order. As a result of Defendant’s unlawful acts, Plaintiff and other Class
members have been deprived of wages at the overtime rate, the regular rate and the minimum wage
TELEPHONE: (415) 296-8420
Due to Defendant’s failure to pay the minimum wage for all hours worked, Plaintiff
and the other class members are entitled to liquidated damages, in an amount equal to the unpaid
minimum wages, pursuant to Labor Code § 1194.2.
Plaintiff and the California Class members seek their unpaid minimum wages,
overtime compensation, and other wages, including interest thereon and reasonable attorneys’ fees
SECOND CAUSE OF ACTION
(Claim on behalf of the class)
Plaintiff incorporates the allegations contained in the previous paragraphs of this
Complaint as if fully set forth herein.
Defendant has committed an act of unfair competition under California Business &
Professions Code § 17200 et seq. by not paying the required state law overtime pay and minimum
wages to the members of the class for all hours worked.
Pursuant to Bus. & Prof. Code § 17203, Plaintiff requests an order requiring
Defendant to make restitution of all overtime and minimum wages
OMPLAINT FOR AMAGES
(Claim on behalf of the waiting time penalty subclass)
Plaintiff incorporates the allegations contained in the previous paragraphs of this
Complaint as if fully set forth herein.
Plaintiff was discharged by Defendant or voluntarily quit, and did not have a written
contract for employment. Defendant, in violation of California Labor Code §§ 201 and 202 et seq
had a consistent and uniform policy, practice and procedure of willfully failing to pay the earned and
unpaid wages of all such former employees. Defendant has willfully failed to pay the earned and
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
unpaid wages of such individuals, including, but not limited to, straight time and overtime
compensation according to proof. Plaintiff did not secret or absent himself from Defendant nor
refuse to accept the earned and unpaid wages from Defendant. Accordingly, Defendant is liable for
TELEPHONE: (415) 296-8420
waiting time penalties for the
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, on his own behalf and on behalf of the members of all classes,
prays for judgment as follows:
1. For an order certifying the claims brought under California law and for an order
directing notice be send to all members of the California Class
3. For damages, restitution, pe
4. For prejudgment interest.
Dated: September 6, 2018 WYNNE LAW FIRM
Edward J. Wynne
Larkspur, CA 94939
Telephone (415) 461-6400
Facsimile (415) 461-3900
Co-Counsel for Plaintiff and the Putative Classes
OMPLAINT FOR AMAGES
150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
TELEPHONE: (415) 296-8420
Bryan J. McCormac
Facsimile: (415) 296-8552
OMPLAINT FOR
AMAGES
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Edward J. Wynne (SBN 165819) George Nemiroff (SBN 262058) gnemiroff@wynnelawfirm.com WYNNE LAW FIRM Larkspur, CA 94939 Telephone (415) 461-6400 Facsimile (415) 461-3900 Bryan J. McCormack (SBN 192418) bryan@mcelawfirm.com MCCORMACK Telephone (415) 296-8420 Facsimile (415) 296-8552 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 TELEPHONE: (415) 296-8420 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL - UNLIMITED JURISDICTION behalf of other members of the general public similarly situated, OMPLAINT Plaintiff, [CLASS ACTION] 3. Labor Code § 203 (Waiting Time Penalties) Defendants. OMPLAINT FOR AMAGES Plaintiff Thompson Ly (hereinaf imself and all others similarly 1. This is a class action, under California Code of Civil Procedure § 382, seeking damages, restitution, declaratory relief, equitable relief, penalties, and reasonable attorneys’ fees and costs, on behalf of Plaintiff and all other individuals who are or have been employed as Sales Development Representatives, Corporate Account Managers, or the functional equivalent for defendant Sage Intacct, Inc. (hereafter “Defendant”), in California during the four years prior to the filing of this action. Plaintiff brings this complaint on behalf of similarly situated employees who 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 were (a) not paid overtime compensation and other wages; and (b) not timely and properly paid all e of separation. 2. The “Class Period” is designated as the period from four years prior to the filing of TELEPHONE: (415) 296-8420 this Complaint through the time the Court certifies this case as a class action. The violations of California’s wage and hour laws, as described more fully below, have been ongoing for at least four years prior to the filing of this action, are continuing at present, and will continue unless and until JURISDICTION AND VENUE 3. This Court has jurisdiction over the claims brought under the California Labor Code and California’s Unfair Competition Law, Business & Professions et seq 4. Venue is proper in this Court pursuant to Code of Civil Procedure § 395.5. Defendant conducts business within this judicial district and the harms complained of herein occurred within this judicial district. 5. The class consists of less than 100 members and all of the parties and class members are California citizens. PARTIES 6. During the Class Period, Plaintiff was employed by Defendant as a Sales Development Representative in S 7. Plaintiff brings this action as a California-only Class on behalf of all of Defendant’s OMPLAINT FOR AMAGES employees with the job titles of Sales Development Representatives (also known as Inbound Sales Representatives and Outbound Sales Representatives) and Corporate Account Managers, or the functional equivalent, employed within the State of California during the last four years through the time this case is certified as a class, alleging that they have been denied overtime compensation and 8. Plaintiff also brings this action as a California-only Waiting Time Penalties Sub- Class on behalf of all formerly employed California-based employees during the last four years through the time this case is certified as a class who were not timely and properly paid their final wages at time of termination in vi 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 9. Plaintiff is informed and believes, and on that basis alleges, that defendant Sage Intacct, Inc., formerly known as Intacct Corporation, is a business entity registered in the State of Delaware, with its principal place of business in the City of San Jose, County of Santa Clara, State TELEPHONE: (415) 296-8420 of California. During the Class Period, Defendant was and is a provider of cloud based financial 10. The true names and capacities of persons or entities, whether individual, corporate, associate, or otherwise, sued herein as DOES 1 through 10, inclusive, are currently unknown to Plaintiff, who therefore sues Defendant by such fictitious names under Code of Civil Procedure § 474. Plaintiff is informed and believes, and based thereon alleges, that each of the Defendants designated herein as a DOE is legally responsible in some manner for the unlawful acts referred to herein. Plaintiff will seek leave of court to amend this Complaint to reflect the true names and n such identities become known. 11. All of Plaintiff’s claims stated herein are asserted against Defendant and any of its owners, predecessors, successors, subsidiaries, and/or assigns. FACTUAL ALLEGATIONS In or about October 2016, Defendant hired Plaintiff as an Inbound Sales Development Representative, also known as a Sales Development Representative. Defendant paid Plaintiff a base salary, plus variable commissions. Plaintiff’s duties included calling on potential customers and qualifying marketing-generated leads, discussing Defendant’s cloud accounting and OMPLAINT FOR AMAGES ERP software with potential customers, generating new business opportunities, and selling cloud accounting and ERP software to small to mid-size businesses. Plaintiff’s employment wit Plaintiff and all members of the class identified herein were regularly scheduled as a matter of uniform company policy to work, and in fact worked, as salaried inside sales employees in excess of eight hours per workday and/or in excess of forty hours per workweek without receiving straight time or overtime compensation for such overtime hours worked in violation of California Labor Code §§ 510, 1194 and California Industrial Welfare Commission Wage Order 4-2001. Defendant has failed to meet the requirements for establishing the exemption because all class 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 members (a) regularly spent more than 50% of their time performing nonexempt work, (b) did not customarily and regularly exercise discretion and independent judgment on matters of significance, (c) did not have the authority to hire or fire or make meaningful recommendations regarding same, TELEPHONE: (415) 296-8420 (d) did not customarily and regularly supervise at least two employees or the equivalent, (e) did not perform work directly related to the management policies or the general business operations of Defendant or Defendant’s customers, (f) did perform nonexempt production and/or sales work a majority of their time (i.e., in excess of 50%) consistent with Defendant’s realistic expectations, (g) did not customarily and regularly spend more than 50% of their time away from the Defendant’s places of business selling or obtaining orders or contracts, and (h) did not earn more than 50% of their compensation in a bona fide commission plan. Thus, Plaintiff and the class members were not exempt from the overtime requireme se reasons. CLASS ALLEGATIONS Plaintiff brings this action, on behalf of himself and all others similarly situated, as a class action pursuant to Code of Civil Procedure § 382. The cla to represent is compose All persons who are or have been employed, at any time from four years prior to the filing of this Complaint through the date of the Court’s granting of class certification in this matter, by Defendant under the job title Sales Development Manager, Corporate Account Manager or the OMPLAINT FOR AMAGES following Waiting Time Penalty su All persons who have been employed and separated from employment (either by involuntary termination or resignation), at any time from four years prior to the filing of the Complaint through the date of the Court’s granting of class certification in this matter, by Defendant in California under the job title Sales Development Manager, not timely receive all of their wages at time of separation. The members of the classes are so numerous that joinder of all members is impracticable. The exact number of the members of the classes can be determined by reviewing Plaintiff will fairly and adequately protect the interests of the Class and has retained 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 counsel that is experienced and competent in class action and employment litigation. Plaintiff has o, or in conflict with, members A class action suit, such as the instant one, is superior to other available means for TELEPHONE: (415) 296-8420 fair and efficient adjudication of this lawsuit. The damages suffered by individual members of the Class may be relatively small when compared to the expense and burden of litigation, making it virtually impossible for members of the Class to individually seek redress for the wrongs done to them. A class action is, therefore, superior to other available methods for the fair and efficient adjudication of the controversy. Absent these actions, the members of the Class likely will not obtain redress of their injuries and Defendant will retain the proceeds of its violations of California law. Even if any member of the Class could afford individual litigation against Defendant, it would be unduly burdensome to the judicial system. Concentrating this litigation in one forum will promote judicial economy and parity among the claims of individual members of the Class and (Claim on behalf of the class) Plaintiff incorporates the allegations contained in the previous paragraphs of this OMPLAINT FOR AMAGES Complaint as if fully set forth herein. California Labor Code § 510 states that an employee must be paid overtime, equal to 1.5 times the employee’s regular rate of pay, for all hours worked in excess of 40 per week and/or 8 Class members regularly worked more than 40 hours per week and 8 hours per day, but were not paid overtime compensation. Class members were not exempt from the overtime requirements of California law. By their failure to pay wages for all hours worked, as alleged above, Defendant has violated and continues to violate the above noted provisions of the California Labor Code and the 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 applicable IWC Wage Order. As a result of Defendant’s unlawful acts, Plaintiff and other Class members have been deprived of wages at the overtime rate, the regular rate and the minimum wage TELEPHONE: (415) 296-8420 Due to Defendant’s failure to pay the minimum wage for all hours worked, Plaintiff and the other class members are entitled to liquidated damages, in an amount equal to the unpaid minimum wages, pursuant to Labor Code § 1194.2. Plaintiff and the California Class members seek their unpaid minimum wages, overtime compensation, and other wages, including interest thereon and reasonable attorneys’ fees SECOND CAUSE OF ACTION (Claim on behalf of the class) Plaintiff incorporates the allegations contained in the previous paragraphs of this Complaint as if fully set forth herein. Defendant has committed an act of unfair competition under California Business & Professions Code § 17200 et seq. by not paying the required state law overtime pay and minimum wages to the members of the class for all hours worked. Pursuant to Bus. & Prof. Code § 17203, Plaintiff requests an order requiring Defendant to make restitution of all overtime and minimum wages OMPLAINT FOR AMAGES (Claim on behalf of the waiting time penalty subclass) Plaintiff incorporates the allegations contained in the previous paragraphs of this Complaint as if fully set forth herein. Plaintiff was discharged by Defendant or voluntarily quit, and did not have a written contract for employment. Defendant, in violation of California Labor Code §§ 201 and 202 et seq had a consistent and uniform policy, practice and procedure of willfully failing to pay the earned and unpaid wages of all such former employees. Defendant has willfully failed to pay the earned and 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 unpaid wages of such individuals, including, but not limited to, straight time and overtime compensation according to proof. Plaintiff did not secret or absent himself from Defendant nor refuse to accept the earned and unpaid wages from Defendant. Accordingly, Defendant is liable for TELEPHONE: (415) 296-8420 waiting time penalties for the PRAYER FOR RELIEF WHEREFORE, Plaintiff, on his own behalf and on behalf of the members of all classes, prays for judgment as follows: 1. For an order certifying the claims brought under California law and for an order directing notice be send to all members of the California Class 3. For damages, restitution, pe 4. For prejudgment interest. Dated: September 6, 2018 WYNNE LAW FIRM Edward J. Wynne Larkspur, CA 94939 Telephone (415) 461-6400 Facsimile (415) 461-3900 Co-Counsel for Plaintiff and the Putative Classes OMPLAINT FOR AMAGES 150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108 TELEPHONE: (415) 296-8420 Bryan J. McCormac Facsimile: (415) 296-8552 OMPLAINT FOR AMAGES