Judge Denies Cert. for Goodwill Unpaid Overtime Lawsuit

A California federal judge refused to grant Class certification to a unpaid overtime class action lawsuit against Goodwill Industries on Nov. 7, ruling the plaintiffs failed to prove that all potential Class Members performed the same duties while on the job.

The Goodwill wage and hour class action lawsuit alleges the popular second-hand retail store in Southern California misclassified the store managers as overtime-exempt, stiffing hundreds of employees from full and proper compensation.

Plaintiffs Kimberly Alvarado and Rick Fairman, both store managers for Goodwill, filed this unpaid overtime class action lawsuit in September 2013, alleging the retailer withheld full pay from about 250 managers from 79 different California Goodwill locations by refusing to pay these managers overtime pay for hours worked.

Alvarado and Fairman also allege Goodwill neglected to provide these employees with meal breaks and rest periods even though the plaintiffs and the potential Class Members spent most of their work hours on customer service and clerical duties, not solely managerial responsibilities.

However, Superior Court Judge Amy D. Hogue said in her ruling to deny Class certification for the unpaid overtime class action lawsuit that she did not find the plaintiffs had provided sufficient evidence for her to determine that the potential Class Members shared enough of the same job duties across the California Goodwill locations.

Because Alvarado and Fairman could not provide evidence on what duties Goodwill managers performed beyond their own testimonies, Judge Hogue said she could not certify the unpaid overtime Class.

The Goodwill Unpaid Overtime Class Action Lawsuit is Kimberly Alvarado, et al. v. Goodwill Industries of Southern California, et al., Case No. BC520313, in the Superior Court of the State of California for the County of Los Angeles.

Federal Labor Standards and California Labor Laws on Unpaid Overtime

The Federal Labor Standards Act (or FLSA) are federal laws that protect employees’ wage and hour rights to ensure workers receive fair wages and are fully compensated for all hours worked. They also protect workers from unsafe work environments and potential exploitation or abuse from employers.

The federal law states that “unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.”

California labor laws go one step further and mandate that an employee is paid double their hourly wage for every hour worked beyond a 52-hour work week.

Goodwill is not the only business facing an unpaid overtime class action lawsuit for alleged labor code violations for refusing meal and rest breaks, unfair wages, or unpaid overtime violations. Within the last couple of years, many California employees have filed unpaid overtime lawsuits and/or wage and hour class action lawsuits against employers who allegedly violated federal and state labor laws.

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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