Four former nail salon employees have filed a California labor violations lawsuit, alleging they did not receive either minimum wage or overtime compensation.
According to the California labor violations lawsuit, the plaintiffs worked long hours at Tustin Nail Spa in Orange County, but did not receive the meal and rest breaks required by labor code.
The plaintiffs claim that they were compensated according to a commission system, receiving around 60 percent of their customers’ payments, regardless of how many hours they worked.
However, a variety of extra payments were deducted from their commission amount. For instance, the use of business supplies like spa chairs was routinely deducted, as well as customer discounts, states the former employees’ California labor violations lawsuit.
One of the plaintiffs involved in the California labor violations lawsuit, who had worked at the spa for almost a decade, noted that they were “quietly suffering” due to these labor violations.
But despite how these violations affected them, they did not fight back for years. This is not unusual for employees, who may be afraid of losing their jobs entirely if they bring up the issue.
This all changed when the spa was investigated by the State Labor commissioner over labor law violations back in 2013, resulting in $28,000 in citations.
Tustin Nail Spa has been owned by several different people in the time that these plaintiffs worked there, and the California labor violations lawsuit currently seeks damages from three different sets of salon owners. A fourth set of owners, who currently own the salon, may later be included in the lawsuit.
Three of the four plaintiffs were allegedly terminated without any reason given, the California labor violations lawsuit claims.
Filing a California Labor Violations Lawsuit
For employees and former employees of companies who believe they have been paid unfair overtime wages, there are federal and state laws put in place. These laws are set to ensure the fair treatment of workers.
Some workers may be unaware of the Fair Labor Standards Act (FLSA) rules put in place to protect them and their rights as workers.
Others, however, may deliberately choose not to pursue litigation or complaints, afraid that their employers will retaliate against them if they speak up about FLSA violations in the workplace like unpaid overtime wages.
However, FLSA rules that protect workers’ rights also protect workers from any retaliation by their employers based on wage and hour complaints.
If you have worked for an employer that has failed to follow the Fair Labor Standards Act or the state labor laws of California, including unpaid overtime wages, you may be able to either join a wage and hour class action lawsuit or file a lawsuit individually.
The California Labor Violations Lawsuit is Case No. 30-2015-00770823-CU-OE-CXC in the Superior Court of California, County of Orange, Central Justice Center.
Join a Free California Wage & Hour Class Action Lawsuit Investigation
If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.
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