California Labor Code Violations Lawsuit Brought Against Ulta

A California woman is seeking class certification in a California labor code violations lawsuit she has filed against her former employer, a well-known retail cosmetics chain.

Lead plaintiff Julie Z. has worked for Ulta Salon, Cosmetics and Fragrance, Inc. since December 2016. She believes her employer has committed California labor code violations.

The Class she seeks to certify includes employees who worked for Ulta from November 2013 until the present. Subclasses of the proposed class include those who received itemized wage statements from Ulta, those who were paid double-time or overtime wages, and those who received both overtime pay and non-discretionary funds in the same pay period.

Among the allegations of California labor code violations by Ulta are that they failed to provide accurate itemized wage statements, that they failed to pay overtime based on the correct regular rate, that they failed to timely pay wages to separated employees, and that they engaged in unfair business practices.

Julie Z. alleges that when she worked overtime for Ulta, her overtime rate should have been higher based on the “correct calculation of the regular rate of pay when taking into account all non-discretionary remuneration, including tips and commissions.”

Essentially, she believes that she and other members of her class did not receive all the overtime pay that they should have received and because of this, have been the victims of California labor code violations.

California labor code requires the employer to “accurately identify all applicable hourly rates and hours worked in effect during the pay period.” The plaintiff alleges, however, that hers and others wage statements did not comply with this requriement.

For example, this California labor code violations lawsuit alleges that the double-time pay rate on her wage statement was $10.50 per hour, but it should have been $21.00. This lawsuit states that this is an “undisputed violation” of California labor code.

Also, she says her wage statements erroneously identified the overtime hourly rates in pay periods in which she earned additional non-discretionary remuneration and worked overtime. She claims her wage statements were incorrectly logging overtime hours when she was just working extra hours at a non-overtime rate.

Additionally, Julie Z. put in her two-week notice to end her employment at Ulta on Oct. 12, 2017. She intended to work through Oct. 27, 2017. However, she claims Ulta refused to let her work until then and instead only allowed her to work until Oct. 24, 2017. The plaintiff argues Ulta did not pay her her final owed wages until Oct. 27, 2017 — allegedly in violation of California’s labor code.

Her proposed class action California labor code violations lawsuit brings forth claims that Ulta committed California labor code violations by failing to provide accurate itemized wage statements and failing to compensate its employees proper overtime wages for overtime hours worked. The complaint raises other claims related to the timely payment of final wages and engaging in unlawful business practices.

This California Labor Code Violations Lawsuit is Case No. 8:17-cv-02184 in the Superior Court of the State of California for the County of Orange.

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