By Heba Elsherif  |  January 29, 2018

Category: Labor & Employment

labor lawAn employee of CoreLogic, Inc., has filed a California labor code violations class action lawsuit on behalf of herself and proposed Class Members against CoreLogic, the providers of consumer, financial and property information.

Plaintiff Harriett M. a resident of Los Angeles, has filed this California labor code violations lawsuit in California federal court on Dec. 29, 2017.

According to the California labor code violations lawsuit, Harriett says that she began working for the company as an appraiser in October 2015.

Harriett alleges that CoreLogic violated federal law by failing to pay her overtime compensation.

According to the California labor code violations lawsuit, appraisers are paid a base hourly rate of pay and receive “nondiscretionary incentive bonuses.” Overtime pay is defined as being double the base hourly rate.

Beginning Oct. 1, 2016, CoreLogic began using an “Efficiency” variable that, allegedly, reduced appraisers’ regular rate of pay, the California labor code violations lawsuit states. CoreLogic also began calculating appraisers’ bonuses using a formula where the eligible billings, the total amount billed to CoreLogic by an appraiser for jobs completed is multiplied by an “Efficiency Tier,” a “percentage/quotient-constant” determined by an appraisers’ tier.

According to the California labor code violations lawsuit, “Defendant’s incentive pay scheme diminishes Appraisers’ bonuses by a factor derived from the number of overtime hours an Appraiser works, and thus, diminishes the regular rate of pay, all of which is required for the computation of overtime.”

FLSA Class Action Lawsuits

Workers who believe they have been wrongly compensated for overtime, have been required to work off-the-clock or have been inappropriately given minimum wage, can seek compensation for federal and state labor law violations.

By filing a class action lawsuit, workers, such as Harriett and the proposed Class Members, can come together and pursue damages for such violations in a single court action.

According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and Local governments.”

According to the FLSA, the established and set federal minimum wage is $7.25 per hour. Many states and localities set a higher local minimum wage. Additionally, the Act establishes overtime pay for workers working more than 40 hours per week at a time and a half.

Adding to federal labor wage and hour laws are also state laws that further establish wage and hour regulations. For example, workers in the state of California are paid overtime not only if they are working more than 40 hours per week, but more than 8 hours per day as well. The state of California also provides higher minimum wage requirements set at $10.50 per hour.

Relief for wage and hour violations can be granted through the filing of FLSA class action lawsuits. In addition to the failure to pay overtime, there are other common violations of the FLSA which include: 1) misclassification of exempt employees, 2) independent contractor misclassification, 3) off-the-clock work, 4) unpaid on-duty meal and rest breaks, 5) improper calculation of the regular rate, 6) improper deductions from salaried employees, 7) illegal tipping practices, 8) and failure to pay minimum wage.

The California Labor Code Violations Lawsuit is Case No. 8:17-cv-02274, in the U.S. District Court for the Central District of California.

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