California Labor Laws Class Action Lawsuit Filed Against Toms Shoes

A California labor laws class and collective action lawsuit was filed by a woman against Toms Shoes, LLC, alleging wage and hour violations against the company on behalf of herself and all those similarly situated.

Plaintiff Teena M. files the California labor laws lawsuit in U.S. District Court for the Central District of California. The lawsuit was filed on May 17, 2018, demanding jury trial.

According to the California labor laws lawsuit, Teena was hired by Toms in October 2016. She claims she was employed as an hourly, non-exempt employee and therefore was eligible to work and be paid overtime hours. However, while she worked those hours, she claims the company failed to properly pay overtime hours that Teena was owed.

The California labor laws lawsuit states that Teena “and all of Toms other hourly, non-exempt employees who work overtime and receive commissions, non-discretionary bonuses, and/or other items of compensation aside from their base hourly rate, are not adequately paid for all of the overtime they work.”

The California labor laws lawsuit was filed on a count of violation of Fair Labor Standards Act and California Labor Code, and violation of California Business & Professions Code.

Overview: California Labor Laws

Teena files and brings the class action lawsuit as a collective action to recover unpaid overtime wages as required by the Fair Labor Standards Act (FLSA). The class action lawsuit is filed on behalf of all current and former employees employed by Toms Shoes, LLC.

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

Many class action lawsuits have been filed by former and current employees of businesses alleging violations of the FLSA. They may file specifically for unpaid overtime wages and violations of minimum wage law. An FLSA class action lawsuit may help recover damages and provide relief for federal and state labor law violations committed by employers and businesses.

An FLSA class action lawsuit can allow a group of workers who have suffered from violations of state and federal labor laws to pursue action in a single court action.

Federal law sets overtime pay at a rate of not less than one and one-half times the rate of regular pay after an excess of 40 hours per week have been worked. According to federal law, minimum wage is also set at $7.25 per hour. Any violations of overtime pay and minimum wage allow employees to file wage and hour lawsuits and pursue relief for violations of the FLSA and other federal and state labor laws.

There are many other violations in addition to the failure to pay overtime. These may include some of the following: misclassification of exempt employees, off-the-clock work, independent contractor misclassification, unpaid on-duty meal and rest breaks, improper deductions from salaried employees, failure to pay minimum wage, illegal tipping practices, and improper calculation of the regular rate.

The California Labor Laws Lawsuit is Case No. 2:18-cv-04143, in the U.S. District Court for the Central District of California.

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