Brigette Honaker  |  January 25, 2019

Category: Labor & Employment

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California labor laws violated by storage companyA recent wage and hour class action claims that a storage company violated California labor laws regarding overtime, breaks, and more.

Plaintiff Diego O. claims that, while working as an hourly employee for iStorage from November 2016 to June 2018, he was subjected to unfair policies which were in violation of California labor laws. Diego names several controlling parties in his California labor laws class action lawsuit including National Storage Affiliates Trust, Intandem Human Resources LLC, Storage Management and Leasing Co. LLC, and iStorage JV LLC.

According to the California labor laws class action, Diego and other employees worked five days a week for shifts lasting nine hours. iStorage allegedly automatically deducted one hour of time from their shifts to compensate for a meal break, however, employees were allegedly denied meal breaks because they were required to stay on duty and responsive to customer demands and inquiries.

Diego argues employees should have been paid for this time. He claims that even more unpaid time was accrued by iStorage policies for clocking in. Employees were reportedly unable to clock in until two minutes before their shift started, but opening the store took ten minutes. Employees were also required to boot up the computer, he says, which allegedly resulted in “further uncompensated work”.

Additionally, Diego and other employees were reportedly “forced to work off the clock by rounding down and underreporting hours worked in order to keep labor budgets low.” Due to the amount of off the clock and after shift work, Diego and other iStorage employees were allegedly denied owed wages and overtime.

Off the clock work allegedly led to the storage company incorrectly calculating rate of pay. Hours worked over 40 hours in a single workweek were reportedly calculated at regular rate of pay due to inaccurate hours. The rate of pay for employees also allegedly failed to consider bonus incentive pay – reportedly resulting in miscalculated overtime rates.

According to Diego’s complaint, all of these actions were in violation of California labor laws. This is not an infrequent complaint of California laborers, as staff of Hertz and even Disney have filed wage and hour claims.

“Defendants failed to pay Plaintiff and the Class members all wages due and owing, including by unlawful under-recording of hours worked resulting in off the clock work and by failing to incorporate non-discretionary, performance based bonuses into the overtime rate calculation, made unlawful deductions from their pay, failed to reimburse necessary business expenses, failed to compensate for time spent off the clock, failed to provide meal and rest breaks, and failed to furnish accurate wage statements, all in violation of various provisions of the California Labor Code,” the class action lawsuit claims.

Diego argues that other employees were subjected to these labor laws violations in other California iStorage locations and seeks to represent a Class of these employees in his class action lawsuit. Diego also seeks to represent several subclasses for respective minimum wage, overtime wages, meal period, rest break, wage statement, unauthorized deductions, termination pay, expense reimbursement, and other violations of California labor laws and federal wage and hour laws.

The California Labor Laws Class Action Lawsuit is Case No. 4:18-cv-07717-KAW in the Superior Court of the State of California for the County of San Francisco.

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