New Overtime Class Action Lawsuit Filed Against Real Estate Group

A new overtime class action lawsuit was filed in the Superior Court of the State of California, Orange County on Feb. 9, 2018. The major defendant in this case is CBRE Inc., formerly known as CB Richard Ellis Inc., a global real estate services provider organized under the laws of the State of Delaware.

Up to 100 potentially legally responsible entities remain unnamed at the point of the overtime class action lawsuit filing.

The plaintiff, Ricardo R., is a citizen and resident of the State of California who was formerly employed by CBRE Inc. at an Orange County-based production, manufacturing, and distribution center.

Ricardo was hired in the capacity of a non-exempt janitorial and general maintenance employee and filled that position for slightly over a year from May 2015 through September 2016.

Ricardo is filing legal allegations on behalf of himself and other California-based CBRE employees. In the narrative of the overtime class action lawsuit, the plaintiff, through his counsel, claims that he was often expected to work hours over and above the traditional eight-hour workday and was not paid full wages due for the extra time at one and one-half times the hourly rate of pay.

In addition to not being paid the full overtime rate, according to the facts section of the overtime class action lawsuit, Ricardo alleges that he and other workers were frequently asked to remain on-call without any compensation for that status.

CBRE Inc. supposedly had a policy that specifically limited and discouraged overtime hours, but never adjusted expected job responsibilities and requirements to fit that policy. Because of this, many employees including himself were covertly pressured into working “off-the-clock,” Ricardo claims.

A lack of proper meal and rest break oversight is also alleged in the facts section of the overtime class action lawsuit. The documentation claims that 30 minute meal breaks were often interrupted with work responsibilities and, when this occurred, there was no arrangement for payment of one-hour’s work in lieu of this required meal break.

Often these 30 minute meal breaks were allegedly overlooked on shifts of five hours or more, and second 30 minute meal breaks were similarly “forgotten” on shifts of 10-hours in length.

Ten-minute rest breaks for every three-to-four hours worked were denied as well on a frequent basis without prior arrangement or compensation to CBRE Inc. employees, according to Ricardo.

The plaintiff in this overtime class action lawsuit is seeking recognition of complaint as legitimate class action and himself as class representative. He brings the following actions on behalf of all:

Failure to Pay Wages Under the Fair Labor Standards Act (FLSA); Failure to Pay Overtime Compensation Under the California Labor Code; Failure to Provide Meal Periods Under the California Labor Code; Failure to Provide Rest Periods Under the California Labor Code; and Failure to Furnish Itemized Accurate Statements Under the California Labor Code.

Failure to Pay Wages for Hours Worked Under the California Labor Code; Failure to Pay Wages At Least Twice in a Calendar Month; Failure to Pay Wages Upon Termination of Employment; Unlawful Competition and Unlawful Business Practices Under California Business and Professions Code; and Violation of the California Private Attorney Act.

Ricardo seeks statutory and compensatory awards for each cause of action with interest. He also hopes for the return of all reasonable court and attorney fees.

This Overtime Class Action Lawsuit is Case No. 8:18-cv-00237-JLS-KES in Superior Court of California for Orange County.

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