By Brigette Honaker  |  March 26, 2018

Category: Labor & Employment

Employee rights, unpaid overtimeA California man filed a California Labor Code lawsuit against RFI Enterprises alleging that they wrongfully denied him overtime wages.

Plaintiff Brian P. has issued a California Labor Code lawsuit against RFI Enterprises, claiming that they wrongfully failed to pay him sufficient overtime. Brian worked at the San Jose location for RFI Enterprises.

RFI Enterprises is a multi-systems integrator that designs, installs, and monitors fire and life safety solutions. Established in 1979, the company does business across the United States with offices in California, Nevada, and Washington. According to their website, the company offers a variety of systems including electronic access control, closed circuit television, intrusion detection, alarms, fire safety, and life safety systems. They operate a monitoring center which gives 24/7 support to their systems.

California Labor Laws

California Labor Code requires employers to pay overtime at a rate of one and a half the regular rate of pay for all hours exceeding eight in a day or 40 in a week. Brian argues that RFI Enterprises did not factor wage premiums and shift differential pay into the “regular rate” used to calculate overtime pay.

According to Brian’s lawsuit, RFI instead allegedly calculated overtime pay based on base hourly rate of pay. This allegedly resulted in a lower overtime pay rate than what he and other employees were legally owed.

California Labor Code also requires employers to provide their employees with accurate, itemized wage statements detailing their hours and rates of pay. The California Labor Code lawsuit claims that RFI Enterprises failed to provide accurate itemized wage statements as a result.

“Plaintiff, the Class and the Wage Statement Class were paid hourly. As such, the wage statements should have reflected the accurate overtime rates of pay, as well as the gross and net wages earned,” the complaint states.

Brian also alleges that the behaviors were intentional and malicious, and that RFI Enterprises were unwilling to correct the unfair practices.

“Defendants, and each of them, have engaged and continue to engage in unfair and unlawful business practices in California by practicing, employing and utilizing the employment practices outlined above, include, to wit, failing to correctly calculate the regular rate of pay by not including all remuneration in the regular rate, including non-discretionary pay such as wage premiums and shift differential pay,” the class action lawsuit states.

Brian proposes to represent a Class of RFI Enterprises employees in California who worked overtime without pay differential consideration after Jan. 12, 2014.  He also proposes a subclass (the “Wage Statement Class”) of RFI Enterprises employees who were paid shift differential pay after Jan. 12, 2017.

The California Labor Code lawsuit accuses RFI Enterprises of violation of various labor codes and violation of the UCL, business & professions code. The class action lawsuit seeks a certification of the proposed Class, restitution, damages, court costs, and attorneys’ fees.

The California Labor Code Lawsuit is Case No. 5:18-cv-01187-BLF in the Superior Court of the State of California for the County of Santa Clara.

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