A California federal court will oversee a new lawsuit against Nordstrom-owned Trunk Club, filed by a former employee who alleges that he was not paid for “off-the-clock” work.
Plaintiff Darius Rowser, a former Trunk Club employee, filed this Trunk Club unpaid overtime lawsuit against the defendant alleging violations of the federal Fair Labor Standards Act and the California Labor Code.
According to Law360, Darius is arranging to file the wage and hour class action lawsuit to represent a Class of current and former employees who are paid at an hourly rate and which includes non-exempt Trunk Club employees.
The proposed Classes would include an FLSA collective of non-exempt, hourly Trunk Club workers who have worked there within the past three years, and a California Class of those who had worked for the company in the last four years in the state of California.
The attorney for the plaintiff told Law360, “This is a prime example of a company failing to follow long-established federal and California labor laws … New business models do not allow companies to claim employees’ time and resources as their own.”
According to Law360, they stated of the Trunk Club unpaid overtime lawsuit that Rowser and similar employees would be required to work and perform certain tasks. However, Trunk Club would allegedly fail to pay them wages that are federally required, which includes overtime pay for qualifying work hours.
The “off-the-clock” work that the workers were required to do allegedly included working from home, being present at mandatory, work-related events that would run after hours, , and doing other required work outside the regular workplace and scheduled work hours.
The plaintiff alleges the required “off-the-clock” work was in addition to their regular scheduled shifts, and these hours should have been compensated with wages that the employees were never paid.
Rowser alleges he and his proposed Class Members were paid on a “draw system,” in which they would work on a pay based off commission instead of a regular hourly pay wage. Class Members ended up working in excess of eight hours per day, the wage and hour lawsuit claims.
The required overtime pay and compensation for ancillary work was not included in the Class Members’ draw versus commission pay amounts, the Trunk Club unpaid overtime lawsuit claims.
The Trunk Club Unpaid Overtime Lawsuit is Case No. 2:17-cv-05064, in the U.S. District Court for the Central District of California.
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