Judge Dismisses One Claim in Suit Against Safelite

newgavelA U.S. District Court judge has dismissed a former Safelite technician’s claim of federal labor law violations in a class-action suit filed last year.

Judge Dolly M. Gee of California’s Central District struck the claim made by Yadir A. Ontiveros, in which he accused Safelite Fulfillment, Safelite Group and Safelite Glass Corp. of nine violations of the Fair Labor Standards Act (FLSA), stemming from Safelite’s pay-per-piece program.

In the now-dismissed claim, referred to as “Claim Two (FLSA Violations),” Ontiveros alleged he and “members of the FLSA Overtime Class worked in excess of 40 hours per workweek, earned overtime compensation, and received various forms of Incentive Pay and/or piece-rate wages, which are not exclusions when calculating the regular rate of pay.”

He further alleged that Safelite, as a policy and practice, miscalculated the overtime rate of pay by failing to properly include the various forms of incentive pay and/or piece-rate wages.

“Accordingly, Plaintiff and members of the FLSA Overtime Class were not compensated at the appropriate rates of overtime pay for all hours worked,” according to the complaint.

However, attorneys for Ontiveros and Safelite filed a joint stipulation asking the court to dismiss that claim in October. Gee’s order removed the claim “without prejudice,” according to court documents filed November 15.

At the time of the original complaint, Ontiveros said he was hired by Safelite as a non-exempt employee at a warehouse in Ontario, Calif., in August 2009. In March 2013, he was promoted to technician trainee, and Ontiveros said he became a technician in September 2013 after transferring to Glendora, Calif. He filed a state class action lawsuit September 9, 2015; the case was amended a month later. To read the amended complaint, click here.

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