A former employee of Xtreme Auto Collision & Glass Inc., in California, has filed a class action lawsuit alleging that his former employer violated the California Labor Code and the Industrial Welfare Commission Wage Order. Plaintiff Diego Bautista, and individuals similarly situated in the Golden State, allege that Xtreme failed to lawfully compensate employees with respect to minimum wage, overtime and more.
Court documents filed by plaintiffs allege that Xtreme failed to provide meal and rest periods as required by law, in addition to failing to accurately compensate plaintiffs for those missed periods. It is further alleged that Xtreme failed to compensate plaintiffs for all time worked, work performed off-the-clock, overtime at the correct rate of pay and more.
“From time to time during the class period, as a result of their rigorous work schedules and defendant’s inadequate staffing practices, plaintiff and other California Class members are from time to time unable to take 30 minute off duty meal breaks and were not fully relieved of duty for their meal periods,” plaintiffs allege in documentation filed with the court. “Plaintiff and other California Class members are required to perform work as ordered by defendant for more than five hours during some shifts without receiving a meal break.”
Also alleged is a failure to compensate employees for business expenses, and failure to provide class members with accurate itemized wage statements.
“Plaintiff and the California Class members have uniformly been deprived of wages and penalties from unpaid wages earned and due, including but not limited to unpaid minimum wages, unpaid overtime compensation, unpaid meal and rest period premiums, (and) illegal meal and rest period policies,” plaintiffs allege in court documents.
Plaintiffs ask the California Superior Court in San Diego County to certify the suit as a class action and restrain Xtreme from “engaging in similar unlawful conduct.” Plaintiffs also seek an order requiring Xtreme to pay overtime wages and all sums that were allegedly unlawfully withheld from affected employees.