Safelite Responds to Allegations by Former California Tech Seeking Overtime Pay
January 31, 2012

by Penny Stacey,

Safelite officials have filed a response to a suit filed last fall by a former technician who alleges that he is owed overtime pay for hours not counted in his work day. Safelite denies the allegations of the former technician, Demetriot Lewis of San Francisco, and offers several other defenses as to why company officials believe the suit is without merit.

Lewis is seeking a class action suit, and alleges that when he worked for the company as a mobile windshield repair technician from April 2010 to December 2010 that he was regularly scheduled to work eight hours per day, but that the company “did not pay [him] wages for all the hours [he] worked.”

Safelite officials deny the specific allegations, and further allege that the complaint “fails to state facts sufficient to constitute a cause of action upon which relief may be granted against Safelite.” The company also claims that the complaint “does not state facts sufficient to certify a class and that this action is not properly bought as a class or collective action,” and that the plaintiff “failed to exhaust his administrative remedies or prerequisites before filing suit.” The company further suggests that Lewis should be forced to pursue remedies with the California Division of Labor Standards Enforcement, rather than through the court system.

Safelite officials also allege that Lewis “has engaged in conduct and activity sufficient to constitute a waiver of any right to assert the claims upon which he now seeks relief,” though the company does not detail these allegations.

Currently a similar suit is pending in the U.S. District Court for Central California. Though that court has denied certification of a class, the case currently is awaiting trial in May 2012.

This story is an original story by AGRR™ magazine/™. Subscribe to AGRR™ Magazine.
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