Wavedivision Holdings, LLC, a video, internet and phone services company, faces a class action lawsuit alleging that they failed to provide required overtime wages, legally required off-duty meal breaks and mandatory rest periods to their California employees. Blumenthal Nordrehaug Bhowmik De Blouw filed the class action on February 9, 2018.
The class action against Wavedivision Holdings, LLC is currently pending in the San Mateo County Superior Court, Case No. 18CIV00684.
Allegations in the class action include:
· Failure to pay overtime
· Refusing to allow employees to take off duty meal and rest breaks
· Refusing to fully relieve employees of job duties for meal periods
Details in the lawsuit indicated that employees were sometimes unable to take off duty meal breaks or rest periods. When they were provided with meal breaks, they were sometimes not fully relieved of their job duties. According to allegations made in the class action lawsuit, Wavedivision Holdings employees were required to work over five hours in a shift with no off-duty meal break; a violation of California labor law.
California labor law requires that all employers offer their employees who are working shifts over five hours in length with an uninterrupted meal break of at least thirty minutes before the employee’s fifth hour of work is completed. California employers are required to provide a second uninterrupted meal break for employees who work ten hours.
According to the lawsuit, class members were paid using a non-discretionary incentive program. Under the program, Wavedivision Holdings offered employees hourly compensation with additional incentive compensation if they were able to successfully meet performance goals put in place by the company. Yet when the company calculated the overtime rate of pay for these same employees, the company allegedly did not include the incentive compensation as part of the “regular rate of pay.” In doing so, the company or Defendant, Wavedivision Holdings LLC, was miscalculating their employees’ overtime pay rate as a matter of policy.
If you have questions about how to file a class action lawsuit or how to qualify as a member of a class action lawsuit, please get in touch with one of the experienced class action and employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.