In recent news, Harley Davidson faces allegations that they violated labor law by failing to provide workers with legally required meal and rest periods.

The Case: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The Court: Los Angeles County Superior Court of the State of California

The Case No.: 23CHCV02986

The Plaintiff: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The plaintiff in the case, Daniel Rivas, alleges that Uglyfighters Motorcycles, LLC (dba Harley Davidson) engaged in a practice and pattern of wage and hour violations to decrease the company's employment-related costs. Rivas was employed at one of the defendant's California locations from March 2022 through March 2023. He was partly paid an hourly wage and party non-discretionary bonuses and commissions. Due to his employment status, Rivas was entitled to legally required meal and rest periods and payment of minimum and overtime wages for all the hours he worked.

The Defendant: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The defendant in the case, Uglyfighters Motorcycles dba Harley Davidson, owns and operates motorcycle dealerships throughout California. The company allegedly failed to provide accurate employee wages for all the time worked. According to the plaintiff's claims, the company's systematic violations of California wage and hour laws included:

Failing to provide employees with compliant meal breaks and rest periods
Failing to offer breaks and rest periods free of job duties
Failing to pay all wages due (minimum wage, sick pay, regular pay, and overtime pay)
Failing to pay employees within seven days of the payroll close date
Failing to pay employees for all the hours they worked
Failing to maintain accurate records
Failing to reimburse employees for necessary business expenses
Failing to provide accurate itemized wage statements
Failing to provide wages in a timely manner
Failing to timely pay wages upon termination of employment

The Case: Daniel Rivas v. Uglyfighters Motorcycles, LLC (dba Harley Davidson)

The lawsuit alleges that Uglyfighters Motorcycles dba Harley Davidson violated the California Labor Code by failing to pay their employees for all their hours. As a result of the workers' rigorous work schedules and the company's inadequate staffing practices, plaintiffs claim they were regularly unable to take their thirty-minute off-duty meal breaks. Additionally, when workers did take a meal break, they were often not relieved of work duties during the break. (Of note: the nature of the work performed does not qualify for the limited and narrowly construed "on duty" meal period exception). For example, workers were often required to stay on-site during their meal break, or if they left the job site, they were required to be accessible by phone/text to manage work-related communications. Workers were also regularly not provided with rest periods as required by labor law, and employees were not reimbursed for allegedly necessary business expenses for cell phones, home computers, and internet. The plaintiffs' claims were all necessary to complete their required job duties. Additionally, employees should have been provided with itemized, accurate wage statements. For example, the company often included Vacation Pay, Sick Pay, and Personal Day Pay in the computation of total hours worked, which violates California Labor Law.

If you have questions about how to file a wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.