The class action lawsuit alleges the hotel operating company failed to pay their General Managers the correct amount of overtime wages and further alleges that the company failed to provide meal and rest breaks.
SAN FRANCISCO, July 1, 2019 /PRNewswire-PRWeb/ -- The San Francisco labor law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP, filed a class action lawsuit against ESA Management, LLC, alleging that the company failed to accurately calculate and record overtime compensation for their General Managers. Furthermore, the complaint alleges that ESA Management also failed to provide mandatory meal and rest breaks . The ESA Management, LLC, lawsuit Case No. STK-CV-UOE-2019-7162, is currently pending in the San Joaquin County Superior Court for the State of California. A copy of the complaint can be accessed by clicking here.
The class action complaint alleges that ESA Management instituted a blanket classification policy, practice and procedure by which all of these General Managers were classified as exempt from overtime compensation. By reason of this uniform exemption practice, policy and procedure applicable to PLAINTIFF and the other General Managers who performed these nonexempt tasks, ESA Management committed acts of unfair competition in violation of the California Unfair Competition law, Cal. Bus. & Prof. Code §§ 17200, et seq. (the "UCL"), by engaging in a uniform company-wide policy, practice and procedure which failed to properly classify PLAINTIFF and the other General Managers and thereby failed to pay them overtime wages for documented overtime worked.
Furthermore, the company's General Managers were also allegedly unable to take off duty meal breaks due to their rigorous work schedules. California labor laws require an employer to provide an employee required to perform work for more than five (5) hours during a shift with, a thirty (30) minute uninterrupted meal break prior to the end of the employee's fifth (5th) hour of work. The complaint alleges that the company did not provide their General Managers who forfeited meal breaks additional compensation.
If you think your company is violating the California Labor Code and would like to know if you qualify to make a claim, please contact attorney Nicholas J. De Blouw today by calling (858) 952-0354.
Blumenthal Nordrehaug Bhowmik De Blouw, LLP, is an employment law firm with offices located in San Diego, Los Angeles, San Francisco, Sacramento, Riverside, and Chicago that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act. If you need help in collecting unpaid overtime wages, unpaid commissions, being wrongfully terminated from work, and other employment law claims, contact one of their attorneys today.
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