Get Adobe Flash player

1 BLUMENTHAL, NORDREHAUG BHOWMIK 2 3 4 5 Norman B. Blumenthal State Bar 068687 Kyle R. Nordrehaug State Bar 205975 Aparajit Bhowmik State Bar 248066 2255 Calle Clara La Jolla, CA 92037 Telephone 8585

1 Plaintiffs Oscar Molina and Sylvia Garcia PLAINTIFFS, on behalf of themselves and 2 allege on information and belief, except for their own acts and knowledge, the following 3 4 5 1. THE PARTIES De

1 DOLLAR TREE as a Store Manager from September of 2005 to December of 2011. At all 2 times during his employment with DOLLAR TREE as a Store Manager Plaintiff Oscar 3 Molina was classified as a salar

1 unable to make employmentrelated, personnel decisions. Consequently, PLAINTIFFS did 2 not have the authority to decide whether or not an employee should be disciplined for an 3 infraction. Disciplin

1 presently unknown to the PLAINTIFFS who therefore sue these Defendants by such 2 fictitious names pursuant to Cal. Civ. Proc. Code 474. The PLAINTIFFS will seek leave to 3 amend this Complaint to a

1 responsibilities the PLAINTIFFS performed in addition to the work performed by other non2 exempt retail associates who were eligible for overtime compensation, was scheduling shifts 3 for retail ass

1 exempt based on job title alone. 2 20. During employment with DEFENDANT, the PLAINTIFFS primarily 3 performed nonexempt job duties, but were nevertheless classified by DEFENDANT as 4 exempt from ov

1 DEFENDANT. The PLAINTIFFS did not set policies or establish procedures for 2 DEFENDANT and were expected to use their experience, knowledge, skill and training to 3 operate within the policy guideli

1 during the pay period and the corresponding number of hours worked at each hourly rate by 2 the PLAINTIFFS. This conduct violated California Labor Code 226a. The pay stub also 3 did not accurately

1 30. DEFENDANT is a person as that term is defined under Cal. Bus. and Prof. Code 2 17021. 3 31. California Business Professions Code 17200 et seq. the UCL 4 defines unfair competition as any

1 to deceive, for which the Court should issue injunctive and equitable relief, pursuant to Cal. Bus. 2 Prof. Code 17203, including restitution of wages wrongfully withheld. 3 35. By the conduct all

1 suffer legal and economic harm unless DEFENDANT is restrained from continuing to engage 2 in these unlawful and unfair business practices. 3 4 5 6 7 8 41. SECOND CAUSE OF ACTION For Failure To Pay O

1 standard conditions of labor fixed by the commission shall be the maximum hours of work and 2 the standard conditions of labor for employees. The employment of any employee for longer 3 hours than t

1 2 3 4 5 6 7 8 9 10 management policies or general business operation of the employer and, b The employee must customarily and regularly exercise discretion and independent judgment and, c The emplo

1 2 3 4 5 6 7 8 9 b or talent of the employee or work that is an essential part of or incident to any of the above work and, 3 Whose work is predominately intellectual and varied in character as oppo

1 misclassified as exempt and DEFENDANT systematically elected, either through intentional 2 malfeasance or gross nonfeasance, not to pay PLAINTIFFS for PLAINTIFFS overtime labor 3 as a matter of unif

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 subdivision a of Section 515 or any applicable order of the Industrial Welfare Commission, 3 the number of piecerate units earned and any applicable piece rate

1 2 3 4 5 63. FOURTH CAUSE OF ACTION For Failure to Pay Wages When Due Cal. Lab. Code 203 By PLAINTIFFS Against All Defendants PLAINTIFFS reallege and incorporate by reference, as though fully set

1 accounting and payment of all wages due, plus interest, plus attorneys fees and interest as 2 allowed by law. 3 4 5 PRAYER FOR RELIEF WHEREFOR, the PLAINTIFFS pray for judgment against each Defendan

1 2 3 allegation or prayer in the Complaint is to be construed as a request, under any circumstance, that would result in a request for attorneys fees under Cal. Lab. Code 218.5. BLUMENTHAL, NORDREH

1 2 3 4 Dated July 20, 2012 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEMAND FOR JURY TRIAL PLAINTIFFS demand a jury trial on issues triable to a jury. BLUMENTHAL, NORDREHAU

Share