According to LawyersandSettlements.com, a class action lawsuit has been filed against ULTA Salon, Cosmetics & Fragrance, Inc. claiming that the chain misclassifies workers to avoid paying them overtime in an illegal fashion.
The lawsuit was filed in the US District Court, Northern District of California. The lawsuit claims the employees are misclassified as managers despite the fact that they perform tasks that are “non-managerial in nature.”
“Plaintiffs and Class Members are misclassified as exempt because they are forced to spend the majority of their working time performing the same non-managerial tasks being performed by non-exempt employees, such as Cashiers and Stock Associates,” the lawsuit states.
The lawsuit claims that because of the misclassification, workers often skip meal and rests breaks, and are thus not awarded overtime compensation or pay for missed breaks. Keep in mind, hourly employees in California are entitled to overtime pay for any hours worked beyond eight in any given day or 40 hours in any given week. However, as we have noted in past blogs, many employers have been accused of misclassifying workers as managers despite the fact that they perform the same tasks as other employees.
The lawsuit notes that ULTA operates 817 stores in 48 states, including 97 locations in California. It seeks to represent “all current and former store managers who may have been employed by ULTA from September 9, 2011 through to the present day.”
Make Sure That You Are Paid For All of the Work You Perform
If believe that your employer is failing to pay you overtime, is misclassifying your employment status or is denying you meal breaks, talk to our Los Angeles labor lawyers. You can contact us by using the request form or phone number located on this page.
Employers must be held liable when they attempt to skip out on paying employees wages that they have earned. If you can prove that your employer has denied you overtime or fair wages, you may be able to file a lawsuit or potentially join class action litigation.
Remember, you should be paid for ALL of the hours you work. Call us at (310) 273-3180 to share your story with our Los Angeles labor attorneys.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys