Class Action Lawsuit Filed Against Oakley Corporation for Shorting Overtime Wages to NonExempt Employees – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on January 27, 2013

  A class action lawsuit has been filed by the Los Angeles employment lawyers at Blumenthal, Nordrehaug & Bhowmik against Oakley Sales Corporation for allegedly shorting overtime wages to nonexempt hourly employees.  Sierra, et al. vs. Oakley Sales Corp.  According to the class action complaint, when calculating the overtime wages of nonexempt employees, Oakley failed to include nondiscretionary bonuses paid to the hourly employees.

Under California labor law, nondiscretionary bonuses are included in calculating a nonexempt employee’s regular rate of pay for purposes of calculating overtime pay.  “By failing to include nondiscretionary bonuses in the regular rate of pay, Oakley systematically underpaid overtime compensation to its nonexempt employees,” said Norman Blumenthal, managing partner of Blumenthal, Nordrehaug & Bhowmik.  “Basically, any non-exempt employee that was paid a bonus according to the Complaint was allegedly shorted on their overtime pay for each overtime hour that they worked.”

The case is currently pending in the Orange County Superior Court for the State of California.

The Complaint also alleges that Oakley failed to pay their nonexempt employees for all time worked by requiring these employees to not clock time for mandatory bag checks conducted when they left for lunch breaks and at the end of their shifts.  This essentially added up to 10 minutes of unpaid time per employee per shift.

If you work for Oakley or another company and have received nondiscretionary bonuses based on your hours worked, production, or efficiency that were not included in calculating your overtime pay, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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