U.S. District Court Partially Denies Leslie’s Poolmart’s Motion to Compel Arbitration – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on August 2, 2013

PoolThe U.S. District Court in the Central District of California has partially denied Leslie’s Poolmart’s motion to compel individual arbitration in an overtime class action lawsuit.  According to the Honorable Christina Snyder, the Plaintiff’s representative Private Attorney General (PAGA) claim was within the scope of the Plaintiff’s employment agreement with the Defendant.  Therefore, the Plaintiff’s full claim, along with its PAGA claim, now goes to arbitration for the class.

Leslie’s Poolmart, the Defendant, filed a motion to compel individual arbitration for the overtime class action lawsuit filed by Blumenthal, Nordrehaug & Bhowmik, a Los Angeles labor law firm.  According to Blumenthal, Nordrehaug & Bhowmik, Leslie’s Poolmart’s compensation plan is allegedly unlawful because it calculates overtime payments only using an employee's hourly rate, and disregards the employee's non-discretionary bonuses. The result, Leslie's Poolmart allegedly underpays its employees for all their overtime hours worked.  Cunningham v. Leslie's Poolmart, Inc., Case No. CV 13-2122 CAS is pending.  As there are common issues among the Plaintiffs, Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit.  A copy of the original Complaint can be read here.

If you work as a non-exempt employee for Leslie’s Poolmart or for a different company and are not being paid overtime, 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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