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Circle K Stores California Overtime and Incentive Pay Rates Class Action

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Exterior of a Circle K Store

This class action brings suit against Circle K Stores, Inc. It alleges that Circle K did not pay employees properly for overtime and did not either provide rest and meal breaks or give them additional compensation for the missed breaks.

A class and a subclass have been defined for this action.

  • The California Class for this action is all individuals who were or are employed by Circle K in California and classified as non-exempt employees at any time between March 14, 2015 and a date to be determined by the court.
  • The California Labor Subclass is all member of the California Class who were classified as non-exempt employees at any time between March 14, 2015 and a date to be determined by the court.

Circle K gives employees non-discretionary incentive pay that is tied to aspects of their job performance. Rodriguez was granted incentive pay, but when calculating her rate of pay for overtime and breaks, Circle K did not use the incentive pay rate but her original, lower hourly rate. The company also failed to give her a second meal break when she had to work long hours.

Also, Circle K did not give her accurate wages statements with all the information required by law. Wage statements are supposed to show, among other things, gross wages and all applicable hourly rates in effect during the pay period they cover, showing the amount of time worked at each rate. Circle K’s statements do not show this or other required information. 

One more violation concerns the requirement to show the employee her employment file, “related to the employee’s performance or to any grievance concerning the employee.” Rodriguez requested the file via certified mail a number of times. Companies are supposed to allow inspection or copying of the file within thirty days of such a request, but Circle K did not respond. Rodriguez is asking for the statutory penalty of $750 for this refusal. 

The complaint claims that the company’s behavior goes against the dictates of the California Business and Professions Code concerning unlawful business practices. It says it also violates the California Labor Code, Industrial Welfare Commission (IWC) Wage Orders, and other provisions of California laws that require the proper payment of overtime hours, premiums for missed rest and meal breaks, provision of accurate and detailed wage statements, and requirements to pay wages when they are due. 

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