This class action brings suit against Sprint/United Management Co. for allegedly failing to follow California Labor Code and Industrial Wage Orders in the treatment of certain of its workers. The complaint claims that non-exempt, hourly-paid managers were not paid for all hours worked and were not given proper meal and rest breaks.
The class for this action is all current and former non-exempt, hourly-paid store managers (level “C”) employed by Sprint/United Management Co. at any time between December 17, 2015 and the trial of this case.
Plaintiff Josh Fuhr worked for Sprint in its store in Spring Valley, California between August and December 2017. His duties included running the store, meeting sales goals, handling inventory, being present at conference calls and meetings, traveling to other stores, hiring and training employees, and staffing and scheduling.
Sprint not provide proper meal breaks. In fact, the complaint says Sprint did not tell employees that meal breaks must be provided by the end of the fifth hours of work; “instead the instrtuction from [Sprint] was that meal breaks were to be taken by [Fuhr] and class members by the end of the sixth hour of work.”
Also, because it was difficult to predict the flow of customers, Fuhr often was unable to take an uninterrupted meal break. Even if he clocked out, the complaint said, he often had to interrupt the break to help customers. While companies may require employees to work during meal breaks, they are required in such cases to give them an extra hour’s pay for each such day.
Rest breaks were another problem. As with meal breaks, it was hard to predict customer flow, so Fuhr had to skip or interrupt rest breaks and did not receive any extra pay for that.
In addition, Fuhr was required to attend work meetings or be present at conference calls outside of scheduled work hours or during meal breaks. This means he performed off-the-clock work for which he was not paid.
Fuhr alleges that other store managers were treated in the same way.
The failure to record or provide pay for these things leads to additional violations when they are added to the regular work schedule. The complaint sums up the labor violations as “failing to pay meal and rest break premiums, failing to pay all straight-time and overtime wages owed for each pay period, failing to provide timely and accurate wage statements, and failing to pay all wages due upon termination…”