This class action concerns employment practices at the California distribution centers of the Target Corporation. The issues are the failure to pay overtime, the failure to provide adequate itemized wage statements, and the failure to pay waiting time penalties, under California labor laws.
Plaintiff Joseph D. Ornelas was a warehouse worker at Target’s distribution center in Fontana, California. Plaintiff Rodney Alan Robinson, Jr. was a warehouse worker at Target’s distribution center in Woodland, California. Both men, the complaint says, “were dedicated and exemplary employees, and performed their duties as a ‘Warehouse Worker’ for [Target] in a diligent and thorough manner.”
The warehouse workers were “regularly required to work shifts in excess of 8 hours without the payment of overtime[,]” the complaint alleges.
Because the company did not pay overtime, the complaint says, the men’s wage statements listed rates of pay that did not include overtime rates for hours over eight in a day or forty in a week. They also listed incorrect gross and net amounts of wages.
Furthermore, California’s labor laws have a provision for something called “waiting time penalties.” This derives from an employer’s obligation to pay workers all compensation due immediately upon discharge. The complaint explains it this way: “[I]f an employer willfully fails to pay compensation promptly upon separation from employment, … then the employer is liable for waiting time penalties in the form of continued compensation for up to thirty work days.”
Three classes have been defined for this action: