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Ulta Beauty Employee Wage, Overtime, and Breaks California Class Action

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Women's Cosmetics

It seems that even beauty stores can have unbeautiful labor and employment practices. The complaint for this class action alleges that Ulta Salon, Cosmetics & Fragrance, Inc. (now Ulta Beauty, Inc.) violated labor laws in a host of ways, including by not paying proper minimum wages or overtime, not giving employees proper meal or rest periods or payment for missing them, and not providing proper wage statements.

The class for this action is all individuals who worked for Ulta in any of its retail stores in California as a non-exempt, hourly-paid employee, at any time between October 29, 2014 and the date of class certification.

Plaintiff Raycheal Tellez was a non-exempt, hourly-paid employee at Ulta retail stores through sometime in May 2018. A non-exempt employee is one who is not exempt from requirements for overtime pay—that is, one who must be paid for overtime hours at overtime rates. 

The complaint claims that Ulta violated the Industrial Welfare Commission (IWC) Wage Order and the California Labor Code by having non-exempt employees work more than eight hours in a day or more than forty hours in a week but not paying them for the additional hours at overtime rates. 

In fact, the complaint alleges that the company did not pay employees for all hours worked. For example, it says that when employees had to have their belongings searched before leaving, that requirement was done off-the-clock.

The California Labor Code, like federal labor laws, requires that employees by given meal breaks and rest periods, or that they be compensated with additional pay for any missed meal breaks or rest periods. The complaint claims that Ulta forced employees to stay on the premises during meal breaks, interrupted breaks, cut breaks short, or had employees work during the breaks. According to the complaint, the company did not properly coordinate staff schedules so that employees could take rest breaks, and then they were not paid for the missed breaks.

Another provision of the California Labor Code is that employers must provide complete and accurate wage statements that meet certain requirements. Ulta did not do this, the complaint says, in particular because it did not record things like proper overtime pay and missed meal breaks.

Also, the law says that any unpaid wages must be paid promptly when an employee is terminated. The complaint claims that the company did not do this, as it still owes former employees additional amounts for unpaid work, improperly-paid or unpaid overtime, and unpaid meal breaks. 

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