This is the second employment-related class action brought against Ulta Beauty, Inc. in a short period of time. The complaint claims that the company, formerly known as Ulta Salon, Cosmetics & Fragrance, Inc., were not paid proper wages for all hours worked, including overtime wages, and that they were neither allowed to take full rest breaks nor compensated for not taking them.
Plaintiff Sherri A. Medeiros was a non-exempt, hourly employee who worked as a manager for an Ulta store in Fairfield, California. She claims that Ulta violated state and federal labor laws in a number of respects.
First, the complaint says that her overtime pay was miscalculated. She received a nondiscretionary bonus because she attained a sales quota, but that amount was not added into the calculation of her overtime pay, as the law requires, when she worked more than eight hours in a day or forty hours in a week.
Medeiros and others were often required to work a ten-hour shift but the complaint says they were not given a second, thirty-minute meal break during that time. They were, however, given a meal break penalty of one hour of pay at their regular rate of pay.
However, during these ten-hour workdays, the complaint alleges that they were also not permitted to take ten-minute rest periods for every four hours or so, and they were not permitted to take a third rest period when the shift continued beyond ten hours. They were not given an extra hour’s pay for these missed breaks, as the law requires.
Also, the complaint says the company did not maintain accurate records of each employee’s hours and failed to give them accurate, itemized wage statements.
Finally, when employees resigned or were let go, the company did not pay them all wages due in a timely manner.
The class for this action is all persons who were or are employed by Ulta in non-exempt, hourly positions as managers or assistant managers, between November 9, 2014 and the resolution of this lawsuit. Subclasses have also been proposed for (1) those who were not accurately and fully paid for all hours worked, (2) for those who were not provided with rest breaks or compensation in place of rest breaks, (3) for those who were not paid all wages they were owed in a timely manner at the termination of their employment, and (4) for those who were not given accurate and complete wage statements.