Active - Everett v. Mattress Firm

This action alleges that Mattress Firm, Inc. (“Defendant”) engaged in unlawful conduct by (1) failing to pay non-exempt, hourly employees who worked in Defendant’s retail stores in California for all hours worked, including overtime compensation, and failing to include all remuneration when calculating the regular rate of pay resulting in overtime and double time rates that were too low; (2) failing to timely pay all wages after non-exempt employees voluntarily or involuntarily terminated their employment with Defendants; (3) failing to maintain and furnish such employees with accurate, itemized wage statements; (4) failing to make rest periods available and to separately pay compensation for rest periods or compensation for missed rest periods; (5) failing to provide meal periods or pay compensation for missed meal periods; (6) failing to compensate such employees for all time spent working, including non-productive time such as time spent preparing paperwork, opening and closing the stores, performing assigned cleaning tasks such as cleaning bathrooms, vacuuming, and wiping and dusting the windows and other fixtures, assembling displays, filing documents, attending meetings, participating in mandatory training and e-learning, etc.; and, (7) failing to provide signed commission plans.

Defendant removed the case to Federal Court in early November 2023. Plaintiff has filed a Motion to Remand the case back to State Court which is scheduled for a hearing in late January 2024.