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 in violation of California Labor Code sections 204, 510, and 1194; (2) failing to timely pay all wages after non-exempt employees voluntarily or involuntarily terminated their employment with Defendants in violation of California Labor Code section 201-203; (3) failing to maintain and furnish such employees with accurate, itemized wage statements in violation of California Labor Code section 226 and 226.2; (4) failing to make rest periods available and to separately pay compensation for rest periods or compensation for missed rest periods in violation of California Labor Code section 226.2 and 226.7; (5) failing to provide meal periods or pay compensation for missed meal periods in violation of California Labor Code section 226.7 and 512; (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., in violation of California Labor Code section 226.2; and, (7) failing to provide signed commission plans in violation of California Labor Code section 2751. These failures further constitute unfair business practices, in violation of California Business and Professions Code section 17200, et. seq. The violations of Wage Orders further constitute violations of California Labor Code sections 558, 558.1 and 1198 and also give rise to penalties under California Labor Code section 2698, et seq., the California Private Attorneys General Act (“the PAGA”).