Plaintiff alleges, on a class basis, that Sears Home Improvement Products, Inc. (“SHIP”) and Transform SR Home Improvement Products LLC (“Transform SHIP”) (collectively referred to as “Defendants”) engaged in unlawful conduct by their: (1) failure to reimburse Plaintiff and proposed class members for work-related expenses, including, but not limited to, the use of their personal vehicles to do their jobs, the purchase of required materials and equipment to do their jobs, and the cost of smart phones, cell and internet services, including data usage charges, in violation of California Labor Code section 2802 and applicable Industrial Welfare Commission Orders (“Wages Orders”); (2) failure to provide accurate itemized wage statements to Plaintiff and proposed class members, in violation of California Labor Code section 226; (3) failure to pay all wages due immediately or within seventy-two (72) hours of termination or resignation, and all associated waiting time penalties, in violation of California Labor Code sections 201-203; and, (4) failure to provide Plaintiff and proposed class members, whom Defendants paid commissions, with signed written contracts that set forth the method by which commissions would be computed and paid, 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., and violations of California Labor Code section 2698, et. seq., the Private Attorneys General Act of 2004 (“the PAGA”), through which Plaintiff seeks civil penalties.
The parties have reached a settlement and the parties have requested the Court grant preliminary approval of the settlement.