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Active - Wilson v. Homes.com

Mr. Wilson contends that Homes.com: (1) failed to pay him, and all other similarly situated aggrieved employees throughout California (not limited to sales representatives), all wages due immediately or within seventy-two hours of termination, or resignation, as well as all associated waiting time penalties, in violation of California Labor Code section 201-203; (2) made unlawful deductions from his, and all other similarly situated sales representatives’, wages in violation of California Labor Code sections 221-224; (3) did not provide him, and all other similarly situated aggrieved employee sales representatives, a signed contract setting forth the contemplated method of payment of the commissions, or provide a signed receipt of the contract, in violation of California Labor Code section 2751; (4) failed to adequately reimburse him, and all other similarly aggrieved employees in California (not just sales representatives), for all costs incurred to perform their jobs, including but not limited to, for the use of their personal vehicles to do their jobs, associated costs related to the use of their personal vehicles, costs of smart phones, cell service, including data usage charges incurred to do their jobs, and the costs associated with having home offices, in violation of California Labor Code section 2802; (5) failed to pay all aggrieved California employees (not just sales representatives) all accrued vacation/PTO time upon termination in violation of California Labor Code section 227.3; and, (6) failed to provide all aggrieved California employees (not just sales representatives) wage statements in compliance with California Labor Code section 226(a), in that the wage statements do not contain the inclusive date of the period for which the employees are paid, were not provided in hard copy or made available in hard copy, and did not reflect accrued sick time in violation of California Labor Code section 246, entitling aggrieved employees to penalties under section 248.5. Further, if Dominion Enterprises asserts that it, and not Home.com is the employer, then all California employees’ wage statements also do not comply with Labor Code section 226(a)(8), in that the wage statements do not contain Dominion’s name or address, but that of Home.com.

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