SAN DIEGO – A former employee of a San Diego County technology company alleges the employer failed to keep accurate time records and paid employees in an illegal manner.
Daniel Levy filed a complaint individually and on behalf of others similarly situated on Dec. 27 in the U.S. District Court for the Southern District of California against Lytx Inc. alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he suffered economic damages by being routinely under-paid because of defendant's practice of requiring him to enter his timekeeping in advance of actually having worked the hours. The suit states defendant would then reconcile or deduct money from what was earned that week in the next pay period.
The plaintiffs hold Lytx Inc. responsible because the defendant allegedly failed to properly and timely pay wages when rightfully earned and failed to keep and distribute an accurate payroll and timekeeping records.
The plaintiffs request a trial by jury and seek judgment against defendant; proceed as a collective action; back pay; actual, consequential, statutory and liquidated damages; premium pay; penalties; declaratory relief; restitution; interest; attorneys’ fees; expenses; costs and further relief that the court may deem just. He is represented by Craig M. Nicholas, Alex M. Tomasevic and David G. Greco of Nicholas & Tomasevic in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-03090