FRESNO — Six service technicians employees have filed a class action lawsuit against a Mercedes Benz automobile dealership, alleging violation of workers compensation acts.
Gary Bates, Daryll Dorman, Adrian Hernandez, Jesse Ramirez, Michael Spolini and Kevin Wagenleitner, on their own behalf and on behalf of all those similarly situated, filed a complaint Aug. 24 in Fresno County Superior Court against FRMB Inc., and Does 1-10, alleging they violated the Labor Code and Wage Order by failing to pay workers at one and one-half times their regular rate for all hours worked beyond eight in a workday or 40 in a workweek.
According to the complaint, the plaintiffs were compensated on a piece rate systems of pay where employees were paid based on the expected completion time designated by defendant regardless if employees worked overtime hours or how long the technician actually took to complete the task.
The plaintiffs allege the defendants failed to pay the required compensation under the labor code of rate no less than one and one-half times the regular rate of pay for all hours worked in excess of eight hours in one day and/or 40 hours in one work week.
The plaintiffs seek trial by jury, damages, restitution and wages according to proof under the Labor Code, penalties, interest, liquidated damages, attorney fees, court costs, and for all other relief the court deems just. They are represented by attorney Anne I. Yen of Weinberg, Roger & Rosenfeld in Alameda.
Fresno County Superior Court case number 17CECGOZ907