A new class action lawsuit accuses the YMCA of San Francisco of engaging in a pattern of "wage abuse" of their employees, resulting in workers allegedly being repeatedly shorted pay, allegedly being forced to work off the clock, and allegedly being denied breaks.
According to the complaint filed in San Francisco Superior Court, the YMCA allegedly required employees to "work off the clock without compensation."
The organization failed to pay minimum wages and overtime wages for all hours worked, did not provide meal and rest breaks and also did not reimburse employees for "necessary business-related expenses," the suit alleges.
The YMCA required employees to "perform minor routine tasks prior to being allowed to clock in or shortly after clock," the suit alleges.
Managers also allegedly contacted workers outside of work hours to discuss work, "thus ensuring that the minimum wage rate, regular rate, overtime rate would be inadequate," the suit says.
The YMCA "intentionally and willfully failed to provide Plaintiff and the other class members with complete and accurate wage statements," according to the complaint.
"The deficiencies include, among other things, the failure to state all hours worked, the failure to state the actual gross wages earned, and the
correct rates of pay," the suit alleges. "Accordingly, Defendants violated California Labor Code 226(a)".
The lawsuit seeks back wages, damages and attorney fees.
"As a result of Defendants’ unfair and unlawful business practices, Defendants have reaped unfair and illegal profits during Plaintiff and the other class members’ tenure at the expense of Plaintiff, the other class members, and members of the public," the suit states. "Defendants should be made to disgorge its ill-gotten gains and to restore them to Plaintiff and the other class members."
The lawsuit proposed to include as plaintiffs all current and former hourly-paid or non-exempt employees who worked for the YMCA in California during the four years prior to the filing of the lawsuit.
"The Class is so numerous that the individual joinder of all its members is impracticable," the suit states. "While the exact number and identities of class members are unknown to Plaintiff at this time, the exact numbers of class members and their identities can be ascertained through appropriate discovery from records maintained by Defendants and their agents."
The plaintiffs are represented by attorneys Jonathan M. Genish, Barbara DuVan-Clarke, Alexander K. Spellman and P.J. Van Ert, of Blackstone Law, of Beverly Hills.
Ortiz v. YMCA of San Francisco, Superior Court of California, County of San Francisco, GC-23-608054