Jose Fernandez has filed a class action lawsuit against Molina Insurance Agency, Inc., alleging multiple violations of California labor laws. The complaint was filed on April 21, 2025, in the Superior Court of California for the County of Santa Clara. Fernandez accuses Molina Insurance Agency of failing to pay overtime wages, violating meal and rest period regulations, and other wage-related infractions.
According to the lawsuit, Jose Fernandez worked as a non-exempt employee at Molina Insurance Agency from 2015 until April 2024. He claims that he and other similarly situated employees were systematically denied their rightful wages due to the company's failure to calculate overtime correctly. The complaint alleges that Molina Insurance did not include all forms of compensation—such as bonuses and commissions—in calculating the "regular rate of pay," leading to underpayment for overtime hours worked beyond eight hours per day or forty hours per week. Furthermore, Fernandez asserts that Molina Insurance's policies did not allow employees to take compliant meal and rest breaks or receive premium wages in lieu thereof.
The lawsuit highlights several alleged violations of the California Labor Code and Business and Professions Code. It claims that Molina Insurance failed to provide accurate wage statements, neglected to pay all final wages upon employment termination promptly, and did not offer paid sick leave at the legal rate. These actions purportedly contravene various sections of the Labor Code, including §§ 201-203 regarding timely payment upon separation and § 226(a) concerning accurate wage statements.
Fernandez seeks class certification for himself and all affected non-exempt employees who worked for Molina Insurance in California over recent years. The relief sought includes unpaid wages, penalties for labor code violations, restitution under unfair competition laws, declaratory relief, and attorney's fees. The plaintiff argues that these remedies are necessary to address the systematic exploitation by Molina Insurance Agency through its unlawful employment practices.
Representing Jose Fernandez are attorneys Mehrdad Bokhour from Bokhour Law Group P.C., and Joshua S. Falakassa from Falakassa Law P.C., both based in Los Angeles. The case is presided over by Judge M. Arechiga under Case ID #25CV464122.