San Diego, CA (Sept. 11, 2017)
he San Diego employment law lawyers at Blumenthal, Nordrehaug and Bhowmik filed a proposed class action Complaint against Marriott Ownership Resorts, Inc. for allegedly failing to provide their California employees with the legally required thirty minute uninterrupted meal periods and allegedly failing to pay all overtime due to their California employees. Additionally, the Complaint asserts claims on behalf of a nationwide class alleging Defendant violated the Fair Credit Reporting Act in conducting of background checks on their employees. The Marriott Ownership Resorts, Inc. lawsuit, Case No. 17CV1663BEN WVG is currently pending in the United States District Court for the Southern District of California. A copy of the Complaint can be read by clicking here.
The lawsuit filed against Marriott Ownership Resorts, Inc. claims that the company failed to accurately “record and pay Plaintiff and other California Class Members for missed meal and rest breaks, and also overtime.” Under the California Labor Code, an employee who is classified as non-exempt and is paid on an hourly basis must be paid overtime wages for time worked in excess of eight hours in a workday and time worked over forty hours in a workweek.
The Complaint also alleges that the employees working in California for Defendant were not always able to take their thirty minute uninterrupted meal breaks before their fifth hour of work. California law requires employers to provide their non-exempt employees paid on an hourly basis with thirty minute meal periods before the employee works five hours. The penalty for failing to provide adequate meal breaks is one hour of pay under the California Labor Code.
Additionally, the class action lawsuit also alleges claims on behalf of a nationwide class under the Fair Credit Reporting Act stating that the company failed to adequately disclose and obtain authorization to conduct background checks on their employees. As alleged in the complaint, “The inclusion of the liability release clause in DEFENDANT’s authorization forms invalidates the purported consent and also triggers statutory damages under the FCRA in the amount of up to $1,000 for each applicant that DEFENDANT obtained a consumer report without a facially valid authorization, as well as punitive damages, equitable relief, and attorneys’ fees and costs.”
For more information about the class action lawsuit filed against Marriott Ownership Resorts, Inc. please call Attorney Nicholas J. De Blouw at (866) 771-7099.
Blumenthal, Nordrehaug and Bhowmik is a California employment law firm with offices located in San Diego, Sacramento, San Francisco, Riverside and Los Angeles Counties that dedicates its practice to helping employees, fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act.
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SOURCE: Blumenthal, Nordrehaug and Bhowmik
Nicholas De Blouw
Blumenthal Nordrehaug & Bhowmik
+1 (858) 952-0354