PAGA suit alleges route sales managers did not receive proper overtime rate
A recent lawsuit made under the Private Attorneys General Act of 2004 (PAGA) alleged that the employer improperly calculated the overtime due on a nondiscretionary bonus paid to route sales managers. A California court disagreed with the employee’s claim.
The plaintiff worked for several years for Ecolab, Inc. – the defendant in the case of Lemm v. Ecolab, Inc. – before becoming a route sales manager in April 2018. In this role, he regularly visited Ecolab’s customers to install, to repair, and to maintain its equipment. He also sold Ecolab’s products and parts and offered ongoing training and customer service.
In June 2019, the plaintiff filed a representative PAGA suit. He alleged that Ecolab’s route sales managers did not receive the proper overtime rate as part of the nondiscretionary monthly bonus.
In October 2019, he made additional claims seeking civil penalties associated with Ecolab’s alleged failure to pay all required wages, including reporting time and split shift wages, during the employment.
In their motions for summary adjudication, the parties disagreed on how to calculate the overtime due on the bonus. The plaintiff, citing the formula in section 49.2.4 of the Division of Labor Standards Enforcement Manual, argued that nondiscretionary bonus payments should be incorporated into the regular rate of pay, which would then affect overtime calculations.
As for Ecolab, it cited 29 C.F.R....
You don't have permission to access "http://news.sky.com/story/woman-who-accused-jay-z-of-rape-says-allegations-were-false-in-court-filing-13591936" on this server. Reference #18.9412df17.17903748...