BOSTON — The Scotts Company LLC, a lawn care company, will have to respond to a recently filed putative class action overtime pay lawsuit. The lawsuit, filed in California state court, alleges the lawn care giant failed to pay overtime, to compensate its merchandising employees for work-related expenses, and to provide proper meal and rest breaks in violation of the California state labor laws. The proposed class action will only include California employees, but could lead to similar claims in other states, depending on the information gathered in this case.
The Merchandiser Claim
A former Scotts’ merchandiser, Everardo Gonzalez, filed the claim alleging multiple violations of the California Labor Code dating back four years. In his complaint, he claims the company failed to properly and accurately record and account for all of the hours its merchandising employees worked, including meal and rest breaks and overtime hours. He also claims the company did not properly reimburse him for expenses related to his position as a merchandising employee.
Merchandising employees travel to gardening and hardware retail locations to arrange, rearrange, and update displays with the company’s products. Gonzalez claims he was required to use his own vehicle, but was not compensated for costs associated with using his vehicle for work-related purposes such as for gas or insurance. Additionally, he claims he was not reimbursed for the cellphone he used for work purposes. Gonzalez also alleges his schedule did not provide for meal or rest breaks or if they did he would frequently work through those breaks and he was not compensated for that time. Gonzalez believes the policies which allegedly violate the labor laws were applied statewide and potentially affected hundreds of California Scotts’ merchandising employees.
State Wage And Overtime Violations
There are some situations in which an employer may not have violated federal wage and overtime laws, either because they are not subject to the laws’ requirements or because the law does not prohibit the actions the employer took. However, the majority of employers are also subject to state wage and overtime laws. Each state has its own set of wage and labor laws which will typically apply to more employers than federal laws. In this case, federal law does not require meal and rest breaks, but California law does, which is one of the reasons the lawsuit was filed in state court.
It can sometimes be difficult to know if a state or federal wage law has been violated or to know what to do if you believe you have been subject to the violation. If you believe you have been subject to a wage or overtime pay violation contact our team of overtime pay lawyers today. Our experienced team of overtime pay lawyers can be reached at (855) 754-2795. Or you may complete our Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.