Did Okdak Fail to Reimburse Employees for Business Expenses?

A California worker recently filed a class action complaint alleging Okdak violated labor law.

The Case: Roberto Contreras Jimenez v. Okdak, Inc.

The Court: California's Riverside County Superior Court

The Case No.: CVRI2404524

The Plaintiff: Jimenez v. Okdak

The plaintiff, Jimenez, filed a class action complaint alleging that Okdak, Inc. violated the California Labor Code. According to the class action complaint, Okdak failed to reimburse workers for required business expenses, violating Labor Code 2802. Jimenez claimed that during his employment, he and other class members were required to use their personal cell phones to fulfill their job responsibilities.

What is California Labor Code 2802?

California Labor Code 2802 requires employers to "indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties..." As such, employees who must purchase items or services in order to fulfill their job duties should receive a reimbursement for the business expense from their employer.

The Defendant: Jimenez v. Okdak

According to the plaintiff, Okdak failed to accurately record employee hours and provide accurate compensation for actual hours worked. Since labor law requires employers to pay their workers for all time worked, failing to do so is a violation. "Time worked" (when referring to labor law) refers to the time during which an employee is subject to their employer's control. The plaintiff claims the employee required workers to work off the clock without pay. Since the off-the-clock hours did not qualify for overtime premium payment, the company allegedly failed to provide employees with minimum wage for their off-the-clock hours, which violates multiple California Labor Codes (§§ 1194, 1197, and 1197.1).

More About the Jimenez v. Okdak Class Action Lawsuit:

The plaintiff filed on behalf of himself and other similarly situated current and former employees. The class action is pending in California's Riverside County Superior Court.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Skilled employment law attorneys can assist you at various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.