Lululemon Allegedly Failed to Pay Accurate Overtime to California Employees

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Lululemon USA Inc. is facing overtime allegations. The California overtime lawsuit claims that the company violated the PAGA (Private Attorney General Act) when they failed to calculate and pay their employees overtime wages accurately. The suit is pending in Los Angeles Superior Court.  

Lululemon Faces Numerous Employment Law Allegations

In the LA overtime lawsuit, Lululemon faces allegations from the plaintiff and other aggrieved employees that they did not receive payment for all hours worked, including overtime hours. The plaintiffs also claim that the company failed to keep accurate records, provide required meal and rest periods, and provide suitable seating for employees (when the nature of their work reasonably permitted sitting).

The Lululemon Lawsuit Includes Multiple Labor Law Violations

In the California lawsuit, plaintiffs made several severe allegations of employment law violations, including:

Violation of applicable sections of California Labor Code and the requirements of the applicable Industrial Welfare Commission (IWC) Wage Order due to a company policy, practice or procedure that allegedly failed to provide aggrieved employees with seating when their job duties reasonably permitted sitting while working.

  • Failure to pay overtime

  • Failure to pay for all hours worked

  • Failure to keep accurate wage and hour records

  • Failure to provide required meal breaks

  • Failure to provide required rest periods

What is the PAGA or Private Attorney General Act?

In addition to bringing individual claims, plaintiffs can sue under PAGA for alleged employment law violations. The Private Attorney General Act (PAGA) is a California statute enabling workers to file suit against their employees for labor law violations. Using PAGA, California workers can act as private attorneys general and seek civil penalties as if they were a state agency. The statute was designed to allow citizens to be deputized to enforce labor code and was created in response to California state’s limited resources. Under PAGA, employees can step into state regulators' shoes to seek civil penalties and receive a portion of the amount they recover as compensation. Civil penalties recovered under PAGA are split, with 25% going to employees and 75% going to California.                                        

If you need to talk to someone about overtime violations or if you need to file a California overtime lawsuit, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.