Mossy Automotive Accused of Failing to Pay Full Wages
/Mossy Automotive is facing a wage and hour class action lawsuit alleging that the car dealer failed to pay its workers all their wages; the case spotlights potential systemic wage and hour issues.
The Case: David Bratt vs. Mossy Automotive
The Court: San Diego County Superior Court of the State of California
The Case No.: 24CU002277C
The Plaintiff: David Bratt vs. Mossy Automotive
The plaintiff, David Bratt, started working for Mossy Automotive in January 2023. Bratt worked for Mossy Automotive as a nonexempt hourly employee with non-discretionary bonuses. As such, he was entitled to minimum wage, overtime pay, meal breaks, and rest periods as outlined by labor law. He filed a class action complaint against the California employer, alleging they failed to compensate him for all his hours. According to the lawsuit, some nonexempt, exempt, piece-rate based, or commission-based employees from July 22, 2020, to the present may have been entitled to additional separate hourly compensation for the time they spent working on non-sales related job duties during their Mossy Automotive shifts.
The Defendant: David Bratt vs. Mossy Automotive
The defendant, Mossy Automotive, is a family-owned dealership providing automobiles, parts, and services for Nissan, Toyota, Ford, VW, Honda, Mitsubishi, and Infiniti vehicles in the San Diego area. According to the class action lawsuit, Mossy Automotive engaged in multiple wage and hour violations: failing to pay minimum wage and overtime wage, failing to provide meal breaks and rest periods, failing to provide reimbursements for business expenses, failing to provide wages on time, and failing to provide accurate itemized wage statements. These allegations constitute violations of numerous labor laws, including unfair competition in violation of California Labor Code Sections §§ 201, 202, 203, 204, 206.5, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198 & 2802
How to Respond If Your Employer Doesn't Pay You the Wages You Deserve:
California employees who believe they aren't receiving their full wages per labor laws can take action through these simple steps:
Look at Your Pay Stubs: Keep an eye on your pay stubs so you are aware of any discrepancies.
Know Your Employment Terms: If you have an employment contract, refresh your memory of the terms of your employment and make sure you understand the terms.
Track Your Hours: Keep a detailed record of your work hours, including overtime.
Report Any Issues to HR: Initially address your concerns about discrepancies between your records and the company's records with the HR department; an internal resolution is the quickest outcome.
Join the Class Action: If there is already a class action in progress, and your issue mirrors your colleagues, consider joining the class action.
Seek Legal Counsel: Talk to an employment lawyer about filing a wage and hour claim.
These steps can help you actively pursue the full compensation you are entitled to while contributing to broader efforts to address systemic pay issues in the workplace.
The Case: David Bratt vs. Mossy Automotive
The lawsuit alleges Mossy Automotive failed to provide workers with all the wages they were due; which is an alleged California Labor Cod violation. The case, David Bratt vs. Mossy Automotive, is currently pending in the San Diego County Superior Court of the State of California.
If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.