ALCLEAR EMPLOYEE CLASS ACTION

California employees of Alclear filed a putative class action lawsuit in the complex division of the Los Angeles Superior Court. Alclear employees referred to as, “Ambassadors” have sued for paystubs that violate the California Labor Code. These airport sales persons also sued for not being paid all overtime or double time and/or the hourly rates they were paid for the overtime and double time were not paid at hourly rates that included how much they earn per hour in commissions. These labor violations are still occurring. The putative class action lawsuit seeks to recover damages, into the future, for Alclear ambassadors.

Alclear ambassadors who work, or have worked in the last four years, at Los Angeles International Airport (LAX), San Francisco International Airport SFO), and San Jose International Airport (SJC) should contact the Employment Lawyers Group at (323) 525-1600 for more information about the putative class action lawsuit against Alclear for unpaid wages.

The Alclear class of wronged employees has been preliminarily defined in the putative class action lawsuit as : Class definition: Defendant's [Alclear is the Defendant] nonexempt California ambassadors whose paystubs have their total hours wrongfully reported, their overtime and/or double time rates were reported wrong, the number of hours reported on the paystubs do not match time records, the paystubs fail to specify the correct number of piece rates and amounts per piece in the breakdown for commission pay, their overtime and/or double time rates were reported at the wrong hourly rates of pay which created violations for failure to pay the correct overtime and/or double time rates, and for California Labor Code Section 203 penalties if their employment ended and they were not paid for all overtime and/or double time worked and/or not paid for it at the correct hourly rates within the time periods designed by California Labor Code Sections 201 and 202.

The putative Alclear class action lawsuit seeks damages for unpaid overtime, double time, and California Labor Code Section 226 penalties for paystubs that fail to show the actual number of hours the California ambassadors worked.

The former ambassadors who filed the lawsuit will amend it to include Private Attorney General (PAGA) [THE WORD PAGA SHOULD GO THROUGH TO THIS https://employeelawca.com/Californiawagelawyer] penalties once the requisite 65 days passes from the date they filed charges with the Department of Labor Standards Enforcement. PAGA penalties are penalties normally only recoverable by the government. In private enforcement actions 25% of the penalties go to the employees who were subjected to the underlying California Labor Code violations.

ALCLEAR PAY STUBS VIOLATE THE LABOR CODE

California Labor Code Section 226 provides a $100.00 penalty for each paystub [for the word paystub https://employeelawca.com/pay-stub-lawyer] that does not comply with California law. California Labor Code Section 226 violations are found it the wrong number of hours are reported on a paystub, or the wrong rates of pay are reported. The Alclear putative class action seeks the $100.00 penalty for each paystub in which the correct rate of pay was not shown, the correct number of hours was not shown, the amount of commission paid and number of commissions at that rate are not on the paystub in a manner enabling the Alclear ambassador to determine who many commission sales and at what rate they were paid..

On employee paystubs, iinstead of lumping all regular hours together Alclear shows these hours for each week on a two week paystub. Overtime is shown for each week at a regular rate of pay but it is called overtime which is not correct because the regular rate of pay is not an overtime rate. The Employment Lawyers Group suspects the, “Coefficient O.T.” on the checks is supposed to be the ½ extra hourly rate for overtime (this is only apparent to a sophisticated wage and hour lawyer after approximately 1 hour of going through calculations and analysis). However, the hourly rates shown on the checks are not always an additional $6.50 an hour for $13.00 an hour employees, nor does the overtime rate comport with an overtime rate based upon commissions. The amounts change. The hours do not correspond to the overtime hours on the check. The checks report too many hours worked, do not over pay, and therefore violate California Labor Code Section 226(2).

CALL (323) 525-1600 IF YOU THINK ALCLEAR OWES YOU WAGES

California Labor Code Section 226(2) violations also exist on Alclear paychecks because the number of hours on the paychecks do not correspond to the number of hours on the time cards as worked.

California Labor Code Section 226(2) violations further exist because there is a notation of, “O.T. Lookback” which fails to state a number of hours or a rate of pay and merely gives a total. What, “O.T. Lookback” is nobody knows.

To the extent Alclear ambassadors have earned commissions (which is always the case) their overtime or double time rates are not based upon their commissions. The number of hours for which the overtime and double time rate should be adjusted due to commission pay is not on the checks. Additionally, the number of units sold each have a commission value. The paystubs do not show the number of units sold (number of pieces) or the amount paid per piece that constitute the gross sums for commissions. Therefore, California Labor Code Section 226(3) is violated.

Alclear's paychecks violate California Labor Code Section 226(9) because all applicable hourly rates do not correspond to all hours worked. Instead, the rates of pay are wrong and the number of hours are wrong. The checks also report regular work as, “Holiday” when it is not because time punches show Plaintiffs to the lawsuit punched in and out and are paid their normal $13.00 an hour. The way the paystubs are, it is not possible to figure out what rates of pay are being paid for overtime and double time or what rates of pay are being paid for anything by dividing the number of hours into the sum totals on the checks for all hours worked.

ALCLEAR OVERTIME PAY CLASS ACTION FOR AMBASSADORS

California law requires that hourly rates of pay for overtime and double time include hourly averages of all earned commissions. In other words, commission earnings go into overtime pay. The Alclear ambassadors earned commissions. Some earned substantial commissions. Their paystubs do not show how much per hour is devoted to commissions. It does not appear Alclear included the commissions in the rates paid for overtime and double time.

The California Alclear overtime putative class action alleges overtime and double time paid did not include commissions the ambassadors earned. The proposed class representatives claim they were not paid for all overtime and double time hours worked. California Labor Code Section 1194 requires the Plaintiffs (the class representatives and the class if it is certified) to receive overtime and double time as well as California Labor Code Section 510 based upon all consideration that constitutes their regular hourly wages such as commissions.

For the overtime and double time theory of the case, the Plaintiffs seek relief under California Labor Code Section 1194 including unpaid overtime, double time, attorney fees, and costs. If the case is certified as a class action Plaintiffs seek to represent all California ambassadors on the issue of underpaid overtime and double time.

In order for the Employment Lawyers Group to best represent the potential class of Alclear ambassadors it is important they speak to as many ambassadors as possible. Please contact our office at (323) 525-1600 so we can make sure we understand all issues of underpayment of wages at Alclear.