Full Title - Chua v. Acumen Fiscal Agent
Court - San Diego County Superior Court
Number - 37-2021-00052766-CU-OE-CTL
Status - Pending
Who does this case affect?
All individuals currently or formerly employed by Acumen Fiscal Agent in the State of California as hourly non-exempt employees at any time from December 17, 2017 through the time of trial in this action.
What are the allegations?
The complaint alleges (1) failure to pay wages (overtime, minimum wage); (2) failure to provide meal periods; (3) failure to permit rest breaks; (4) failure to pay all wages due within the required time and upon separation of employment (waiting time penalties); (5) failure to furnish accurate wage statements; (6) unfair business practices; and (7) civil penalties under the Private Attorneys General Act (PAGA).
Plaintiff alleges Acumen Fiscal Agent, LLC paid regular straight time hourly wages to Class Members for hours worked in excess of 40 in a workweek and 8 in a workday, which is illegal. Plaintiff also alleges Acumen did not pay Labor Code § 226.7 premiums at the regular rate of compensation for non-compliant meal periods and rest periods – including late, short, and missed meal periods evident on the face of Acumen’s employment and payroll records. Additionally, it is alleged Acumen failed to allow employees to accrue paid sick leave and Covid Supplemental Paid Sick Leave. As a result of these violations, Acumen allegedly failed to timely pay Class Members each pay period on paydays and upon separation of employment and thus are liable for waiting time and other statutory penalties.
ComplaintChua v. Acumen Fiscal Agent - First Amended Class and Representative Action Complaint
What can you do?
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