CALIFORNIA ALCLEAR AMBASSADORS CLASS ACTION LAWSUIT FOR BAD PAY STUBS AND OVERTIME

June of 2018 employees of Alclear filed a putative class action lawsuit in the complex division of the Los Angeles Superior Court on behalf of all California ambassadors. Alclear employees referred to as, Ambassadors sued because their paystubs violate the California Labor Code. These hourly sales persons, who work at the airport, 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 earned 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 across California would be class members in this lawsuit if it gets certified as a class action.

Alclear ambassadors who work, or have worked in the last four years, at either the San Francisco International Airport SFO), San Jose International Airport (SJC), or Los Angeles International Airport (LAX) should contact the Employment Lawyers Group at (877) 525-0700 for more information about the putative class action lawsuit against Alclear for unpaid wages.



The class (group) of Alclear workers who would be in the class action lawsuit for violatory paystubs and a failure to pay overtime 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.

ALCLEAR PAY STUBS VIOLATE THE LABOR CODE

California Labor Code Section 203 requires the employer to pay the employee's wages for up to 30 days, or until the employer, pays the employees all owed wages. Because the Alclear ambassadors were not paid for all of their overtime and double and/or at the right rates of pay they were not paid all of their wages if they jobs ended by termination or quitting.

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. Because hours are repeated as both regular hours, overtime hours, double time hours, holiday pay, and any other type of hours these hours are in many cases doubled on the paystubs to show far too many hours worked per week. The ambassadors are not able to determine, by looking at their paystubs, how many hours they worked, how many hours they are being paid for, and whether they are being paid the correct hourly rates.

The former ambassadors who filed the lawsuit will amend it to include Private Attorney General (PAGA) 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. The PAGA violations could equal $1,800 in total per employee, per pay period. This is $450.00 per pay period in potential damages for each member of the PAGA group and/or PAGA class.

THE PAY STUBS FOR CALIFORNIA AMBASSADORS AT ALCLEAR VIOLATE THE LABOR CODE

California Labor Code Section 226 provides a $100.00 penalty for each paystub that does not comply with California law. California Labor Code Section 226 violations are found if the wrong number of hours are reported on a paystub, or the wrong rates of pay are reported on a paystub. The Alclear putative class action seeks a $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. If there is a set rate for a certain type of commission the paystubs should state what that rate is and how many sales are being paid at that rate. Moreover, those commission payments are not used to properly calculate overtime or double time.

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 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, but not due to commissions. 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).

Alclear employees are advised to print their paystubs out while they are still employed. It does not appear possible to print the paystubs outside of work. Once the employee stops working at Alclear, it is not clear whether they can access their paystubs. This is not in the spirit of California Labor Code Section 226.

CALL (877) 525-0700 IF TO SPEAK TO A WAGE LAWYER ABOUT ALCLEAR UNPAID WAGE AND PAY STUB VIOLATIONS

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. Alclear employees are encouraged to obtain as many time cards as they can while they are still employed. It is unlikely they will have access to this information after their employment ends.

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 usually 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 paid for commissions. Attorney analysis demonstrates Alclear did not include commission earnings in the rates paid for overtime and double time.

The Employment Lawyers Group would like to speak to as many Alclear ambassadors as possible and review their paystubs. Paystubs are like x-rays to a wage and hour attorney. By examining a paystub we can determine what labor violations have occurred. So far, on the paystubs we have seen it does not appear overtime is being paid based upon commissions. Overtime is not merely based upon the hourly rate an employee earns.

The California Alclear overtime putative class action alleges overtime and double time paid did not include commissions the ambassadors earned. The proposed class representatives were not paid for all overtime and double time hours worked. There are issues with whether time records match the hours on the checks. 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 class representatives 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 (877) 525-0700 so we can make sure we understand all underpayment of wage issues for Alclear ambassadors.

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