A California Marriott resort is being sued by one of its former employees for violations of wage laws, including not paying overtime, failing to provide meal and rest periods, failing to pay wages after an employee leaves, and failure to provide accurate wage and hour statements. The suit seeks class action status to cover other employees at the resort who were subjected to Marriott’s alleged unlawful practices.
Rogelio Avina worked at Marriott’s Newport Coast Villas from 2011 through 2015, according to the complaint. His job duties included assisting the housekeeping staff in preparing and cleaning rooms and suites following guests’ departures.
Avina claims that Marriott required that rooms be cleaned and ready for new guests during the eight-hour shift provided. He also claims that Marriott did not employ enough workers to accomplish this so that “there was a rush to work without any breaks and after clocking out.” Workers were threatened with dismissal if they did not complete the tasks during their shifts.
Avina also claims “in addition to working through rest breaks and meal periods,” he was “required to punch out and return to work and finish his work steadily, after the meal breaks or the eight (8th) hour.”
Instead of allowing workers to take overtime to complete their duties – and pay them time and a half as required by law – “employees were intimidated by management and coerced into clocking out and continuing work in order to finish their cleaning tasks for the day.”
As a result, Avina claims Marriott did not pay him all the wages to which he was entitled. He also claims he did not receive payment for wages earned following his dismissal and that Marriott failed to provide accurate wage statements, contrary to law.
The suit seeks class action status to include all non-exempt employees who worked at Newport Coast Villas during the four years prior to commencement of the suit through he time of trial. The case was filed by Zorik Mooradian in the Superior Court for Orange County.
Image Source: Mike Mozart