Further, former Intermountain manufacturing engineer Indica Heredia, who filed the lawsuit, alleges the company failed to pay all wages due to employees when they were terminated.
"Intermountain routinely understaffs knowing that scheduled shifts will not permit employees to take their legal meal and rest periods and will require them to work through meal and rest periods as well as off the clock,"the complaint states. Heredia alleges the Louisiana-based hospitality management company had a policy of making its employees work five-hour shifts or longer without a 30-minute meal break within the first five hours or compensation for the missed break and didn't pay all wages due to ex-employees when they were terminated.
Heredia performed routine system testing on Intermountain products, among other duties, and claims he was misclassified as exempt from overtime compensation in violation of California labor law, the complaint states. The lawsuit proposes the class would include current and former hourly, nonexempt employees who worked in the four years preceding the filing of the complaint at hotels owned, managed or operated by Intermountain in California, including Residence Inn, Courtyard Inn, TownePlace Suites, Fairfield Inn & Suites, Hampton Inn & Suites, Hilton Garden Inn and Homewood Suites hotels.
The lawsuit alleges Intermountain Management violated California labor law, specifically that the class, consisting of at least several-hundred employees, was not paid all regular and overtime wages, given meal and rest periods, or provided wage statements and personnel records.
Heredia seeks unpaid wages at time-and-a-half or double-time rates for all overtime work, as well as damages and penalties and a declaratory judgment against the company.
Heredia is represented by Jose Garay of Garay Law.
The case is Indica Heredia v. Intermountain Management LLC et al., case number 5:14-cv-04006, in the U.S. District Court for the Northern District of California.