Case: Wage & Hour/Unpaid Wages (E.D. Cal.)

A federal district court in California denied WinCo Holdings Inc.’s motion to dismiss a loss prevention agent’s claims of failure to pay wages, including overtime, and meal and rest period violations. She plausibly alleged that WinCo’s time clock rounding policy impermissibly favored WinCo and wasn’t neutral on its face, the court said. She also provided sufficient evidence showing that WinCo improperly failed to include the value of gift cards, used as bonuses, in calculating her regular rate of pay, the court concluded. Further, the court found that, because WinCo failed to relinquish all control over its employees by executing a ...