About the Class Action Lawsuit
On March 3, 2020, a proposed Class Action lawsuit was filed against Incredible Marketing, and its principals, Sam Peek and Dave Sveen, by three former employees (the "Class Representatives") on behalf of all former and current employees who worked for Incredible Marketing at any time from March 3, 2016, to the present (the "Class Period").
In the lawsuit, the Class Representatives claim that Incredible Marketing regularly violated California wage and hour laws, including failing to pay all earned wages, including overtime pay, failing to provide lawful wage statements and the Wage Theft Prevention Act Notice, failing to maintain workers compensation insurance, as well as failing to provide lawful meal periods and permit lawful rest periods.
Further, the Class Representatives allege that, for a period of time during their employment, Incredible Marketing misclassified its employees as "Independent Contractors" and, based on this erroneous classification, the employer falsely claimed that its employees were not entitled to rest breaks, meal breaks, overtime wages, as well as other unlawful practices.
Incredible Marketing's Labor Law Violations
In the lawsuit, the Class Representatives allege that Incredible Marketing, and its principals, Sam Peek and Dave Sveen, committed unlawful labor practices in the State of California by:
- Not paying the proposed class members all of their earned minimum wages and overtime wages;
- Not paying all earned overtime for shifts worked in excess of 8 hours in a day or 40 hours in seven-day period);
- Not timely paying all earned wages
- Not timely paying all earned wages when the person’s employment ended;
- Not providing accurate and lawful wage statements;
- Not authorizing and permitting paid 10 consecutive minute uninterrupted rest period for shifts worked in excess of 3.5 hours or a second rest period for shifts in excess of 6 hours;
- Not providing 30 consecutive minute uninterrupted meal periods for shifts worked in excess of 5 hours or a second meal period for shifts in excess of 10 hours;
- Not compensating for necessary business expenses;
- Misclassifying employees as independent contractors;
- Not maintaining Workers Compensation Insurance;
- Not providing the proposed class members the required California Wage Theft Prevention Notice; and
- Further, it is alleged that Defendant’s violations of California labor laws warrant the imposition of civil penalties against the Incredible Marketing pursuant to the Private Attorney General Act (PAGA)
The Law
- CALIFORNIA LAW REQUIRES INCREDIBLE MARKETING TO ALLOW YOU TO TAKE AN UNINTERRUPTED PAID TEN CONSECUTIVE MINUTE REST PERIOD WHEN YOU WORK MORE THAN 3.5 HOURS IN A SHIFT. YOU GET A SECOND REST PERIOD IF YOU WORK MORE THAN 6 HOURS, AND A THIRD 10 MINUTE REST PERIOD IF YOU WORK MORE THAN 10 HOURS.
REST PERIOD: (A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 ½) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
(B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee's regular rate of compensation for each work day that the rest period is not provided.
CALIFORNIA LAW REQUIRES INCREDIBLE MARKETING TO PROVIDE YOU A THIRTY CONSECUTIVE MINUTE, UNINTERRUPTED MEAL PERIOD WHEN YOU WORK MORE THAN 5 HOURS IN A SHIFT. THEY CANNOT ASK YOU TO WAIVE THIS RIGHT, ALTHOUGH YOU HAVE THE RIGHT TO WAIVE THE MEAL PERIOD IF YOU WORK NO MORE THAN 6 HOURS IN YOUR SHIFT. YOU ARE ENTITLED TO A SECOND THIRTY MINUTE UNINTERRUPTED MEAL PERIOD WHEN YOU WORK MORE THAN 10 HOURS IN A SHIFT.
MEAL PERIOD: (A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than thirty (30) minutes, except that when a work period of not more than six (6) hours will complete the day's work the meal period may be waived by mutual consent of the employer and employee. Unless the employee is relieved of all duty during a thirty (30) minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
(B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee's regular rate of compensation for each work day that the meal period is not provided.
CALIFORNIA LAW REQUIRES INCREDIBLE MARKETING TO PAY YOU 1 AND 1/2 TIMES YOUR REGULAR RATE OF PAY FOR EACH SHIFT YOU WORK IN EXCESS OF 8 HOURS IN A GIVEN DAY OR 40 HOURS IN A GIVEN WEEK. FURTHER, INCREDIBLE MARKETING IS REQUIRED TO PAY YOU TWICE YOUR REGULAR RATE OF PAY FOR EACH SHIFT YOU WORK IN EXCESS OF 12 HOURS IN A GIVEN DAY OR IN EXCESS OF 8 HOURS ON A SEVENTH CONSECUTIVE DAY OF WORK.
OVERTIME: LC 510. (a) Eight hours of labor constitutes a day's work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.
CALIFORNIA LAW REQUIRES INCREDIBLE MARKETING TO PAY ITS EMPLOYEES ALL OF THEIR EARNED WAGES ON THE DAY THEY ARE DISCHARGED OR, IF THE EMPLOYEE QUITS, WITHIN 72 HOURS.
LAST PAYCHECK: LC 201. (a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.
LC 202. (a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting.
LC 203. If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. (Source: Labor Code)
CALIFORNIA LAW REQUIRES INCREDIBLE MARKETING TO PROVIDE ITS EMPLOYEES ACCURATE WAGES STATEMENTS WHICH PROVIDE THE STATUTORILY REQUIRED INFORMATION.
WAGE STATEMENT: LC 226. (a) Every employer shall, semimonthly or at the time of each payment of wages, furnish each of his or her employees, either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately when wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except for any employee whose compensation is solely based on a salary and who is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission ... (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee... and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee. The deductions made from payments of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement or a record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. (e) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not exceeding an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney's fees.
CALIFORNIA LAW REQUIRES INCREDIBLE MARKETING TO REIMBURSE ITS EMPLOYEES FOR ALL REASONABLY NECESSARY EXPENSES THEY INCUR TO DO THEIR JOB.
Labor Code 2802(a): An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
CALIFORNIA LAW REQUIRES INCREDIBLE MARKETING TO PROVIDE ITS EMPLOYEES A WAGE THEFT PREVENTION ACT NOTICE AT THE TIME OF HIRING.
Lab Code Section 2810.5 (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:
- (A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.
- (B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
- (C) The regular payday designated by the employer in accordance with the requirements of this code.
- (D) The name of the employer, including any “doing business as” names used by the employer.
- (E) The physical address of the employer’s main office or principal place of business, and a mailing address, if different.
- (F) The telephone number of the employer.
- (G) The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
- (H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.
Latest News
On January 30, 2024, the Court ordered all employees who worked for Incredible Marketing, at any time between March 3, 2020 to the present (the "Class Period"), to receive a Notice informing them of the lawsuit and the claims asserted (the "Notice"). If you worked for Incredible Marketing during the Class Period, you should have received the Notice. If you did not, you may contact the attorneys identified below to receive a copy.
Investigation
Your assistance in our investigation of the claims against Incredible Marketing is critical to our ability to recover the money Incredible Marketing, Sam Peek, and Dave Sveen may owe you.
For this reason, given the ongoing questions about Incredible Marketing's policies, IF YOU WORKED FOR INCREDIBLE MARKETING FROM MARCH 3, 2016 TO THE PRESENT, PLEASE CONTACT US AS SOON AS POSSIBLE USING THE FORM BELOW!!!