Workman Law

Stilwell v. First Alarm


Plaintiff worked with First Alarm ("Defendant") as a salesman and was paid, in part, through commissions.  In his complaint, Plaintiff alleges that he was required to drive his personal vehicle for work related purposes during his employment with Defendant.  Plaintiff further contends that Defendant failed to reimburse Plaintiff and all similarly situated California employees for all the work related expenses incurred in violation of Labor Code section 2802.  With respect to operation of the personal vehicles, Plaintiff contends that Defendant’s system to reimburse its California employees for driving their personal vehicles for work-related purposes does not reimburse employees in full for all costs incurred, and therefore violates Labor Code section 2802.  Plaintiff also contends that Defendant failed to furnish him, and those similarly situated employees, with accurate wage statements as required by Labor Code section 226.  Plaintiff's complaint also alleges that although Plaintiff, and those similarly situated employees were not just paid a salary, as their compensation also included commissions, Defendant did not set forth on the wage statements the hours worked as required by section 226(2).

On December 8, 2016, the Court certified this case as a Class Action.  Class Notice was mailed to class members on December 21, 2016, and class members have until January 20, 2017, to exclude themselves from the class.  A copy of the Class Notice can be obtained below.

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