Nelson Mendieta v. Williams Scotsman, Inc.

I. BACKGROUND

Plaintiff commenced this putative class action in San Bernadino County Superior Court on August 2, 2024. (Complaint (Docket No. 1-1)). Plaintiff alleges that beginning in 2015, he worked for Defendant as a lead driver. (Id. ⁋ 10). Plaintiff alleges that he was paid on an hourly basis as a non-exempt employee and was also compensated through other non-hourly, non-discretionary compensation, including incentives and bonuses. (Id.). Plaintiff was “regularly not provided lawful rest periods” and meal periods, and “also was regularly not provided an additional hour of regular rate wages for a missed, late, or interrupted meal period or rest period but instead paid an additional hour of wages at his base hourly rate of pay.” (Id.). When Plaintiff worked overtime, he was not paid “at the proper multiple of his regular rate.” (Id.). When Plaintiff used sick leave he had accrued, he was paid at his base pay rate, rather than his regular pay rate. (Id.).

Plaintiff alleges this resulted in underpayment because, in certain workweeks, Defendant did not factor in Plaintiff’s “non-base hourly wages or other non-hourly, non-discretionary remuneration in addition to his…