Ulta Salon, Cosmetics & Fragrance, Inc. is the defendant in a proposed collective action in California over the company’s alleged failure to pay proper overtime and provide employees with accurate, itemized wage statements. Initially filed in December 2017 and recently removed to federal court, the lawsuit charges that Ulta violated California Labor Code “intentionally and with deliberate indifference” to the rights of its employees.
The wage statements provided to Ulta employees violated state law in that they failed to accurately identify all applicable hourly rates and hours worked during a given pay period, the lawsuit says. As an example, the suit claims the plaintiff received a wage statement from the defendant that incorrectly identified her “double time” pay rate as $10.50 per hour when it should’ve been $21. Furthermore, the overtime pay rates detailed on the plaintiff’s wage statements supposedly failed to account for additional non-discretionary wages, such as tips.
The plaintiff further charges that she received her final wages later than she legally should have. According to the suit, the plaintiff provided Ulta with two weeks’ notice of her intention to quit, informing the company on October 13, 2017 of her requested separation date of October 27. Ulta refused to allow the plaintiff to work until October 27, instead allowing the woman to work only until October 24, according to the case. The woman allegedly did not receive her final wages until October 27, despite the California Labor Code requirement that employers remit a workers’ final wages at the time of separation.
The suit seeks to cover four distinct classes:
Regular Rate Class, consisting of all current and former non-exempt Ulta employees who worked for the company in California at any time between November 13, 2013 and the present who “received overtime pay and non-discretionary pay in the same pay period, including without limitation, tips and/or commissions”;
Double-time Wage Statement Class, which includes all past and present California Ulta employees who between November 13, 2016 and the present “received itemized wage statements and were paid any double-time wages”;
Regular Rate Wage Statement Class, comprised of all current and former California Ulta employees who worked for the company between November 13, 2016 and the present who received itemized wage statements and worked overtime while earning non-discretionary pay in the same period, including tips and/or commissions; and
203 Class, consisting of all Ulta employees in California who worked for the company between November 13, 2014 and the present whose employment was separated for any reason and who received any wages after the end of their employment.