SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SANTA CLARA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 Scott A. Miller, Esq., SB # 0 Bonnie Fong, Esq., SB # LAW OFFICES OF SCOTT A. MILLER A Professional Law Corporation 0 Ventura Blvd. Suite 0 Sherman Oaks, CA 0 Tel. ( -01 Kelly Ann Buschman, SB # LAW OFFICES OF SCOTT A. MILLER A Professional Law Corporation 00 Autumn Hills Drive Reno, Nevada Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SANTA CLARA McGyver Rosales, on behalf of himself and all others similarly situated and on behalf of the general public, Plaintiff, v. California Wireless Solutions, Inc., and DOES 1-0, Defendants. 1 Case No.: CLASS AND REPRESENTATIVE ACTION JURY TRIAL DEMANDED PLAINTIFF'S CLASS ACTION COMPLAINT FOR: 1Failure to provide meal periods under Labor Code.,, and IWC Wage Order -01; Failure to pay overtime wages at the proper rate for all overtime hours worked under Labor Code,, 1(a, 1 and IWC Wage Order -01; Failure to provide an Accurate, Itemized Wage Statement under Labor Code (a Waiting Penalties Under Labor Code ; Business & Professions Code 0 Penalties Pursuant to Labor Code

2 Comes now Plaintiff McGyver Rosales ( Plaintiff on behalf of himself and all others similarly situated and the general public and alleges: JURISDICTION AND VENUE 1. This Court has jurisdiction over the claims alleged herein pursuant to California Labor Code, (a,.,,,, 1(a, 1, set seq., IWC Wage Order - 01, and California Business & Professions Code 0.. Venue is proper in this Court because the Defendant is located within this judicial district. PARTIES AND BACKGROUND. Plaintiff McGyver Rosales is a resident of Sacramento, California and at all times relevant herein was employed by Defendant in California as a Sales Associate.. Defendant California Wireless Solutions, Inc. is a California Corporation, registered with the California Secretary of State, doing business within the State of California. Defendant operates retail locations throughout California and other locations retailing wireless productions and services to its customers.. Plaintiff and all others similarly situated, are or were employed by Defendant as Sales Associates in the State of California within the three years preceding the filing of this Complaint and have been subject to Defendant s illegal practices of which Plaintiff and all others similarly situated were not provided meal breaks in violation of California Labor Code.,, and IWC Wage Order -01. Specifically, the named representative and putative class members and aggrieved employees regularly worked over six ( hours in a workday without receiving a thirty minute meal period. On the days the named representative and putative class members and aggrieved employees worked over six ( hours without

3 receiving a meal period, they were not provided an extra hour of pay by California Wireless Solutions, Inc. as provided by IWC Wage Order -01( at the employees regular rate of pay for each missed meal period. Additionally, the named representative, putative class members and aggrieved employees did not sign a waiver of their meal periods. The named Representative, putative class members and aggrieved employees were regularly told by their managers to clock out, but continue working through their lunch breaks.. Plaintiff McGyver Rosales and putative class members and aggrieved employees are or were employed by Defendant as Sales Associates in the State of California within the four years preceding the filing of this Complaint and have been subject to Defendant s illegal practices of failure to pay overtime wages for all overtime hours worked and at the proper overtime rate under Labor Code,, 1(a and 1 and IWC Wage Order -01. Specifically, the named representative and the putative class members regularly worked over eight hours within a workday and over forty hours within a work week, but were not paid one and one half times their regular rate for all overtime hours worked. Additionally, California Wireless Solutions, Inc. did not include the commissions of the named representative and putative class members when calculating the regular rate of pay for purposes of calculating overtime. Additionally, named representative and putative class members regularly worked through their lunch but a thirty minute lunch period was deducted from their hours worked and they were not paid overtime for the time spent working through their lunch on days on which they worked over eight hours per day. This failure by California Wireless Solutions, Inc. to properly pay overtime was willful because the practice continued for a period of several years.

4 . Plaintiff McGyver Rosales and putative class members and aggrieved employees are or were employed by Defendant as Sales Associates in the State of California within the year preceding the filing of this Complaint and have been subject to Defendant s illegal practices of failing to provide Plaintiff, putative class members and aggrieved employees an accurate itemized wage statements that showed the total amount of hours worked and all pay earned within the pay periods in violation of California Labor Code (a. Specifically, because California Wireless Solutions, Inc. failed to pay overtime at the proper rate to the named representative and putative class members, the proper overtime rate was not included on the wage statements of the named representative and putative class members. Additionally, the wage statements did not include time spent working by the named representative and putative class members during their lunch periods, which should have been included on the wage statements as hours worked as well as the additional hour of pay at the employees regular rate of pay was missing from the employees wage statements for missed meal periods. Additionally, the wage statements of the named representative and putative class members did not contain any information as to how the commissions were calculated or the time period in which the commissions were earned. The named representatives and putative class members were injured by this failure to list all overtime hours and corresponding overtime rates because they were not: 1 able to determine how many overtime hours they worked within a pay period and at what rate they should have been paid for the overtime hours worked; and as a direct result of California Wireless Solution, Inc. s failure to include the overtime hours worked and the overtime rate, the named representative and putative class members were not paid overtime wages for all of the overtime hours they worked and at the proper rate; and the named representative and putative class members were not paid an extra hour of wages for

5 each meal period missed. This failure by California Wireless Solutions, Inc. to provide an accurate, itemized wage statement was willful as it was a result of a willful violation to fail to pay overtime and pay the required hour of pay for missed meal periods.. Plaintiff, putative class members and aggrieved employees were employed by Defendant in the State of California as Sales Associates within the year preceding the filing of the Complaint and have been subject to Defendant s illegal practices of failing to pay Plaintiff, putative class members and aggrieved employees all wages owed at the time of termination of employment in violation of California Labor Code. Specifically, as set forth above, California Wireless Solutions, Inc. never paid the named plaintiff, putative class members and aggrieved employees overtime wages for all overtime hours worked during their employment and never paid these employees an hour of wages for each late and/or missed meal period and additionally did not pay the final commission earned and owed to employees who terminated their employment with California Wireless Solutions, Inc. These wages were earned by the named Plaintiff, putative class members and aggrieved employees and were due and owing at the time of the termination of the named Plaintiff s, putative class members and aggrieved employees employment, but were never paid by California Wireless Solutions, Inc. This failure to pay the named Plaintiff, putative class members and aggrieved employees these wages owed was willful because the practice occurred for several years.. Plaintiff does not know the true names of Defendant DOES 1 through 0, inclusive, and therefore, sue them by those fictitious names. CLASS ACTION ALLEGATIONS (CLASS I LABOR CODE.,, and IWC Wage Order -01 (MEAL PERIOD CLASS

6 . Plaintiff brings this action on his own behalf and on behalf of the class of all persons similarly situated.. Plaintiff seeks to represent all aggrieved employees and a class of all employees of Defendant, who at all relevant times herein were employees of Defendant as Sales Associates and have been subject to Defendant s illegal practices of failing to provide Plaintiff and all others similarly situated with meal periods in violation of California Labor Code., and and IWC Wage Order The class Plaintiff seeks to represent consists of at least 0 employees, and likely more, which is so numerous that the joinder of each member of the class is impracticable.. There is a well-defined community of interest in the questions of law and fact affecting the members of Class I Plaintiff seeks to represent. The class members' claims against Defendant involve questions of common or general interest, in that their claims are based on Defendant's implementation and utilization of policy pursuant to which all members of the class were not provided meal periods. These issues are such that proof of a statement of facts common to the members of the class will entitle each member of the class to the relief requested in this Complaint. Specifically, the named representative and putative class members and aggrieved employees regularly worked over six ( hours in a workday without receiving a thirty minute meal period. On the days the named representative and putative class members and aggrieved employees worked over six ( hours without receiving a meal period, they were not provided an extra hour of pay by California Wireless Solutions, Inc. as provided by IWC Wage Order -01( at the employees regular rate of pay for each missed meal period. Additionally, the named representative, putative class members and aggrieved employees did not sign a waiver of their meal periods. The named Representative,

7 putative class members and aggrieved employees were regularly told by their managers to clock out, but continue working through their lunch breaks.. Plaintiff will fairly and adequately represent the interests of the class because the Plaintiff is members of the class and an aggrieved employee and the claims of Plaintiff are typical of those in the class.. Plaintiff requests permission to amend the complaint to include additional class representatives if Plaintiff is deemed not to be an adequate representative of the class. (CLASS II LABOR CODE,, 1(a and 1 and IWC Wage Order -01 (OVERTIME CLASS. Plaintiff brings this action on his own behalf and on behalf of the class of all persons similarly situated and all aggrieved employees.. Plaintiff seeks to represent a class of all employees of Defendant and all aggrieved employees, who at all relevant times herein were employees of Defendant as Sales Associates and have been subject to Defendant s illegal practices of failing to pay Plaintiff and all others similarly situated overtime wages for all overtime hours worked in violation of California Labor Code 1(a. Specifically, the named representative and the putative class members regularly worked over eight hours within a workday and over forty hours within a work week, but were not paid one and one half times their regular rate for all overtime hours worked. Additionally, California Wireless Solutions, Inc. did not include the commissions of the named representative and putative class members when calculating the regular rate of pay for purposes of calculating overtime. Additionally, named representative and putative class members regularly worked through their lunch but a thirty minute lunch period was deducted from their hours worked and they were not paid overtime for the time spent working through

8 their lunch on days on which they worked over eight hours per day. This failure by California Wireless Solutions, Inc. to properly pay overtime was willful because the practice continued for a period of several years.. The class Plaintiff seeks to represent consists of at least 0 employees, and likely more, which is so numerous that the joinder of each member of the class is impracticable.. There is a well-defined community of interest in the questions of law and fact affecting the members of Class II Plaintiff seeks to represent. The class members' claims against Defendant involve questions of common or general interest, in that their claims are based on Defendant's implementation and utilization of policy pursuant to which all members of the class were not paid overtime wages for all overtime hours worked. These issues are such that proof of a statement of facts common to the members of the class will entitle each member of the class to the relief requested in this Complaint.. Plaintiff will fairly and adequately represent the interests of the class because the Plaintiff is a member of the class and the claims of Plaintiff are typical of those in the class.. Plaintiff requests permission to amend the complaint to include additional class representatives if Plaintiff is deemed not to be an adequate representative of the class. (CLASS III LABOR CODE (WAITING PENALTY CLASS. Plaintiff brings this action on his own behalf and on behalf of the class of all persons similarly situated and all aggrieved employees.. Plaintiff seeks to represent all aggrieved employees and a class of all employees of Defendant who terminated their employment with Defendant and did not receive all of their wages owed from Defendant at the time of their termination of employment in violation of California Labor Code.

9 . The class Plaintiff seeks to represent consists of at least 0 employees, and likely more, which is so numerous that the joinder of each member of the class is impracticable.. There is a well-defined community of interest in the questions of law and fact affecting the members of Class III Plaintiff seeks to represent. The class members' claims against Defendant involve questions of common or general interest, in that their claims are based on Defendant's implementation and utilization of policy pursuant to which all members of the class terminated their employment with Defendant and did not receive all of their wages owed by Defendant at the time of their termination of employment. These issues are such that proof of a statement of facts common to the members of the class will entitle each member of the class to the relief requested in this Complaint. Specifically, as set forth above, California Wireless Solutions, Inc. never paid the named plaintiff, putative class members and aggrieved employees overtime wages for all overtime hours worked during their employment and never paid these employees an hour of wages for each late and/or missed meal period and additionally did not pay the final commission earned and owed to employees who terminated their employment with California Wireless Solutions, Inc. These wages were earned by the named Plaintiff, putative class members and aggrieved employees and were due and owing at the time of the termination of the named Plaintiff s, putative class members and aggrieved employees employment, but were never paid by California Wireless Solutions, Inc. This failure to pay the named Plaintiff, putative class members and aggrieved employees these wages owed was willful because the practice occurred for several years.. Plaintiff will fairly and adequately represent the interests of the class because the Plaintiff is a member of the class and the claims of Plaintiff are typical of those in the class.

10 . Plaintiff requests permission to amend the complaint to include additional class representatives if Plaintiff is deemed not to be an adequate representative of the class. CLASS IV - LABOR CODE (a (ITEMIZED WAGE STATEMENT CLASS. Plaintiff brings this action on his own behalf and on behalf of the class of all persons similarly situated and all aggrieved employees.. Plaintiff seeks to represent a class of all employees and aggrieved employees of Defendant, who at all relevant times herein were employees of Defendant as Sales Associates in the State of California and have been subject to Defendant s illegal practices of failing to provide Plaintiff and all others similarly situated with an accurate, itemized wage statement in violation of California Labor Code (a. Specifically, because California Wireless Solutions, Inc. failed to pay overtime at the proper rate to the named representative and putative class members, the proper overtime rate was not included on the wage statements of the named representative and putative class members. Additionally, the wage statements did not include time spent working by the named representative and putative class members during their lunch periods, which should have been included on the wage statements as hours worked as well as the additional hour of pay at the employees regular rate of pay was missing from the employees wage statements for missed meal periods. Additionally, the wage statements of the named representative and putative class members did not contain any information as to how the commissions were calculated or the time period in which the commissions were earned. The named representatives and putative class members were injured by this failure to list all overtime hours and corresponding overtime rates because they were not: 1 able to determine how many overtime hours they worked within a pay period and at what rate they should have been paid for the overtime hours worked; and as a direct

11 result of California Wireless Solution, Inc. s failure to include the overtime hours worked and the overtime rate, the named representative and putative class members were not paid overtime wages for all of the overtime hours they worked and at the proper rate; and the named representative and putative class members were not paid an extra hour of wages for each meal period missed. This failure by California Wireless Solutions, Inc. to provide an accurate, itemized wage statement was willful as it was a result of a willful violation to fail to pay overtime and pay the required hour of pay for missed meal periods. 0. The class Plaintiff seeks to represent consists of at least 0 employees, and likely more, which is so numerous that the joinder of each member of the class is impracticable. 1. There is a well-defined community of interest in the questions of law and fact affecting the members of Class IV Plaintiff seeks to represent. The class members' claims against Defendant involve questions of common or general interest, in that their claims are based on Defendant's implementation and utilization of policy pursuant to which all members of the class were not provided an accurate, itemized wage statement from the Defendant. These issues are such that proof of a statement of facts common to the members of the class will entitle each member of the class to the relief requested in this Complaint.. Plaintiff will fairly and adequately represent the interests of the class because the Plaintiff is a member of the class and the claims of Plaintiff are typical of those in the class.. Plaintiff requests permission to amend the complaint to include additional class representatives if Plaintiff is deemed not to be an adequate representative of the class. FIRST CAUSE OF ACTION (Failure to Provide Meal Periods in Violation of California Labor Code.,, and IWC Wage Order -01

12 . Plaintiff hereby incorporates each and every allegation contained above, and realleges said allegations as if fully set forth herein.. California Labor Code. states: (a No employer shall require any employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission. (b If an employer fails to provide an employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided.. California Labor Code states in part: (a An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 0 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than hours per day without providing the employee with a second meal period of not less than 0 minutes, except that if the total hours worked is no more than hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.. IWC Wage Order -01 provides in pertinent part:. Meal Periods (A No employer shall employ any person for a work period of more than five ( hours without a meal period of not less than 0 minutes, except that when a work period of not more than six ( hours will complete the day s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 0 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

13 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 workday that the meal period is not provided. (C In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated.. California Labor Code provides: (a Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: (1 For any initial violation, fifty dollars ($0 for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. ( For each subsequent violation, one hundred dollars ($0 for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. ( Wages recovered pursuant to this section shall be paid to the affected employee. (b If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, or any provision regulating hours and days of work in any order of the Industrial Welfare Commission, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1.1. (c The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.. At all times relevant, Defendant has required Plaintiff, all aggrieved employees and the putative members of Class I to work without receiving the proper meal periods in violation of the Labor Code. Plaintiff and members of Class I did not sign waivers as set forth in Labor

14 Code. Specifically, the named representative and putative class members and aggrieved employees regularly worked over six ( hours in a workday without receiving a thirty minute meal period. On the days the named representative and putative class members and aggrieved employees worked over six ( hours without receiving a meal period, they were not provided an extra hour of pay by California Wireless Solutions, Inc. as provided by IWC Wage Order -01( at the employees regular rate of pay for each missed meal period. Additionally, the named representative, putative class members and aggrieved employees did not sign a waiver of their meal periods. The named Representative, putative class members and aggrieved employees were regularly told by their managers to clock out, but continue working through their lunch breaks. 0. Defendant s failure to provide Plaintiff, all aggrieved employees and the putative members of Class I the proper meal periods violates the California Labor Code, and Plaintiff, on behalf of himself, all aggrieved employees and all putative members of Class I, seeks the maximum amount of compensation available for Defendant s failure to comply with Labor Code. and attorneys fees and costs and penalties. SECOND CAUSE OF ACTION (Failure to Provide Overtime Compensation For All Overtime Hours Worked in Violation of California Labor Code,, 1(a and 1 and IWC Wage Order Plaintiff hereby incorporates each and every allegation contained above, and realleges said allegations as if fully set forth herein.. California Labor Code 1(a states: (a Notwithstanding any agreement to work for a lesser wage,

15 any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney's fees, and costs of suit. (b The amendments made to this section by Chapter of the Statutes of 1 shall apply only to civil actions commenced on or after January 1,.. California Labor Code provides: (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 0 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 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. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1 An alternative workweek schedule adopted pursuant to Section. ( An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section. ( An alternative workweek schedule to which this chapter is inapplicable pursuant to Section. (b Time spent commuting to and from the first place at which an employee's presence is required by the employer shall not be considered to be a part of a day's work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section of the Vehicle Code. (c This section does not affect, change, or limit an employer's liability under the workers' compensation law.. California Labor Code provides: (a Any employer or other person acting on behalf of an

16 employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: (1 For any initial violation, fifty dollars ($0 for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. ( For each subsequent violation, one hundred dollars ($0 for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. ( Wages recovered pursuant to this section shall be paid to the affected employee. (b If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, or any provision regulating hours and days of work in any order of the Industrial Welfare Commission, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1.1. (c The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.. California Labor Code 1 provides: The maximum hours of work and the standard conditions of labor fixed by the commission shall be the maximum hours of work and the standard conditions of labor for employees. The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful.. IWC Wage Order -01( provides in pertinent part:. HOURS AND DAYS OF WORK (A Daily Overtime - General Provisions (1 The following overtime provisions are applicable to employees years of age or over and to employees or years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such employees shall not be employed more than eight ( hours in any workday or more than 0 hours in any workweek unless the

17 employee receives one and one-half (/ times such employee s regular rate of pay for all hours worked over 0 hours in the workweek. Eight ( hours of labor constitutes a day s work. Employment beyond eight ( hours in any workday or more than six ( days in any workweek is permissible provided the employee is compensated for such overtime at not less than: (a One and one-half (/ times the employee s regular rate of pay for all hours worked in excess of eight ( hours up to and including hours in any workday, and for the first eight ( hours worked on the seventh (th consecutive day of work in a workweek; and (b Double the employee s regular rate of pay for all hours worked in excess of hours in any workday and for all hours worked in excess of eight ( hours on the seventh (th consecutive day of work in a workweek. (c The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employee s regular hourly salary as one-fortieth (1/0 of the employee s weekly salary.. At all times relevant, Defendant has required Plaintiff, all aggrieved employees and the putative members of Class II to work more than eight hours in a regular work day and/or forty hours in a work week and has failed to compensate Plaintiff, aggrieved employees and the putative members of Class II for overtime wages for all overtime hours worked after eight within a work day and/or forty within a work week in violation of the Labor Code. Specifically, the named representative and the putative class members regularly worked over eight hours within a workday and over forty hours within a work week, but were not paid one and one half times their regular rate for all overtime hours worked. Additionally, California Wireless Solutions, Inc. did not include the commissions of the named representative and putative class members when calculating the regular rate of pay for purposes of calculating overtime. Additionally, named representative and putative class members regularly worked through their lunch but a thirty minute lunch period was deducted from their hours worked and they were not paid overtime for the time spent working through their lunch on days on

18 which they worked over eight hours per day. This failure by California Wireless Solutions, Inc. to properly pay overtime was willful because the practice continued for a period of several years.. Defendant s failure to provide Plaintiff, all aggrieved employees and the putative members of Class II overtime wages for all overtime hours worked violates the California Labor Code, and Plaintiff, on behalf of himself, all aggrieved employees and all putative members of Class II, seek the maximum amount of compensation available for Defendant s failure to comply with Labor Code,, 1(a, 1 and IWC Wage Order -01, including interest and attorneys fees and costs. THIRD CAUSE OF ACTION (Waiting Penalties Under California Labor Code. Plaintiff hereby incorporates each and every allegation contained above, and reallege said allegations as if fully set forth herein. 0. California Labor Code states: (a If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 1, 1., 1.,, and., 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 0 days. An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment. (b Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.

19 1. Plaintiff, aggrieved employees and all members of Class III whose employment terminated without being paid all wages due are entitled to penalties up to and including 0 days of full pay as waiting penalties. Specifically, as set forth above, California Wireless Solutions, Inc. never paid the named plaintiff, putative class members and aggrieved employees overtime wages for all overtime hours worked during their employment and never paid these employees an hour of wages for each late and/or missed meal period and additionally did not pay the final commission earned and owed to employees who terminated their employment with California Wireless Solutions, Inc. These wages were earned by the named Plaintiff, putative class members and aggrieved employees and were due and owing at the time of the termination of the named Plaintiff s, putative class members and aggrieved employees employment, but were never paid by California Wireless Solutions, Inc. This failure to pay the named Plaintiff, putative class members and aggrieved employees these wages owed was willful because the practice occurred for several years.. Therefore, Plaintiff, on behalf of himself, all aggrieved employees and members of Class III demands payment of waiting penalties for all aggrieved employees and class members whose employment terminated without being paid the proper wages owed. FOURTH CAUSE OF ACTION (Failure to Provide an Accurate, Itemized Wage Statement in Violation of California Labor Code (a. Plaintiff hereby incorporates each and every allegation contained above of this complaint and realleges said allegations as if fully set forth herein.. California Labor Code (a states in part: (a Every employer shall, semimonthly or at the time of each payment of wages, furnish each of his or her employees, either as a

20 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, ( 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 or any applicable order of the Industrial Welfare Commission, ( the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, ( all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, ( net wages earned, ( the inclusive dates of the period for which the employee is paid, ( the name of the employee and only the last four digits of his or her social security number or an employee identification number other than a social security number, ( the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b of Section, the name and address of the legal entity that secured the services of the employer, and ( all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1,, if the employer is a temporary services employer as defined in Section 1., the rate of pay and the total hours worked for each temporary services assignment. The deductions made from payment 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 and the 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. For purposes of this subdivision, "copy" includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision. * * * (e (1 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 ($0 for the initial pay period in which a violation occurs and one hundred dollars ($0 per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($,000, and is entitled to an award of costs and reasonable attorney's fees.

21 * * * (B An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1 to (, inclusive, of subdivision (a and the employee cannot promptly and easily determine from the wage statement alone one or more of the following: (i The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items ( to (, inclusive, (, and ( of subdivision (a. (ii Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate deductions consistent with the requirements of item ( of subdivision (a.. During all times relevant herein, Defendant failed to provide Plaintiff and all others similarly situated with an accurate, itemized wage statement in violation of California Labor Code (a. Specifically, because California Wireless Solutions, Inc. failed to pay overtime at the proper rate to the named representative and putative class members, the proper overtime rate was not included on the wage statements of the named representative and putative class members. Additionally, the wage statements did not include time spent working by the named representative and putative class members during their lunch periods, which should have been included on the wage statements as hours worked as well as the additional hour of pay at the employees regular rate of pay was missing from the employees wage statements for missed meal periods. Additionally, the wage statements of the named representative and putative class members did not contain any information as to how the commissions were calculated or the time period in which the commissions were earned. The named representatives and putative class members were injured by this failure to list all overtime hours and corresponding overtime rates because they were not: 1 able to determine

22 how many overtime hours they worked within a pay period and at what rate they should have been paid for the overtime hours worked; and as a direct result of California Wireless Solution, Inc. s failure to include the overtime hours worked and the overtime rate, the named representative and putative class members were not paid overtime wages for all of the overtime hours they worked and at the proper rate; and the named representative and putative class members were not paid an extra hour of wages for each meal period missed. This failure by California Wireless Solutions, Inc. to provide an accurate, itemized wage statement was willful as it was a result of a willful violation to fail to pay overtime and pay the required hour of pay for missed meal periods.. Defendant s failure to provide Plaintiff, all aggrieved employees and the putative members of Class IV an accurate, itemized wage statement violates the California Labor Code, and Plaintiff, on behalf of himself, all aggrieved employees and all putative members of Class IV, seeks the maximum amount of damages available for Defendant s failure to comply with Labor Code (a, including interest and attorneys fees and costs. FIFTH CAUSE OF ACTION (Unfair Competition Law California Business and Professions Code 0 et. Seq.. Plaintiff hereby incorporates each and every allegation contained above, and reallege said allegations as if fully set forth herein.. California Business and Professions Code 0 states: As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 00 of Part of Division of the Business and Professions Code.

23 . By the conduct set forth above, Defendant has violated the provisions of the California Labor Code. 0. By the conduct described above, Defendant has also violated the provisions of the Unfair Competition Law, Business & Professions Code 0 et seq. for which this Court should issue equitable and injunctive relief pursuant to Business & Professions Code, including restitution of wages wrongfully withheld, labor taken without proper compensation and meal and failing to provide employees with an accurate, itemized wage statement. 1. Plaintiff demands that Defendant make a search of their records and make full restitution for unpaid wages due all employees employed by Defendant within the State of California beginning on the date four years prior to the date of the filing of this Complaint until the date of entry of judgment after trial. SIXTH CAUSE OF ACTION (Penalties - California Labor Code. Plaintiff hereby incorporates each and every allegation contained above, and realleges said allegations as if fully set forth herein.. As a result of the acts alleged above, Plaintiff seeks penalties, on behalf of himself, all aggrieved employees and all putative class members, under California Labor Code, et seq., for Defendant s violation of Labor Code,.,,,, 1, and 1.. Specifically, Plaintiff, all aggrieved employees and the putative class are entitled to penalties in an amount to be shown at the time of trial subject to the following formula: i. For $0 for the initial violation per employee per pay period ii. For $0 for each subsequent violation per employee per pay period

24 . These penalties shall be allocated % to the Labor and Workforce Development Agency (LWDA and % to the affected employees.. Plaintiff sent a certified letter to the LWDA and Defendant as prescribed by Labor Code., on March,. The LWDA did not respond within the statutory time period, indicating that it had no intention of proceeding and giving Plaintiff herein full authority to proceed with this action. Therefore, Plaintiff may commence this action to seek penalties pursuant to Labor Code, et seq. PRAYER FOR RELIEF WHEREFORE, Plaintiff demands judgment against Defendant as hereinafter set forth: 1. For an order of restitution that Defendant pay to Plaintiff, all aggrieved employees and the members of Class I all sums due and owing for failure to pay wages for meal periods not taken, the failure to comply with California Labor Code.,, and IWC Wage Order -01;. For an order of restitution that Defendant pay to Plaintiff, all aggrieved employees and the members of Class II all sums due and owing for failure to pay overtime wages for all overtime hours worked in violation of California Labor Code, 1(a, and 1 and IWC Wage Order -01;. For waiting penalties for Plaintiff, all aggrieved employees and the putative members of Class III of up to and including thirty days of pay as a penalty for Defendant s failure to pay all wages due at the time of termination until the date of entry of judgment after trial as provided by California Labor Code ;. For the maximum amounts provided by California Labor Code (a for Plaintiff, all aggrieved employees and the members of Class IV for failure to

25 provide an itemized wage statement in violation of California Labor Code (a. For penalties pursuant to Labor Code ;. For all interest on any sums awarded as allowed by law;. For all reasonable attorneys fees provided for by any applicable statute;. For all costs of this suit allowed by law;. For any other and further relief that the court deems just and proper. Dated this day of, LAW OFFICES OF SCOTT A. MILLER, APC By: Scott A. Miller Bonnie Fong Kelly Ann Buschman Attorneys for Plaintiff