SAN FRANCISCO — A San Francisco employment law firm has filed a class-action lawsuit against Fairfield, Calif.-based East Bay Tire Co., alleging the company undercalculated employee overtime pay deliberately and withheld other benefits.
The firm, Blumenthal Nordrehaug Bhowmik De Blouw L.L.P., filed the complaint June 14 before the Solano County, Calif., Superior Court, on behalf of Rodwin Valentino and other East Bay Tire employees.
East Bay Tire declined to comment on the case.
According to the complaint brief, East Bay Tire violated the Private Attorney General Act, which — according to the California state government website — is a state law that allows employees to file lawsuits to recover civil penalties on behalf of themselves, other employees and the State of California for state labor-code violations.
The suit describes Mr. Valentino as an hourly employee of East Bay Tire from 2013 to July 2, 2018.
According to the complaint, East Bay Tire:
- Failed to provide employees proper credit for all the hours they worked;
- Failed to properly record and provide legally required meal and rest periods; and
- Failed to pay wages when due.
"(This) thereby gives rise to statutory penalties as a result of such conduct," Blumenthal Nordrehaug said in a June 23 press release.
The suit seeks a permanent injunction against East Bay Tire, payment of all wages and benefits the company allegedly withheld, and compensatory damages, among other relief. The suit claims the "amount in controversy" for the aggregate claim of California class members is "under $5 million."
East Bay Tire President Joseph Pehanick issued a statement saying the company had received the complaint and engaged counsel to respond.
“East Bay Tire Co. is committed to holding our organization to the highest standards of business operations and management practices,” Mr. Pehanick said. “This has always been our benchmark for performance in our family-owned business now over 70 years strong.”
East Bay Tire is a family-owned commercial tire distributor, retreader, wholesaler and private brand distributor with operations in Arizona and Hawaii in addition to those in California.