Ulta Beauty Class Action and FLSA Action and Continuing Investigation
Ulta Beauty Class Action and FLSA Action, Rule 23 Class Action and Investigation
This FLSA action and Rule 23 Class action and continuing investigation involves claims that Defendant, Ulta Salon, Cosmetics & Fragrance, Inc. (hereinafter “Ulta” or Defendant”) did not pay all its non-exempt employees all overtime and straight pay as required under the Fair Labor Standards Act (“FLSA”), in every state, including Illinois, Ohio, Virginia, Washington, except California from 2020 onward (meaning you have worked from 2020 to the present).
The Turner v. Ulta case being handled by Quintilone & Associates and a team lawyers, filed in the United States District Court for the Northern District of Illinois, alleges that Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., Ohio Minimum Fair Wage Standards Act (“OMWFSA”), O.R.C. 4111.01, et seq. and Fed. R. Civ. P. 23 for Ulta’s failure to pay Plaintiff and other similarly-situated employees all earned minimum and overtime wages.
A prior California case of California nonexempt employees received a share of only $1.75 million that worked for the company between August 1, 2014 and October 11, 2019. The judge notes Monday there were 27,767 class members. The operative complaint made claims under the California Labor Code, and the state’s Private Attorney General Act and its Unfair Competition Law. Read more at: https://www.law360.com/articles/1242754?copied=1
Plaintiff, the Collective Members and the Class Members are current and former employees of Ulta. Plaintiff brings this action on behalf of herself and all similarly-situated current and former non-exempt employees of Ulta. The Collective Members are all current and former non-exempt employees, who were employed by Ulta at any time starting three years before this Complaint was filed, up to the present. The Class Members are all current and former non-exempt employees who were employed by Ulta within the state of Ohio at any time starting three (3) years before this Complaint was filed, up to the present.
Under the FLSA and OMWFSA, employers must pay all non-exempt employees an overtime wage premium of pay one and one-half times their regular rates of pay for all time they spend working in excess of forty (40) hours in a given workweek. Ulta failed to pay Plaintiff, the Collective Members and the Class Members one and one-half times their regular rate of pay for all time they spent working in excess of forty (40) hours in a given workweek. Plaintiff therefore brings Class Action and Collective action Complaint pursuant to Fed. R. Civ. P. 23 and 29 U.S.C. § 216(b) for Ulta’s violation of federal and Ohio law as detailed further below.
Plaintiff Turner worked for Ulta as a beauty advisor, cashier, and keyholder, providing customer service for Ulta’s customers. The Collective and Class Members similarly work as stylists, beauty advisors, counter managers, and cashiers on an hourly basis.
Plaintiff and the Class Members were required by Ulta to use their personal phones to watch training videos three (3) to five (5) times per week. Ulta requires all non-exempt employees to watch the vides during regular work hours, including during their meal and rest breaks and other times when they were off-the-clock.
Plaintiff, the Collective Members, and the Class Members were required by Ulta to download the mobile application, WorkJam, onto their personal phones to watch training videos and to clock in and clock out of work. Ulta requires all non-exempt employees to utilize the WorkJam app. See https://www.workjam.com/
At all relative times, Plaintiff, the Collective Members and the Class Members have been subject to Ulta’s policy of requiring Plaintiff, the Collective Members and the Class Members to spend time watching training videos.
Ulta provided gratis boxes with sample size boxes approximately 8 times per year to the stores that had 100% compliance with watching the requires training videos. Ulta knew or should have known that the Plaintiff, the Collective Members and the Class Members to spend time on trainings during rest breaks, meal breaks, and non-shift hours.
As a result, Plaintiff, the Collective Members and the Class Members typically spend 20 minutes or more each shift that goes completely uncompensated. In all instances, Ulta’s failure to compensate Plaintiff, the Collective Members and the Class Members for such time violates the minimum wage provisions of the FLSA and OMFWSA. In all instances wherein Plaintiff, the Collective Members and the Class Members work in excess of forty (40) hours in a given workweek, Ulta’s failure to compensate Plaintiff, the Collective Members and the Class Members for time spent on training videos violate the overtime provisions of the FLSA and OMFWSA.
Ulta requires Plaintiff, the Collective Members and the Class Members to supply their own phones for completing the training videos, for clocking in and out of the timekeeping system, and for interacting with the app, WorkJam. However, Ulta fails to reimburse Plaintiff, the Collective members and the Class Members for such phones. As such, Ulta has violated both the minimum wage and overtime provisions of the FLSA and OMFWSA.
If you have any questions about this investigation, or have issues with unpaid wages, commissions, company charges to your wages, business expenses, off-the-clock work, or any issues with your pay or wages at your current or former employer, please feel free to contact:
QUINTILONE & ASSOCIATES AND RICHARD E. QUINTILONE II ESQ. IS LICENSED TO PRACTICE IN CALIFORNIA ONLY. CASE WILL BE REFERRED TO CO-COUNSEL IF OUTSIDE OF CALIFORNIA
LICENSED IN CALIFORNIA
Richard E. Quintilone II, Esq.
Quintilone & Associates, Orange and Los Angeles Counties, 22974 El Toro Road, Suite 100 Lake Forest, CA 92630, Phone: 949.458.9675
Quintilone & Associates, San Diego, 888 Prospect Street, Suite 200, La Jolla, CA 92037, Phone 619.709.7999 Email: req@quintlaw.com Web https://www.quintlaw.com/
Jerusalem Beligian Esq.
Kabateck LLP, 633 West Fifth Street, Suite 3200 Los Angeles, CA 90071, Phone: 213.217.5000, Email jfb@kbklawyers.com Web https://www.kbklawyers.com/
LICENSED IN OHIO
James Simon, Esq.
Simon Law Firm, 5000 Rockside Road | Liberty Plaza - Suite 520, Independence, Ohio 44131, Email james@simonsayspay.com, 216.816.8696 https://www.simonsayspay.com/
LICENSED IN OHIO AND ILLINOIS
Michael L. Fradin, Esq.
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