San Bernardino, California
January 25, 2022
Tina Mae Avila-Scott, a former manager, and Alan DeLeon, a former garage door installer, have now filed suit against their former employer, Colton Group Inc., which operates as On Trac Garage Door Company (“On Trac”). In their complaint filed on October 13, 2021, Case Number CIVSB2129415 in San Bernardino County Superior Court, Avila-Scott and DeLeon allege that their former employer knowingly engaged in a campaign to deny them and other employees’ wages owed to them.
Their lawsuit alleges that On Trac was managed in such a way that employees could not properly complete their work without losing wages they were legally entitled to. Plaintiff Avila-Scott alleges this took the form of missed breaks and uncompensated overtime, by way of phone calls or physical interruptions to both her legally-required breaks and her post-work private time via questions from coworkers. Plaintiff Avila-Scott claims that these interruptions prevented her from enjoying her personal time and constituted additional work for which she was not compensated.
Plaintiff DeLeon alleges that the point system the company used to compensate installers was designed with an inconsistent range of points, which were cryptic and subject to the whims of his employer. DeLeon alleges that he and other installers were required to punch in, but that their work times were not accurately captured thereafter. DeLeon also claims that he and other aggrieved employees would not be compensated for travel time between worksites, let alone compensated for any work that was not compensated on the piece-rate point system. Like Plaintiff Avila-Scott, Plaintiff DeLeon also claims that rest breaks and overtime were also not separately compensated, and as such, rest breaks and overtime premiums were not properly provided by law, let alone compensated in accordance to California law.
Both Plaintiffs allege that On Trac had other policies that violate the California Labor Code.
Avila-Scott and DeLeon are represented by attorneys Kyle Todd, Esq. and Alfredo Nava, Esq. of Kyle Todd, P.C. Requests for comment can be directed to Mr. Todd, at (323) 208-9171 or firstname.lastname@example.org.