Wage and Hour Class Action Lawsuit Against Tilly’s Advances

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Tilly’s Inc.’s bid to send a proposed wage and hour class action lawsuit to arbitration has been denied. Although arbitration provisions are included in the Tilly’s employment contracts, these provisions exclude wage and hour lawsuits.

Lead plaintiff Maria Rebolledo, a California resident and former Tilly’s employee, filed the wage and overtime pay class action lawsuit in 2012, alleging that she and other Class Members were not given meal breaks or rest periods during work shifts.

According to a 2001 Tilly’s employee contract, much like the one signed by Rebolledo and other Class Members at  time of employment, a written provision “expressly exclude[d] ‘any matter within the jurisdiction of the California labor commissioner,'” which a wage and hour class action lawsuit would fall under, according to the Fair Labor Standards Act and California labor laws. This would exclude Rebolledo’s case from arbitration and would launch the claim into state or federal court.

Tilly’s legal representative argued that because the California Labor Commission never asserted jurisdiction over Rebolledo’s class action lawsuit, that per the employee contract she must enter into arbitration. However, according to the class action lawsuit, the three-judge panel stated, “to adopt employer’s interpretation we would have to ignore the portion of the agreement defining the exempted claims as ‘matters governed’ by the labor commissioner[.]”

In addition, a second employment agreement between the plaintiff and Tilly’s signed in 2005, also containing language and clauses of arbitration, was deemed unenforceable by the court.

California Labor Laws Concerning Rest and Meal Breaks

The FLSA and California labor laws were established to ensure fair wages and hours, as well as to protect workers from potential danger, exploitation, and abuse by employers. California labor laws also have strict rules governing required employee rest and meal periods:

“(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.

(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.”

Tilly’s Inc. is not the only business under scrutiny for labor violations concerning meal and rest breaks, wage and hour concerns, or unpaid overtime allegations. Many California employees with wage and hours complaints have filed wage and hours lawsuits over alleged violations of their rights.

Join a Free Unpaid Overtime Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. Learn more and obtain a free evaluation of your case to see if you’re eligible for back pay and other compensation at the Unpaid Overtime Lawsuit: Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.