Volume 14, Issue 5 - September/October 2012
Former windshield repair technician Demetriot Lewis and Safelite have failed to reach agreement during a case management conference in a court case regarding overtime pay. Lewis is seeking a class action suit against the company alleging that he is owed overtime pay for hours not counted in his work day.
Lewis, who says he worked as a mobile windshield repair technician from April 2010 to December 2010 in the San Francisco Bay area, alleges that he was regularly scheduled to work eight hours per day, but that the company “did not pay [him] wages for all the hours [he] worked.”
He says that though the company sometimes paid him time-and-a-half based on his $12 hourly rate of pay, the company did not factor the repair incentives that he sometimes received into the time-and-a-half rate.
Both parties continue to disagree over whether the suit should be approved as a class action suit.
Safelite has provided responses to questions served by Lewis in March, although responses have not been released to the public.
“Defendant has indicated its intention to supplement its responses with additional information, and has submitted a proposed protective order for plaintiff’s consideration prefatory to production of certain other information responsive to plaintiff’s discovery requests,” reads the latest case management statement. “ ... Defendant served its initial sets of interrogatories and document requests on plaintiff. Defendant also intends to take plaintiff’s deposition.”