In a striking legal move, a former employee has filed a class action lawsuit against her previous employer, alleging widespread labor violations. Alicia Hernandez, through her attorney Farrah Mirabel, lodged the complaint in the Superior Court of California for Ventura County on August 16, 2024, targeting Topstar Floral, Inc.
The lawsuit outlines numerous grievances from Hernandez and similarly situated employees who worked for Topstar Floral. Hernandez claims that during her tenure as a laborer/gardener with the company, she and others were systematically denied legally mandated rest and meal breaks. "Defendants created schedules that made it difficult or impossible for Plaintiff and Class Members to take their rest breaks," the complaint asserts. Furthermore, Hernandez alleges that she was not compensated for overtime hours worked or reimbursed for business expenses incurred during her employment.
Hernandez's complaint details several alleged infractions of California labor laws by Topstar Floral. These include failure to pay minimum wage and overtime wages as required by Labor Code §§ 510 and 1194, neglecting to provide accurate wage statements per Labor Code § 226(a), and not paying COVID-19 supplemental sick leave as mandated by Labor Code §§ 248.1 and 248.2. The complaint also accuses Topstar Floral of retaliating against employees who reported these violations. "Defendants believed that class members who complained about labor code violations had disclosed or may disclose information to a government or law enforcement agency," the document states.
The plaintiff is seeking various forms of relief from the court. This includes unpaid wages, damages for missed meal and rest breaks, reimbursement for business expenses, statutory penalties under multiple sections of the California Labor Code, and injunctive relief to prevent further violations by Topstar Floral. Additionally, Hernandez is asking for civil penalties under the Private Attorneys General Act (PAGA) on behalf of herself and other aggrieved employees.
Representing Hernandez is attorney Farrah Mirabel from the Law Offices of Farrah Mirabel in Los Angeles. The case has been assigned Case No.: 2024CUCEQ28660 in the Superior Court of California for Ventura County.