A former employee has filed a class-action lawsuit against a prominent California car dealership, alleging numerous violations of labor laws. The complaint was filed by Frederick Mueller on January 6, 2025, in the Superior Court of California for Ventura County against Kirby Oldsmobile and Kirby Motor Cars, Inc.
Frederick Mueller, representing himself and other similarly situated employees, accuses the defendants of failing to pay minimum and overtime wages, denying proper rest and meal breaks, and not maintaining accurate employment records. Mueller claims that these violations have been ongoing throughout his employment from July 31, 2020, to March 15, 2024. According to the lawsuit, "Defendants failed to fully conform their pay practices to the requirements of the law during the relevant statutory periods." The plaintiff alleges that he and other non-exempt employees were not compensated for all hours worked and were subject to off-the-clock work without receiving minimum wage for each hour worked.
The lawsuit outlines multiple causes of action including failure to pay all minimum wages as per Labor Code section 1197 and failure to provide rest periods as required by Labor Code section 226.7. It further alleges that Kirby Oldsmobile and Kirby Motor Cars failed to furnish accurate itemized wage statements in violation of Labor Code section 226. The plaintiff contends that "Defendants' unlawful conduct includes but is not limited to Defendants’ uniform and unlawful pay policies," which resulted in employees working overtime without appropriate compensation.
Mueller seeks several forms of relief from the court including compensatory damages for unpaid wages, penalties for untimely payment of wages upon separation from employment under Labor Code sections 201 through 203, and restitution under California's Unfair Competition Law. Additionally, he requests an order enjoining the defendants from continuing these alleged unlawful practices. The complaint also demands attorneys' fees and costs associated with bringing this action.
Representing Frederick Mueller is Kyle D. Smith from Melmed Law Group P.C., while the case will be presided over by judges at Ventura County Superior Court under Case Number #2025 CLUIOEOS6926.