On October 1, 2024, CL filed its class certification motion on behalf of plaintiff Robert Martinez and all similarly situated non-exempt employees of IHG Management (Maryland) LLC, Inter-Continental Hotels Corporation, and InterContinental Hotels Group Resources, LLC (collectively, “IHG”). This motion represents a significant step forward in ensuring justice for thousands of workers who may have been subject to wage and hour violations during their employment with IHG.
Plaintiff Robert Martinez, who worked at the InterContinental San Diego hotel, seeks to certify a class of non-exempt hourly employees who worked at IHG hotels in California from December 28, 2019, onward. The plaintiff has moved for class certification on several wage and hour claims, focusing on systemic violations of California’s labor laws. These claims include failure to pay overtime wages, failure to incorporate mandatory service charges into the regular rate of pay, failure to furnish accurate wage statements, and failure to pay final wages on time.
One of the primary claims in this motion is IHG’s failure to calculate overtime correctly. IHG maintained a policy of paying employees based on the length of their shift rather than on the total hours worked in a 24-hour workday, as required by California law. This resulted in underpayment of overtime wages for employees who worked multiple shifts in a single day.
Another central claim concerns IHG’s failure to properly incorporate mandatory service charges into the regular rate of pay for overtime, meal break premiums, and sick pay wages. The plaintiffs allege that IHG unlawfully treated mandatory service charges collected from customers as tips, thus avoiding their inclusion in the regular rate of pay. This resulted in employees being paid less than they were entitled to under the law.
The motion also addresses IHG’s failure to furnish accurate wage statements, as required by California law. Specifically, the plaintiffs contend that IHG issued wage statements that did not accurately list the mandatory service charges earned by employees, which caused the statements to misreport the total wages earned.
Lastly, the plaintiff seeks certification for a class of former employees who were not paid their final wages in a timely manner upon termination or resignation, as required under California Labor Code sections 201 and 202.
The class certification motion demonstrates that these issues affect a large number of current and former IHG employees across multiple hotel locations in California. Crosner Legal, along with the plaintiff, seeks to hold IHG accountable for these wage and hour violations and to secure the compensation these employees deserve.
If you worked for IHG and believe you were affected by similar wage and hour violations, we encourage you to contact Crosner Legal for more information. Our team remains committed to protecting the rights of employees and ensuring that labor laws are upheld.
- Crosner Legal: 9440 Santa Monica Blvd. #301, Beverly Hills CA 90210
- Phone: (866) 276-7637 [CROSNER]
- Email: intake@crosnerlegal.com
- Fax: (310) 510-6429
Thank you for your continued trust and support.
This blog post is intended for informational purposes only and does not constitute legal advice.