Santa Barbara, California
CLASS ACTION WAGE AND HOUR CLAIM AGAINST 24 HOUR FITNESS PROCEEDING IN ARBITRATION
A class action lawsuit filed against 24 Hour Fitness by two California law firms, Donahoo & Associates and Foley & Bezek, LLP, is proceeding in arbitration pursuant to a Court Order dated December 17, 2004. To view a copy of the Judge’s Order click this link.
The class action is filed on behalf of current and former 24 Hour Fitness personal trainers, fitness managers, operation managers, sales counselors, assistant general managers and general managers employed throughout the United States . The claim alleges that 24 Hour Fitness violated various sections of the California Labor Code and the Fair Labor Standards Act by improperly calculating wages, including overtime and sales commissions, failing to provide meal and rest periods, requiring work “off-the-clock,” misclassifying managers as exempt from overtime, and issuing improper wage stubs. To view a copy of the Claimants’ Second Amended Statement of Claim click this link.
The crux of the claim stems from allegations that 24 Hour Fitness required employees, as part of their job duties, to undertake numerous tasks “off-the-clock.” These additional tasks resulted in personal trainers working more than 5 consecutive hours without a break and more than 8 hours in a day without properly being compensated for wages and overtime.
The suit also alleges 24 Hour Fitness managers were misclassified as “exempt” employees, and were not paid required overtime. The complaint seek damages for managers who were paid as salaried employees, improperly classified as exempt, and who typically worked in excess of 8 hours per day and 40 days per week. The suit alleges the managers worked more than 50% of their hours performing tasks of “non-exempt” employees.
By pursuing this case as a class action, the claimants seek recovery for all current and former employees who were not properly compensated by 24 Hour Fitness. If you were employed by 24 Hour Fitness as a personal trainer, fitness manager, operations manager, sales counselor, assistant general manager or general manager and would like to speak with someone about this case, please contact:
Donahoo & Associates
505 North Tustin Avenue, Suite 160
Santa Ana , California 92705
(714) 953-1010 (office)
Thomas G. Foley, Jr.
Foley & Bezek, LLP
15 W. Carrillo Street
Santa Barbara , California
(805) 962-4037 (office)