47.  PLAINTIFF, and the other members of the CALIFORNIA CLASS, reallege and  incorporate by this reference, as though fully set forth herein, the prior paragraphs of this  Complaint.   48.  DEFENDANT is a -'person" as that term is defined under Cal. Bus. and Prof.  26  62.  PLAINTIFF, and the other members of the CALIFORNIA LABOR SUB- CLASS, reallege and incorporate by this reference, as though fully set forth herein, the prior  paragraphs of this Complaint.   63.  PLAINTIFF and the other members of the CALIFORNIA LABOR SUB-CLASS  bring a claim for DEFENDANT's willful and intentional violations of the California Labor  Code and the Industrial Welfare Commission requirements for DEFENDANT's failure to  accurately calculate and pay minimum wages and reporting time wages to PLAINTIFF and  CALIFORNIA CLASS Members.   64.  Pursuant to Cal. Lab. Code § 204, other applicable laws and regulations. and  public policy, an employer must timely pay its employees for all hours worked.   65.  Cal. Lab. Code § 1197 provides the minimum wage for employees fixed by the  commission is the minimum wage to be paid to employees, and the payment of a less wage than  the minimum so fixed in unlawful.   66.  Cal. Lab. Code § 1194 establishes an employee's right to recover unpaid wages,  including minimum wage compensation and interest thereon, together with the costs of suit.   67.  DEFENDANT maintained a uniform wage practice of paying PLAINTIFF and  the other members of the CALIFORNIA LABOR SUB-CLASS without regard to the correct  amount of time they work. As set forth herein, DEFENDANT's uniform policy and practice  was to unlawfully and intentionally deny timely payment of wages due to PLAINTIFF and the  other members of the CALIFORNIA LABOR SUB-CLASS.   68.  DEFENDANT's uniform pattern ofunlawful wage and hour practices manifested.  without limitation, applicable to the CALIFORNIA LABOR SUB-CLASS as a whole, as a  30  76.  PLAINTIFF, and the other members ofthe CALIFORNIA LABOR SUB-CLASS,  32  92.  PLAINTIFF, and the other members of the CALIFORNIA LABOR SUB-CLASS,  reallege and incorporate by this reference, as though fully set forth herein, the prior paragraphs  of this Complaint.   93.  During the CALIFORNIA CLASS PERIOD, from time to time, DEFENDANT  failed to provide all the legally required off-duty meal breaks to PLAINTIFF and the other  CALIFORNIA LABOR SUB-CLASS Members as required by the applicable Wage Order and  Labor Code. The nature of the work performed by PLAINTIFF and CALIFORNIA LABOR  SUB-CLASS MEMBERS did not prevent these employees from being relieved of all of their  36  96.  PLAINTIFF, and the other members of the CALIFORNIA LABOR SUB-CLASS,  37  CHRISTINA EPSTEIN, an individual, on  behalf of herself, and on behalf of all persons  similarly situated,  Plaintiff,  VS.  For Failure To Pay Minimum Wages  [Cal. Lab. Code §§ 1194, 1197 and 1197.11  (By PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS  and Against All Defendants)   For Failure To Pay Overtime Compensation  [Cal. Lab. Code §§ 204, 510, 1194 and 1198]  (By PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS and Against All  Defendants)   For Failure to Provide Required Meal Periods  [Cal. Lab. Code §§ 226.7 & 512 1  (By PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS and Against All  Defendants)   For Unlawful Business Practices  [Cal. Bus. And Prof. Code §§ 17200, et seq.]  (By PLAINTIFF and the CALIFORNIA CLASS and Against All Defendants)   For Failure to Pay Wages When Due  I Cal. Lab. Code §§ 201, 202, 203]  (By PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS and Against All  Defendants)  108. PLAINTIFF, and the other members ofthe CALIFORNIA LABOR SUB-CLA  reallege and incorporate by reference, as though fully set forth herein, the prior paragraphs of  this Complaint.  109. Cal. Lab. Code § 200 provides that:  As used in this article:  (a) "Wages" includes all amounts for labor performed by employees of every  description, whether the amount is fixed or ascertained by the standard of time,  task, piece, Commission basis. or other method of calculation.  (b) "Labor" includes labor. work, or service whether rendered or performed under  contract, subcontract, partnership, station plan, or other agreement if the labor to  be paid for is performed personally by the person demanding payment.  1 10. Cal. Lab. Code § 201 provides, in relevant part, that "If an employer discharges  an employee, the wages earned and unpaid at the time of discharge are due and payable  i mmediately."  111. Cal. Lab. Code § 202 provides, in relevant part, that:  If an employee not having a written contract for a definite period quits his or her  employment, his or her wages shall become due and payable not later than 72  hours thereafter, unless the employee has given 72 hours previous notice of his  or her intention to quit, in which case the employee is entitled to his or her wages  at the time of quitting. Notwithstanding any otherprovision of law, an employee  who quits without providing a 72-hour notice shall be entitled to receive payment  42  For Failure to Reimburse Employees for Required Expenses  [Cal. Lab. Code § 2802]  (By PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS and Against All  Defendants)  100.  PLAINTIFF and the other CALIFORNIA LABOR SUB-CLASS members  reallege and incorporate by this reference, as though fully set forth herein, the prior paragraphs  of this Complaint.  101.  Cal. Lab. Code § 2802 provides, in relevant part, that:  An employer shall indemnify his or her employee for all necessary expenditures  or losses incurred by the employee in direct consequence of the discharge of his  or her duties, or of his or her obedience to the directions of the employer, even  though unlawful, unless the employee, at the time of obeying the directions,  believed them to be unlawful.  102.  At all relevant times herein, DEFENDANT violated Cal. Lab. Code § 2802, by  failing to indemnify and reimburse PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS  members for required expenses incurred in the discharge of their job duties for DEFENDANT's  benefit. DEFENDANT failed to reimburse PLAINTIFF and the CALIFORNIA LABOR SUB- CLASS members for expenses which included, but were not limited to, costs related to using  their personal cellular phones all on behalf of and for the benefit of DEFENDANT.  Specifically, PLAINTIFF and other CALIFORNIA CLASS Members were required by  DEFENDANT to use their personal cell phones to respond to work related issues.  DEFENDANT's uniform policy, practice and procedure was to not reimburse PLAINTIFF and  the CALIFORNIA LABOR SUB-CLASS members for expenses resulting from using their  personal cellular phones for DEFENDANT within the course and scope of their employment  for DEFENDANT. These expenses were necessary to complete their principal job duties.  DEFENDANT is estopped  by DEFENDANT's conduct to assert any waiver of this  expectation. Although these expenses were necessary expenses incurred by PLAINTIFF and  the CALIFORNIA LABOR SUB-CLASS members, DEFENDANT failed to indemnify and  39  For Failure to Provide Required Rest Periods  [Cal. Lab. Code §§ 226.7 & 512 1  (By PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS and Against All  Defendants)   For Failure to Provide Accurate Itemized Statements  [Cal. Lab. Code § 2261  (By PLAINTIFF and the CALIFORNIA LABOR SUB-CLASS and Against All  Defendants)  104.  PLAINTIFF, and the other members ofthe CALIFORNIA LABOR SUB-CLASS,  reallege and incorporate by this reference, as though fully set forth herein, the prior paragraphs  of this Complaint.  105. Cal. Labor Code § 226 provides that an employer must furnish employees with  an "accurate itemized" statement in writing showing:  (1) gross wages earned,  (2) total hours worked by the employee, except for any employee whose compensation  is solely based on a salary and who is exempt from payment of overtime under  subdivision (a) of Section 515 or any applicable order of the Industrial Welfare  Commission,  (3) the number of piecerate units earned and any applicable piece rate if the employee  is paid on a piece-rate. basis,  (4) all deductions, provided that all deductions made on written orders of the employee  may be aggregated and shown as one item,  (5) net wages earned,  40  MAY 3 1 2019  D. Williams y  Attorneys for Plaintiff 