12.  Homejoy is a San Francisco-based cleaning service, which provides cleaning  services in cities throughout the country via an on demand dispatch system.     13.  Homejoy offers customers the ability to request a cleaner on a mobile phone  application or online through their website.   14.   Homejoy’ website advertises that customers can “If you are not completely  satisfied with your cleaning, we will come back and re-clean it for free!”  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  4  22.  Plaintiff J.C. Iglesias brings the second and third causes of action as a class action  pursuant to Rule 23 of the Federal Rules of Civil Procedure on behalf of all Homejoy cleaners  who have worked anywhere in the United States (except for California).   23.   Plaintiff and other class members have uniformly been deprived reimbursement  of their necessary business expenditures and overtime wages.   24.   The members of the class are so numerous that joinder of all class members is  impracticable.   25.   Common questions of law and fact regarding Homejoy’s conduct in classifying  cleaners as independent contractors, failing to reimburse them for business expenditures, and  failing to pay them overtime wages exist as to all members of the class and predominate over any  questions affecting solely any individual members of the class. Among the questions of law and  fact common to the class are:  a. Whether class members have been required to follow uniform procedures and policies  regarding their work for Homejoy;  b. Whether the work performed by class members—providing cleaning services to  customers—is within Homejoy’s usual course of business, and whether such service is  fully integrated into Homejoy’s business;  c.  Whether these class members have been required to bear the expenses of their  employment, such as expenses for their cleaning supplies and equipment, vehicles, gas,  and other expenses.   26.  Named Plaintiff J.C. Iglesias is a class member, who suffered damages as a result  of Defendant’s conduct and actions alleged herein.  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  6  Unpaid Overtime Under the FLSA  The Fair Labor Standards Act, 29 U.S.C. §207(a)(1), states that an employee must be  paid overtime, equal to one and one-half (1.5) times the employee’s regular rate of pay, for all  hours worked in excess of 40 per week.  Plaintiff worked at times in excess of forty (40) hours  per week but was not paid premium pay for hours worked beyond 40 in a week.  As a direct and  proximate result of Defendant’s unlawful conduct, Plaintiff has suffered lost wages and other  damages. This claim is brought on behalf of a class of similarly situated individuals (outside  California) who may choose to “opt in” to this case, pursuant to 29 U.S.C. § 216(b).  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  7  Violation of Cal. Lab. Code § 2802   Defendant’s conduct, as set forth above, in misclassifying Homejoy cleaners (outside  California) as independent contractors, and failing to reimburse them for expenses they paid that  should have been borne by their employer, constitutes a violation of California Labor Code  Section 2802.    Violation of Cal. Lab. Code §§1194, 1198, 510, and 558  Defendant’s conduct, as set forth above, in failing to pay Homejoy cleaners (outside  California) overtime for all hours worked in excess of forty per week as required by California  state law, violates Cal. Lab. Code §§1194, 1198, 510, and 558.   