& REPRESENTATIVE ACTION  COMPLAINT FOR DAMAGES,  RESTITUTION AND OTHER RELIEF   1. Failure to Compensate Piece Rate Employees for Rest and Recovery Periods and Other Non-Productive Time (Cal. Lab. Code §§ 226.2);  15.  Defendant MNG publishes and distributes newspapers of general circulation.  Many  of MNG’s customers receive home delivery of newspapers on a daily basis.   16.  Defendant organized the distribution of newspapers by maintaining a distribution  facility in Redwood City, California and San Carlos, California.   17.  Newspaper delivery is an integral part of the business enterprise of MNG.  Plaintiff  and the Class Members perform an integral part of MNG’s operations, which include distributing  newspapers.   18.  MNG has, at all relevant times, had the right to control Plaintiff and the Class  Members’ performance of their work as Newspaper Carriers and/or Newspaper Dealers.  B. Defendant’s Control over Plaintiff and the Class Members and Their Work   2. Failure To Provide Meal Periods (Cal. Lab. Code §§ 226.7, 512 & 1198);  3. Failure To Provide Rest Periods (Cal. Lab. Code §§ 226.7, 512 & 1198);  4. Failure To Pay Minimum and Overtime Wages (Cal. Lab. Code §§ 510, 1194, 1194.2 & 1198);  49.  Plaintiff incorporates each of the preceding paragraphs of the Complaint by  reference as if fully set forth herein.   5. Failure to Maintain Accurate and Complete Employment Records (Cal. Labor Code §§ 1174.5);  50.  As alleged herein, Defendant has maintained a policy and/or practice whereby  Plaintiff and Class Members have not been compensated for rest and recovery periods and other  non-productive time in accordance with Cal. Lab. Code § 226.2.    51.  Defendant MNG did not avail itself to the California Labor Code § 226.2 Safe  Harbor Provision and is required to compensate Plaintiff and Class Members for meal and rest  breaks not included in their Piece Rates, and nonproductive time based on their average hourly  rate, along with interest.   6. Failure To Provide Accurate, Itemized Wage Statements (Cal. Lab. Code § 226);  67. Plaintiff incorporates all of the preceding paragraphs of the Complaint as if fully set forth herein.   68. At all relevant times, Plaintiff and Class Members have been non-exempt employees of Defendant entitled to the full protections of the California Labor Code and Wage  Order 1-2001.    69. Cal. Labor Code § 1198 makes it unlawful for an employer to employ any person under conditions of employment that violate Wage Order 1-2001.   7. Waiting Time Penalties (Cal. Labor Code §§ 201-203)  70. Section 2(K) of Wage Order 1-2001 defines “hours worked” as “the time during which an employee is subject to the control of the employer, [which] includes all the time the  employee is suffered or permitted to work, whether or not required to do so.”   71. Cal. Labor Code  §§ 510 and 1194, and Section 3 of Wage Order 1-2001, require employers to pay overtime wages to their non-exempt employees at no less than one and one-half  times their regular rates of pay for all hours worked in excess of eight hours in one workday, all  hours worked in excess of forty hours in one workweek, and for the first eight hours worked on a  seventh consecutive day.    72. Cal. Labor Code  §§ 510 and 1194, and Section 3 of Wage Ordre 1-2001, also require employers to pay overtime wages to their non-exempt employees at no less than two times  their regular rates of pay for all hours worked in excess of twelve hours in one workday, and for  all hours worked in excess of eight hours on a seventh consecutive workday.    73. During the entirety of the employment period, Defendant had a consistent policy of requiring Plaintiff and Class Members to work without compensating Plaintiff and Class  Members at a rate of one and one-half of their regular rate of pay for overtime work performed, in  violation of Cal. Lab. Code  §1194.      75.  Plaintiff incorporates all of the preceding paragraphs of the Complaint as if fully  set forth herein.    76.  Cal. Labor Code  § 1174 (d) requires an employer to keep at a central location in  California or at the plant or establishment at which employees are employed, payroll records  showing the hours worked daily by, and the wages paid to, each employee, and the number of  piece-rate units earned by and any applicable piece rate paid to each employee. Plaintiff is  informed and believes that Defendant willfully failed to make and keep such records for Plaintiff  and Class Members.    77.  IWC Wage Order No. 1-2001, paragraph (7)(A) requires that every employer keep  accurate employee information, including time records showing when each employee begins and  ends each work period, and applicable rates of pay. Plaintiff is informed and believes that  Defendant failed to make and keep such records for Plaintiff and Class Members.   78.  Plaintiff is informed and believe that Defendant’s failure to keep payroll records  and accurate employee information, as described above, violated Cal. Lab. Code  § 1174 (d) and  IWC Wage Order No. 1-2001 (7)(A). Plaintiff and Class Members are entitled to penalties of $100  for the initial violation and $200 for each subsequent violation for every pay period during which  these records and information were not kept by Defendant.    79.  Plaintiff, on behalf of herself and Class Members, is informed and believes that  Defendant’s failure to keep and maintain records and information, as described above, was willful,  and Plaintiff and Class Members are entitled to a civil penalty of $500, pursuant to Cal. Lab. Code   § 1174.5.   84.  Plaintiff incorporates all of the preceding paragraphs of this Complaint as if fully  set forth herein.    85.  Labor Code § 201 provides that all of the earned and unpaid wages of an employee  who is discharged become due and payable immediately at the time of discharge.   93. Plaintiff incorporates all of the preceding paragraphs of the Complaint as if fully set forth herein.   97.  Plaintiff incorporates each of the preceding paragraphs of this Complaint by  references as if fully set forth herein.   A. Defendant’s Operation   Failure to Provide Meal Periods  (Lab. Code §§ 226.7, 512, and 1198)   Failure to Maintain Accurate and Complete Employment Records  (Cal. Labor Code §§ 1174.5)   Failure to Reimburse Business Expenses  (Cal. Labor Code § 2802)   Failure to Compensate Piece Rate Employees for Rest and Recovery Periods and Other Non- Productive Time  (Lab. Code §§ 226.2)   Failure to Pay Minimum and Overtime Wages  (Lab. Code § 510, 1194, 1194.2, and 1198)   Unfair Competition  (Cal. Labor Code § 17200 et seq.)   Waiting Time Penalties  (Labor Code §§ 201–203)  