In this case, the plaintiffs have filed a complaint for unfair competition, failure to pay minimum and overtime compensation, failure to provide accurate itemized statements, failure to reimburse employees for required expenses, failure to provide wages when due, failure to provide access to toilet facilities, and wrongful termination. The facts of this case are as follows:
- The plaintiffs were employed by the defendant, a California corporation, as non-exempt employees who were entitled to hourly pay, overtime, and meal and rest periods.
- The plaintiffs generally worked as laborers and installers in job sites located in a wide variety of cities throughout California.
- The defendant often required that the plaintiffs arrived early to work to prepare for the day, but only paid them for work performed after arriving to the job sites. Plaintiffs were required to prepare the defendant’s vehicle with the necessary materials before driving to job sites located at least an hour away.
- It was also often that the defendant required the plaintiffs to finish tasks that would require overtime, without actually compensating them for it. Multiple former employees worked on averages of above ten hours per day, often for six days per week, and sometimes even for seven. Regardless, they were paid a flat rate as though they had consistently worked eight hour shifts, not a minute more or less.
- Off duty meal breaks, which are required to be provided to those performing work for more than five hours during a shift, were often prevented as a result of the rigorous work schedule that the plaintiffs endured. It was also often that the plaintiffs were not fully relieved of duty during the meal periods they were given.
- The defendant failed to provide readily available access to toilet facilities. The plaintiffs were expected not to use clients’ bathrooms, and drivers would often leave a job site to pick up more materials and supplies, leaving them with no readily available transportation to nearby toilet facilities. On at least one occasion, a plaintiff was left with no option other than to dig a hole in the ground to defecate because of their lack of access to a toilet.
- In addition to the defendant’s failure to properly provide meal breaks, plaintiffs were also systematically denied their due rest periods of at least ten minutes (two rest periods on occasions when they worked from six to eight hours, or three rest periods for shifts of ten or more hours).
- Throughout the course of their employment with the defendant, the plaintiffs were not reimbursed for the business expenses they endured, including but not limited to the traveling fees required to arrive at the job sites.
- When the defendant became aware of a possible lawsuit against it, it began to bring its employees into rooms to offer each of them money to sign documents expressing that they were being paid for missed breaks and overtime, and that the employees would not sue the company. When they refused, the plaintiffs were offered a greater amount of money. Upon refusal to this amount as well, the plaintiffs were immediately fired.
- The defendant’s conduct was willful, intentional, and not in good faith.
Webb Law Group Takes Action on the Legal Matter
Webb Law Group was retained by the plaintiffs in this matter, and is in the process of a class action lawsuit against the defendant. The plaintiffs’ employment records are being analyzed and stories are being told as Webb Law Group strives to ameliorate the damage of the injustices performed upon them. They pose a strong case and await the indemnification due to them.
The clients are happy to be having this matter resolved by Webb Law Group.
Finding a Professional California Business Attorney
Webb Law Group is a reputable business law firm with experience in matters involving California law, including wage and labor disputes. Having a reputable attorney by your side for these matters will help give you the best possible chance of a positive outcome in your case. If you feel you need legal representation, we are happy to review your legal needs and provide consultation and support where necessary.
For questions, or to schedule a consultation, contact us today at 559.431.4888 (Fresno) or 619.399.7700 (San Diego).