Karina Basso  |  September 29, 2014

Category: Labor & Employment

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black-decker-logoStanley Black & Decker Inc. and a number of its subsidiaries agreed to a $4.97 million wage and hour class action settlement on Sept. 15 after the company faced allegations of denying their field technicians proper wages and neglecting to provide hundreds of workers with accurate pay stubs.

This wage and hour class action lawsuit was filed against the popular power tool company and 14 affiliated companies and subsidiaries by field technicians who allegedly were not compensated for the time taken driving to their worksites.

Additionally, the plaintiffs claim that Black & Decker did not pay field technicians and other workers fairly according to California State minimum wage and overtime pay standards and neglected to provide an accurate wage statement. In some cases, the pay stubs also listed incorrectly the name of the plaintiffs’ employer.

Finally, the settlement will also address the wage and hour class action lawsuit allegations that Black & Decker denied their field technicians proper meal breaks and rest periods.

The Black & Decker wage and hour class action lawsuit seeks to represent two subclasses of employees, which include: 1) All California field technicians or employees in a similar occupation employed by Black & Decker from June 27, 2012, to the present and 2) all employees working for Black and Decker from June 27, 2012 through the date of the class action lawsuits preliminary approval hearing and have at the very least received one pay stub from Black & Decker or a subsidiary.

In the proposed Black & Decker wage and hour class action settlement, the Class of field technicians will receive $2.4 million, while the Class of employees with pay stub claims will receive $1,025,000.

The field technician subclass reportedly involves close to 300 members, while the paystub subclass is estimated to include 888 workers, totaling to over a thousand potential wage and hour Class Members overall. Each eligible Class Member may potentially receive anywhere between approximately $1,000 to $8,000 of the settlement.

Black & Decker, as well as its affiliates, deny liability in the wage and hour class action lawsuit, but have decided to settle in order to avoid more legal expenses and time spent in court.

The Black & Decker Wage and Hour Class Action Lawsuit is Long, et al. v. Stanley Black & Decker Inc., et al., Case No. 3:14-cv-01246, in the U.S. District Court for the Southern District of California.

California State Labor Laws

The state and federal government have both established labor laws and statutes to protect California employees from exploitation and abuse by their employers and to ensure that each individual receives fair wages for labor performed.

California Labor Laws have additional rules that strictly govern employee rest and meal periods.

According to the California Division of Labor Standard Enforcement: “(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.”

In addition to laying strict guidelines regarding rest periods, minimum wage, and overtime pay, California Labor Laws also take additional steps to ensure that workers receive an accurate  wage statement so they are informed and aware of the compensation they are receiving for their services. This includes an itemized statement listing gross wages, total hours worked, deductions, net wages, and other itemized information regarding an employee’s wages earned during a given pay period.

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