Lawsuit Accuses Company of Violating California Law on Overtime

An alleged violation of the California law on overtime led one refinery worker to file a lawsuit against their employer.

Plaintiff Daniel E. argues in his recently-filed lawsuit that employer Brinderson Constructors Inc. has violated California law on overtime compensation.

The lawsuit over California law on overtime was filed over alleged violations of the Fair Labor Standards Act (FLSA) and sections of the California Labor Code.

The lawsuit, based on alleged violations of California overtime law, says Daniel was hired by the Brinderson Corp. in early 2014 to work as a maintenance mechanic craftsman.

Daniel says in his lawsuit that he was required as part of his regular duties to wear protective clothing due to the risk of exposure to toxic chemicals. Following changing from his regular to his work clothes, the plaintiff says he then had to walk to his designated work area while waiting for a vehicle managed by the company.

Once the company car arrived, Daniel says he and coworkers were taken to a refinery worksite. The lawsuit alleges California wage and hour violations, claiming that the plaintiff was never compensated for all time worked, not receiving wages for the time from when he changed his clothes until he arrived at the refinery worksite.

At the conclusion of the workday, Daniel says he and coworkers were taken back to the same area from which they were picked up in the morning. At that point in time, according to the unpaid overtime lawsuit, the California plaintiff and coworkers then changed out of their work clothes. But he and his coworkers were not compensated for this time either, Daniel claims.

California Labor Law Violations

The plaintiff alleges the lack of compensation is a violation of California laws on overtime since the defendants allegedly required workers to record fixed times for the beginning and end of their workday on timesheets. Daniel argues that his supervisors directly told him not to record the accurate time, including the transport and time to change clothes, on his timesheets.

The lawsuit contends that his employer did not compensate Daniel for all hours worked, meaning that he was never paid for working more than eight hours in a day or forty hours in a week. Daniel argues these are violations of federal as well as California labor laws.

Further, Daniel allegedly was denied rest breaks that he was legally entitled to under California overtime laws. The plaintiff says he was never relieved of duty in order to take a ten minute rest break for each of the four hours he worked. While he did attempt to take breaks, he was required to carry a radio with him that he had to be on call at all times, he claims.

Daniel says that in addition to the failure to provide him with a break, the company violated California laws on overtime because he was not paid a premium for those missed breaks while working for the defendant and that he is owed back pay for these consistent violations.

The California Overtime Lawsuit is Case No. 4:18-cv-07361, in the U.S. District Court Northern District of California.

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