Pipeline Inspector Says Day Rate Without Overtime Violates California Work Laws

A pipeline inspector for Frontier Integrity Solutions claims the company violated California work laws by paying employees a day rate that didn’t account for overtime hours.

According to the class action wage and hour lawsuit, the plaintiff currently still works for Frontier as a pipeline inspector and has allegedly encountered major issues getting full payment for all hours worked during his short time there.

Plaintiff Christopher R. started working at Frontier on July 1, 2018, and claims he has not been compensated for any overtime during his employment. This includes both work weeks and individual works, in which he had to work eight to 12 hours in a single day, he says.

The class action wage and hour lawsuit alleges that Frontier created and implemented an unlawful payment scheme to severely underpay workers, which ultimately denied them rightfully earned overtime.

For example, Christopher claims he was paid only $303 per workday even though he was owed much more. Christopher conducted pipeline inspections for Kinder-Morgan Inc. through Frontier and another inspection services company that he used to work for. Under his previous employment, Christopher says he was paid by the hour and received a higher overtime wage for hours worked in excess of 40 in a workweek or 8 or 12 in a single day.

In summer 2018, Christopher says, Kinder-Morgan told him that they were ending their contract with its previous inspection service provider and told him he would need to sign a contract with Frontier to continue working.

According to these new contracts, Christopher and other proposed Class Members were now exempt employees who were not eligible to receive any overtime. He argues that Frontier’s policy of paying its pipeline inspectors and similar employees on a day rate system without overtime ultimately violates California work laws, especially in regards to overtime policy.

Overview of California Wage and Hour Policies

Under California work laws, state residents must be paid at least the current state minimum wage, which was set to increase on a yearly basis on Jan. 1. As of this year, the California minimum wage is $12 per hour for employers with over 25 employees.

This makes California one of the most progressive states in employment protection laws, which requires that companies pay their nonexempt employees one and a half times their hourly rate if they work over 40 hours a week or 8 hours in a single workday. If employees work over 12 hours a day, companies are required to double their regular wage rate.

In addition to increasing payment, nonexempt employees are entitled to receive a 30 minute meal break every five hours and a 10 minute rest period every four hours. During the meal period, employees must be able to leave their job site and not perform any occupational duties. If employees are forced to work through their meal breaks, they must be compensated an extra hour on their paychecks.

Companies must satisfy several requirements when determining whether or not their employees can be exempt from minimum wage or not. Christopher claims Frontier failed to do this when classifying him and other employees as exempt, causing them to be deprived of proper compensation. Christopher and other class members are seeking damages for all missing overtime in the three year statute of limitations, along with liquidated damages and legal fees.

This Class Action Wage and Hour Lawsuit is Case No. 5:19-cv-00237, in the U.S. District Court of Central California, Eastern Division.

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