Calif. ExxonMobil Refinery Wage & Hour Settlement

ExxonMobil and PBF Energy have agreed to pay $4.4 million to settle claims that the companies’ failure to provide required rest breaks violated California wage and hour laws.

Of the settlement total, ExxonMobil has agreed to pay $1.5 million, while PBF Energy and Torrence Refining have agreed to the remaining $2.9 million. 

The proposed settlement will provide benefits to a Class of around 275 people who worked at the Torrence Refinery. The settlement website explains that eligible workers include all former and current nonexempt hourly employees who were in an Operator position at the Torrance refinery, distribution, and pipeline facilities in California’s County of Los Angeles since Sept. 18, 2014.

Included workers are those employed by ExxonMobil Oil Corporation, ExxonMobil Pipeline Company, PBF Energy Limited, and/or Torrance Refining Company LLC, or any of their affiliates.

Workers had filed the ExxonMobil class action lawsuit in 2018 after taking issue with wage and hour practices at a refinery previously owned by Exxon which was then taken over by PBF Energy in July 2016. 

Allegedly, employees worked 12 hour shifts and, because of the length of their shifts, were entitled to breaks in which the were relieved of all duty. They assert that they were entitled two meal breaks and three rest breaks per 12-hour shift.

However, the workers say that they were not given these breaks. Instead, they claim that they were required to be “on call” during breaks. 

The workers say that the companies made the problem worse by not keeping accurate records of payroll. The plaintiffs asserted that these practices violated the California Labor Code and the Private Attorneys General Act of California.

ExxonMobil and PGF Energy do not admit any liability in the California wage and hour class action lawsuit, but have agreed to settle the claims to avoid the continued costs and risks of litigation. The workers agreed that this was preferable to continuing to litigate the issue.

The companies will pay a total of $4,391,585 to settle the California wage and hour claims. This money will be used to pay PAGA penalties in the amount of $50,000, which will be paid to the California Labor and Workforce Development Agency, as well as attorneys and Class Members. Per the terms of the settlement, the two Class Representatives will receive up to $7,500 each. 

Class Members will receive a proportional amount of a $12,500 portion of the settlement, representing 25% of the total settlement. The amount of compensation that each Class Member can receive depends on the total number of claims filed.

Workers who wish to dispute their individual payout amount must do so by July 9, 2020. Class Members who remain in the Class will give up their rights to pursue independent litigation over the wage and hour claims at issue.

Those who wish to opt out from the settlement Class and want to retain their right to independent litigation must do so by July 24, 2020. Class Members are invited but not required to attend a final hearing on Aug. 17, 2020.

Who’s Eligible

The proposed settlement will provide benefits to a Class of around 275 people who worked at the Torrence Refinery in California. Eligible workers include all former and current nonexempt hourly employees who were in an Operator position at the Torrance refinery, distribution, and pipeline facilities in California’s County of Los Angeles since Sept. 18, 2014.

Included workers are those employed by ExxonMobil Oil Corporation, ExxonMobil Pipeline Company, PBF Energy Limited, and/or Torrance Refining Company LLC, or any of their affiliates.

Potential Award

Varies.

Class Members will receive a proportional amount of a $12,500 portion of the settlement, representing 25% of the total.

The amount of compensation that each Class Member can receive depends on the total number of claims filed. 

Proof of Purchase

N/A

Claim Form

No claim form is required. For more information click here for the FAQ section.

Dispute Deadline

No claim form required. Individual payout amount dispute deadline is 7/9/2020.

Case Name

Michelle Kendig, et al. v. ExxonMobil Oil Corp, et al., Case No. 2:18-cv-09224-MWF-SS, in the U.S. District Court for the Central District of California

Final Hearing

8/17/2020

Settlement Website

ExxonCaliforniaRefineryRestBreakSettlement.com

Claims Administrator

CAC Services Group LLC
6420 Flying Cloud Dr Ste 101
Eden Prairie, MN 55344
Toll Free: (866) 602-2260

Class Counsel

Jay Smith
Joshua F. Young
GILBERT & SACKMAN

Randy Renick
Cornelia Dai
HADSELL STORMER RENICK & DAI LLP

Defense Counsel

Gary T. Lafayette
Barbara L. Lyons
LAFAYETTE & KUMAGAI LLP

Jeffrey A. Dinkin
STRADLING YOCCA CARLSON & RAUTH PC

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

GET A FREE CASE EVALUATION NOW

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