Exxon Refinery Wage and Hour Lawsuit Results in $4M Settlement

ExxonMobil has agreed to a multi-million dollar settlement in order to resolve claims made by workers that the companies violated wage and hour laws.

Exxon Refinery Lawsuit Reaches Settlement

In late August 2020, ExxonMobil, PBF Energy Ltd., and Torrance Refining Co. agreed to a $4.4 million settlement to resolve a lawsuit that was brought against the companies by several workers in 2018.

According to the workers who filed the class action lawsuit, the companies routinely denied them the meal and rest breaks that they were entitled to. The workers claim that they worked 12 hour shifts on rotating shift schedules at the Torrance Exxon refinery. Under the law, the workers claim that they are entitled to take an off duty rest break for each four hours that they work. However, they claim that Exxon, PBF, and Torrance did not permit workers to take these breaks, and instead required them to remain on duty for the entirety of their 12 hour shift. They claim that they are required to be reachable via their radio at all times during their shift, and therefore, are never off-duty.

Additionally, the workers claim in their lawsuit that Exxon and the other defendants routinely miscalculated their payroll records and gave workers incorrect records of their wages. They also claim that they were not compensated for the time they spent working, while they should have been taking breaks. Their lawsuit demanded that they be paid all unpaid wages, restitution, and attorney’s fees, in addition to assessing statutory penalties against the companies.

In August 2020, the companies agreed to resolve the claims made by employees by settling for more than $4 million. However, the companies have not admitted to any wrongdoing by agreeing to the settlement. The Exxon refinery settlement is expected to cover 335 workers, who may be eligible to receive approximately $9,500 each.

About Wage and Hour Laws

According to federal and state laws, employees are entitled to many benefits and privileges. One of the benefits afforded to employees is the right to take breaks. In California, employees are allotted one break for each four hours work. Each of these breaks must last at least ten minutes, and the employee must not be at the direction of their employer during this time. Employees who work longer or shorter shifts may be entitled to different numbers of breaks or lengths of time. Employers who refuse to allow workers to take their breaks, or who do not compensate them for all time spent working may face fines or other actions.

Workers in many occupations may be subject to wage and hour violations. In addition to Exxon refinery workers, class action lawsuits have also been filed by truckers and rideshare drivers who claim they have been subject to violations of their rights. Wage and hour violations may include not being permitted to take breaks, not being compensated for all hours worked, not being compensated for overtime work, not being reimbursed for work-related costs, minimum wage violations, or purposeful misclassification. Many workers in the gig economy have reported being potentially purposefully misclassified as contractors rather than employees by their employers. As employees are afforded many more rights and protections than independent contractors, misclassification may mean that they are missing out on overtime or minimum wage protections, in addition to other benefits.

If you believe you have been misclassified by your employer, or your employer has failed to pay you in accordance with wage laws or has denied you meal or rest breaks, you may be eligible to hire an experienced attorney to discuss your case. Some victims of wage violations may be able to join or file a class action lawsuit and pursue reimbursement and compensation.

The Exxon Refinery Wage and Hour Lawsuit is Case No: 2:18-cv-09224-MWF-SS, filed in the U.S. District Court for the Central District of California.

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