KJ McElrath  |  October 16, 2019

Category: Labor & Employment

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Wage and hour litigation against Halliburton Energy Services in California has ended in favor of plaintiffs alleging they were shorted on their pay.Wage and hour litigation against Halliburton Energy Services in California has ended in favor of plaintiffs alleging they were shorted on their pay. Specifically, the defendant was accused of violating California labor laws by failing to pay all hourly wages as well as overtime, not paying wages due when employment came to an end, and flaunting the state’s Unfair Competition Law under the Business and Professions Code (BPC).

Case Background

The lead plaintiff in this wage and hour litigation was Luis G., who worked for Halliburton in a number of capacities. His complaint alleged employees were:

  • clocked out for 30-minute meal breaks, despite working through them
  • not compensated for all hours the spent on the job
  • not paid overtime for hours in excess of 40 per week
  • not paid all wages on time when they left the company

The plaintiff also claimed that Halliburton’s violations of California’s Unfair Competition statute, which is intended to protect workers from unfair business practices, entitled him to compensation and restitution.

Wage and Hour Litigation was Derailed over Arbitration Clause

The plaintiff initially filed his complaint as a proposed class action. However, counsel for the defense argued that Louis had signed an arbitration agreement when he began his tenure with the company, which included a class action waiver.

When Louis claimed the agreement was invalid, Judge Lawrence O’Neill sided with Halliburton, citing Epic Systems v. Lewis, a consolidation of three cases that eventually came before the U.S. Supreme Court in May of 2018. In a 5 to 4 decision, the Court ruled in favor of the corporate defendant, finding that such arbitration agreements were enforceable under the Federal Arbitration Act and did not violate the National Labor Relations Act.

The judge did however agree to a scaled-back version of Louis’s proposed wage and hour litigation; the lead plaintiff eventually filed another, amended complaint.

In agreeing to the settlement, Halliburton has not admitted to doing anything illegal or improper. No further details of the settlement are currently available.

California Labor Laws

Under the Golden State’s labor statutes, employees must be paid for all hours worked. Hours on the job beyond 40 per week must be compensated at no less than one and a half times the employees regular rate of pay (in certain situations, employees are entitled to double pay – for example, if they work more than 12 hours in a single day) . All workers must be provided with scheduled, uninterrupted meal and rest breaks; if these are missed, the company is required to pay one hour for every break not taken.

There is also a provision stating that when an employee is terminated, resigns or his/her term of employment is up, the company must pay them off within within 72 hours. If the employee gives the company 72 hours’ advance notice, the last paycheck must be paid immediately at the end of the last day on the job.

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

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.