U.S. Military Contractors Hit with Wage & Hour Class Action Lawsuit

Two U.S. military contractors have been hit with a wage and hour class action lawsuit for allegedly failing to provide employees who engaged in military training practices with minimum wage, overtime pay, and meal and rest breaks.

The primary contractors involved  in the class action lawsuit are Calnet Inc. and subcontractor Acclaim Technical Services, which provide language, intelligence and exercise support services to the U.S. government and national security agencies. Both companies are accused of violating California overtime laws and federal overtime laws as set in the Fair Labor Standards Act (FLSA).

The alleged overtime pay violations involve non-exempt, hourly contractors who worked on rotations for a installations and realistic war training simulation project located at the U.S. Army at Fort Irwin, California.

Lead Plaintiff Solaiman Saifi alleges in the class action lawsuit that the companies failed to pay him for overtime hours that he worked in violation of CA wage and hour laws and FLSA overtime rules. The wage and hour lawsuit also alleges that Saifi and other putative Class Members would work 16-19 day “rotations” for which they were allegedly routinely denied timely and compliant meal and rest periods and the requisite pay for working through such breaks.

The class action lawsuit also accuses Calnet and Acclaim Technical Services of not crediting employees for all hours worked, including overtime work for which they were not adequately compensated at time-and-one-half or double time.

According to court documents, employees had no agreement to exclude sleep time from their compensation and would regularly complain about not being paid for this time. They were allegedly told if they did not like it they could go home.

Employees were trapped on base for the entirety of their rotation role play and had no means to leave, the class action lawsuit alleges. The complaint further alleges that employees would regularly be woken up at all times in the night during the rotation and did not receive a period of five hours of uninterrupted sleep time. As such, this sleep time is compensable, the class action lawsuit contends.

Labor Law for On-Call Time

The FLSA requires that covered employees be paid at least the federal minimum wage per hour for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records. On-call time becomes compensable under the FLSA when the on-call conditions are so restrictive or the calls to duty so frequent that the employee cannot effectively use on-call time for personal purposes.

Under California labor laws, California break laws require non-exempt, hourly employees to receive one 30-minute unpaid meal break at the conclusion of every five hours of labor performed.

The California wage and hour class action lawsuit is seeking full compensation for all overtime wages, full compensation for denied timely and compliant meal and rest periods, waiting time penalties, and premium pay as well as injunctive relief, including restitution, attorneys’ fees. A jury trial has been demanded.

The Calnet and Acclaim Technical Services Wage and Hour Lawsuit is Safi v. Calnet, et al., Case No: CIVDS1502150, filed February 18, 2015 in the Superior Court of the State of California for the County of San Bernardino.

Join a Free California Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now