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Plaintiff Terry S. has filed a lawsuit in California federal court against oil and gas exploration company California Resources Corp., alleging violations of California wage and hour laws.
According to the California wage and hour lawsuit, Terry says he worked for California Resources Corp. as a drill site manager. He had worked for CRC between 2010 and 2014.
However, despite working solely for the defendant, Terry says he was not paid an overtime wage for any overtime hours that he had worked, the California wage and hour lawsuit alleges.
His contention is that by classifying him as an independent contractor and failing to pay him any overtime wages, CRC violated the federal Fair Labor Standards Act and California law, the California wage and hour lawsuit purports.
Overtime provisions under the FLSA state that employees must be paid 1.5 times their regular rate of pay, or “straight time,” for all hours worked in excess of 40 in a single workweek.
The California wage and hour lawsuit purports that Terry “seeks back wages, liquidated damages, attorney fees, costs, and all other remedies available under the FLSA and California law for himself and all similarly situated class members under the FLSA and California law.”
The California wage and hour lawsuit is filed as a class action on behalf of all those similarly situated. It defines the FLSA Class as “independent contractors employed by, or working on behalf of, California Resources Corp., and working in the United States in the past three years who were paid straight time for overtime.”
Under the California Labor Code, the California Class Members are defined as being all independent contractors who worked for CRC in the past four years and who were paid straight time for overtime.
The Fair Labor Standards Act Facts
The Fair Labor Standards Act and state employment laws were enacted to protect workers against wage abuse. Workers who have been denied overtime pay or minimum wage can file lawsuits against their former employers to obtain those wages.
According to the Department of Labor, the FLSA “establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local government.”
The Department says that “covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of week in a workweek.”
Some common violations include the following: misclassification of exempt employees; independent contractor misclassification; off-the-clock work; unpaid on-duty meal and rest breaks; improper calculation of the regular rate; improper deductions from salaried employees; illegal tipping practices; failure to pay minimum; and failure to pay overtime pay.
Violations under the FLSA are filed as “collective actions,” while alleged state labor violations are typically filed as traditional class action lawsuits.
The California Wage and Hour Lawsuit is Case No. 2:17-cv-07195-JAK-JEM, in the U.S. District Court for the Central District of California, Western Division.
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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.
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