Amanda Antell  |  November 22, 2017

Category: Labor & Employment

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Depositphotos_170347324_l-2015A recent California class action wage and hour lawsuit may soon be resolved after a BAE ship workers overtime settlement was proposed. According to the lawsuit, BAE Systems San Diego Ship Repair Inc. failed to pay employees overtime even though employees would work overtime on a regular basis.

According to the California class action wage and hour lawsuit, BAE violated state labor laws by failing to pay employees when they were leaving from ships, waiting in security lines, and returning tools.

The California class action wage and hour lawsuit was amended in September 2016, adding that the company sometimes required workers to arrive 15 minutes before their shift started in order to swipe in and then walk another 15 minutes to their site.

This off-the-clock work was reportedly unpaid, and employees would regularly miss their meal periods because they had to wait long lines to leave the job site. Furthermore, the company allegedly failed to compensate them for certain work-related expenses like their shoes and uniforms.

Overview of BAE Ship Workers Overtime Settlement

The BAE ship workers overtime settlement resolves the claims of 2,000 Class Members, each one working as a BAE ship worker. The company recently asked a California federal court to grant final approval of a $2.9 million settlement for the BAE ship workers overtime lawsuit.

BAE described the settlement amount as fair and reasonable, as it would resolve the numerous allegations of unpaid wages and missed meal breaks. The BAE ship workers overtime settlement was proposed to U.S. District Judge Janis L. Sammartino in October, after receiving preliminary approval in February.

Judge Sammartino also certified the settlement class, stating that each Class Member would receive compensation amounts based on the number of weeks the employee worked. Lead plaintiff Eduardo Nunez and other class members initially objected to the proposed BAE ship workers overtime settlement when it was presented back in July, but readjusted their stance when a supplemental notice was given to members in mid-August.

After the notices were sent, there were no new objections by either party. In fact, the BAE ship worker class has had an “overwhelmingly positive response to the settlement” and the workers strongly supported final approval.

The class representatives initially argued that the BAE ship workers overtime settlement amount was not enough to cover the financial damages sustained by the employees. However, a BAE lawyer stated the judge did not agree with objections, and that no other issues should come up before final approval.

California is one of the most progressive states in the country regarding employment protection laws, with a high minimum wage rate and protections in place for a variety of employees. Nonexempt employees must be compensated for any off-the-clock work under California labor laws, and missing meal breaks must be compensated by adding an extra hour of pay onto the workers’ paychecks. Employees who work over 40 hours a week or eight hours in a single day must be paid overtime rates, which is 1.5x the hourly rate. Companies operating in the state of California must adhere to these strict labor laws, or face potential legal repercussions.

This California Class Action Wage and Hour Lawsuit is Nunez v. BAE Systems San Diego Ship Repair Inc., Case No. 3:16-cv-02162, in the U.S. District Court for the Southern District of California.

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