Broadspectrum Downstream Lawsuit Seeks Unpaid Wages for Oil Platform Safety Personnel

An oil platform safety attendant has filed a Broadspectrum Downstream lawsuit against the refinery services company over allegations that the company violated a multitude of wage and hour laws including the violation of the Fair and Labor Standards Act (FLSA).

Plaintiff Angel V. files the Broadspectrum Downstream lawsuit as a class and collective action complaint on behalf of all those similarly situated. The lawsuit was filed in the U.S. District Court for the Northern District of California on Nov. 6, 2018.

According to the Broadspectrum Downstream lawsuit, Angel says that he and others were classified as non-exempt employees who withheld a variety of positions including Safety Attendants. Angel says he worked for the company as a Safety Attendant and Safety Foreman since 2011 on a project basis where he would be hired and terminated with each subsequent project.

Angel also says that he along with other employees would be paid on an hourly rate for their services. The lawsuit states, however, that he would typically work “ten or twelve hour shifts for thirteen consecutive days, followed by one day off, and then another thirteen consecutive days of ten or twelve-hour shifts.”

Unfortunately, with such a demanding work schedule, Angel says that he along with his colleagues would often be “denied compensation for all hours worked, including overtime for work in excess of eight hours per and forty hours per week,” the lawsuit states.

The Broadspectrum Downstream lawsuit was filed on a count of violation of the FLSA among other California wage and hour law violations. Some violations alleged against the company include:

• Failing to compensation Angel and all putative Class Members for all hours worked including overtime and minimum wage compensation; a violation of the Labor Code and Wage Order
• Requiring employees to work for the company during off-the-clock hours without pay
• Failure to provide putative Class Members timely meal and rest periods for which they are entitled

Overview: Broadspectrum Downstream Lawsuit and the FLSA

According to the U.S. 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 governments.” Under the FLSA, minimum wage is set at $7.25 per hour and many states have their own minimum wage laws that must be abided by. California law sets its minimum wage at $11 per hour for employers with 26 or more employees and $10.50 per hour for employees with 25 or less employees.

If you or someone you know have had their wage and labor law rights violated for any of the following circumstances such as missed lunch breaks, the failure to pay minimum wage, and unpaid overtime wages, you may be entitled to join a free class action lawsuit investigation. Some of the practices that could run afoul of the FLSA or California employment law include:

• Not paying proper overtime wages
• Rounding time
• Failing to properly calculate overtime pay
• Not providing uninterrupted meals/rest breaks
• Not paying proper minimum wage
• Not paying one hour for missed rest/meal breaks
• Failing to pay wages on time and upon termination
• Failing to pay for mandatory pre-employment physical examinations
• Failing to reimburse for job-related expenses; and
• Failing to provide written notice of material terms of employment

The Broadspectrum Downstream Lawsuit is Case No. 4:18-cv-06741, in the U.S. District Court for the Northern District of California.

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