Broadspectrum Downstream Class Action Settlement to Cover Back Wages

Parties have agreed to a Broadspectrum Downstream class action settlement that would compensate California employees for work they had allegedly not been paid for.

Broadspectrum Downstream Services Inc. and a Class of its California employees asked a California federal judge to grant preliminary approval of the settlement in November 2016.

The parties say the settlement is fair, reasonable and adequate following two years of litigation, full discovery, and several rounds of mediation and bargaining.

If approved as proposed, the Broadspectrum Downstream class action settlement will establish a $3.45 million fund to compensate employees working at California refineries who were allegedly required to do uncompensated preparatory work before the start of their shifts.

The settlement also requires Broadspectrum Downstream to pay payroll taxes on the amounts paid to Class Members to cover unpaid wages.

Allegations Lead to Broadspectrum Downstream Class Action Settlement

Lead plaintiff Kevin Woodruff filed this employee rights class action lawsuit in September 2014. Woodruff was a field employee of Broadspectrum Downstream who did maintenance work for the company at refineries in California.

Woodruff had alleged the company had failed to pay workers, both at the regular and overtime rates, for work done prior to the beginnings of their shifts.

Workers were allegedly expected to attend meetings, gather tools, put on uniforms and safety equipment, pass through a security checkpoint, and travel to other locations within the refinery complex, all before they actually clocked in.

Woodruff claimed it was company policy not to pay employees for these work-related tasks. He argued that by requiring employees to take on these work-related tasks outside of their compensated time, Broadspectrum Downstream had violated California unfair competition and wage and hour laws.

The motion for approval also seeks certification of the proposed plaintiff Class for settlement purposes, with appointment of Woodruff’s attorneys to serve as class counsel.

Members of the proposed plaintiff Class include about 2,000 Broadspectrum Downstream employees who worked as laborers, helpers and safety attendants at California refineries between Sept. 20, 2010 and the date of final approval of the settlement.

The motion for approval of the Broadspectrum Downstream class action settlement mentions an earlier, similar action involving over 9,000 other California employees. That action resulted in a $6.4 million settlement, according to the motion.

The parties cited the settlement of that earlier action in support of their request to approve the current settlement on a class-wide basis.

In addition to covering payouts for each Class Member, the settlement fund will cover a proposed $10,000 service award for Woodruff as incentive for acting as lead plaintiff. Court costs and attorneys’ fees will also come out of the settlement fund.

The Broadspectrum Downstream Class Action Settlement is Kevin Woodruff v. Broadspectrum Downstream Services Inc., Case No. 3:14-cv-04105 in the U.S. District Court for the Northern District of California.

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