Did Swissport Cargo Services, L.P. Fail to Provide their Workers With Full Wages?

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A recent California wage and hour lawsuit questions whether Swissport Cargo Services paid their employees for all the hours they worked.

The Case: William Hayes, Jr. v. Swissport Cargo Services, L.P.

The Court: California's Los Angeles County Superior Court

The Case No.: 24CV05042

The Plaintiff: William Hayes, Jr. v. Swissport Cargo Services, L.P.

The plaintiff, William Hayes, Jr., worked for Swissport Cargo Service, L.P. from July 10, 2024, through August 30, 2024, as a nonexempt hourly employee entitled to the protections of federal and state labor laws.

The Defendant: William Hayes, Jr. v. Swissport Cargo Services, L.P.

The defendant, Swissport Cargo Services, L.P., allegedly required employees to work while clocked out on their legally mandated off-duty meal breaks, employed a uniform practice of rounding employee hours down (to benefit the employer), and required mandatory off-the-clock COVID-19 screenings before workers could clock in for work.

The Allegations: William Hayes, Jr. v. Swissport Cargo Services, L.P.

According to the plaintiff's allegations, Swissport Cargo Services, L.P allegedly violated numerous labor laws, including:

• failing to pay workers minimum wage (determined by labor law)

• failing to provide overtime wages for overtime hours

• failing to provide mandatory meal and rest periods

• failing to offer workers their itemized wage statements

• failing to reimburse workers for any required business expenses

• failing to pay employees their sick wages

According to the class action, the California employer violated various California Labor Codes. The alleged violations leave the company open to potential civil penalties.

Two of the Most Common Labor Law Violations in California:

The William Hayes, Jr. v. Swissport Cargo Services, L.P. case is a good example of two of the most common labor law violations seen in California: wage violations and wage statement violations.

Wage Violations: California employers are required to pay employees for all the time they work. "Time worked" refers to the time during which an employee is subject to the control of the employer. (This includes the time the employee is "permitted" to fulfill their job duties). Failing to pay employees for all their hours worked due to "rounding" practices for employee hours and payroll purposes often leads to minimum wage violations and overtime pay violations.

Wage Statement Violations: California employers are required to furnish each employee with an accurate itemized wage statement for each pay period. The wage statement must include rates of pay used during the pay period, total hours worked, and a designation of the pay period itself. A standard practice of rounding employee hours "down" often leads to inaccurate wage statements in violation of labor law.

The Case: William Hayes, Jr. v. Swissport Cargo Services, L.P.

In William Hayes, Jr. v. Swissport Cargo Services, L.P., the class seeks compensation for the losses caused by the defendant's policies and practices allegedly failing to compensate employees lawfully. Additionally, they seek an injunction preventing the company from exhibiting similar conduct in the future. The case is pending in California's Los Angeles County Superior Court.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

PetVet Care Centers Faces Allegations they Failed to Record All Employee Hours

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As a California employer, PetVet Care Centers, LLC must pay its employees for all their work hours. A recent lawsuit claims they failed to do so, which violates California's labor laws.

The Case: Renee Ramirez v. PetVet Care Centers

The Court: California's Santa Barbara County Superior Court

The Case No.: 24CV05042

The Plaintiff: Renee Ramirez v. PetVet Care Centers

The plaintiff, Renee Ramirez, began work at PetVet Care Centers in July 2022. In September 2024, she filed a California wage and hour lawsuit on behalf of herself and other employees in similar situations at the PetVet Care Centers. When she filed, Ramirez was still a current employee of PetVet Care Centers as a non-exempt hourly employee entitled to the protections of labor law.

The Defendant: Renee Ramirez v. PetVet Care Centers

Ramirez filed a class action alleging PetVet Care Centers, LLC violated the California Labor Code. The defendant owns and operates pet care hospital facilities in California. According to the California class action, PetVet Care Centers, LLC allegedly failed to accurately record their employees' time on the job, which caused alleged inaccurate wages and missed overtime pay.

The Allegations: Renee Ramirez v. PetVet Care Centers

According to the plaintiff's allegations, PetVet Care Centers, LLC allegedly violated numerous labor laws, including:

• failing to pay at least minimum wage

• failing to provide overtime wages for overtime hours

• failing to provide mandatory meal and rest periods

• failing to offer workers their itemized wage statements

• failing to reimburse workers for any required business expenses

• failing to pay employees their sick wages

According to the class action, the California employer violated various labor laws, including California Labor Code Sections 201-203, 226, 226.7, 233, 246, 510, 512, 1194, 1197, 1197.1, 2802, and the applicable Wage Order(s). The alleged violations leave the company open to potential civil penalties.

Does Your Employer Pay You for All the Hours You Work?

If you aren't sure if your employer is paying you for all your work hours, you can find out without a lot of hassle.

Track Your Hours: Use a reliable method to log every work hour, including start and end times and breaks.

Review Pay Stubs: Regularly check your pay stubs to ensure all hours logged are accounted for and correctly paid.

If you notice any discrepancies or you still have questions, contact an experienced employment law attorney to discuss local and federal wage laws and counts as compensable time so you can ensure your hours and overtime align with state and federal regulations.

The Case: Renee Ramirez v. PetVet Care Centers

In Renee Ramirez v. PetVet Care Centers, the class seeks compensation for the losses caused by the defendant's policies and practices allegedly failing to compensate employees lawfully. The case is currently pending in the California Superior Court of Santa Barbara County.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Wrongful Death Lawsuit Filed Against Santa Barbara County Sheriff After an In-Custody Fatality

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The family of a deceased California man filed a wrongful death lawsuit against the Santa Barbara County Sheriff, alleging negligence and misconduct leading to a tragic in-custody death.

The Case: San Juana Rodriguez-Gonzalez et al. v. County of Santa Barbara et al.

The Court: Los Angeles Federal Court

The Case No.: 2:24-cv-04685

The Plaintiff: San Juana Rodriguez-Gonzalez et al. v. County of Santa Barbara et al.

The Decedent's family filed a lawsuit in Federal Court in Los Angeles against the Santa Barbara County Sheriff (and others) after the in-custody death of their son, Luis Duron. The wrongful death lawsuit was filed on June 5, 2024.

The Incident: San Juana Rodriguez-Gonzalez et al. v. County of Santa Barbara et al.

According to court documents, the Decedent, Luis Enrique Duron-Rodriguez, was pursued for excessive speed by Santa Barbara Sheriff Deputies on August 31, 2023, around 6:16 am on Hollister Avenue. Duron-Rodriguez drove his Infinity vehicle until it collided with a parked vehicle before he struck a tree. The collision resulted in notable front-end damage, resulting in deployed airbags. Santa Barbara's fire department responded to the scene. Duron-Rodriguez was transported from the scene of the collision to Goleta Cottage Hospital, where he was evaluated before medical staff released him for booking.

Court Records Indicate A Problem became apparent soon after booking

According to documentation of the incident, Duron-Rodriguez was booked for:

1) suspicion of driving under the influence, resulting in injury

2) reckless driving, and

3) hit and run with injuries.

The court records also indicate that the Decedent was not immediately placed on alcohol withdrawal syndrome protocol. The following day, Duron-Rodriguez appeared confused and disoriented. On September 2, 2023, Duron-Rodriguez was found unresponsive in his Santa Barbara County jail cell. Medical staff began life-saving measures, including CPR and placement of an AED, and transported Duron-Rodriguez back to Cottage Hospital. However, he died at the hospital.

Plaintiffs Claim Negligence in Santa Barbara In-Custody Death

In this case, the Santa Barbara County Sheriff (along with other implicated parties) faces accusations of negligence surrounding the in-custody death of Duron-Rodriguez. The family of Duron-Rodriguez specifically claims that medical personnel at the Santa Barbara County Jail did not administer essential care for his injuries resulting from a collision and for symptoms related to substance withdrawal syndrome.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable wrongful death attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Substantial Wrongful Death Settlement Reached After Tragic Mercer County Collision

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In a poignant resolution to a devastating tragedy, families of two brothers-in-law who perished in a fiery collision in Mercer County have secured a nearly $2 million settlement, highlighting the legal avenues for wrongful death redress in fatal accidents.

The Case: Ashley Reed et al. v. James W. Bilton et al.

The Court: Superior Court of New Jersey, Mercer County

The Case No.: MER-L-1631-19

The Incident: Ashley Reed et al. v. James W. Bilton et al.

The wrongful death case, Ashley Reed et al. v. James W. Bilton et al., started in the early afternoon of March 26, 2018. That afternoon, Arthur “Artie” Reed and Mark Leary, brothers-in-law, drove on Route 29 in Mercer County, New Jersey. The two were going to pick up Mark’s adopted son David from school, but they never made it. That day, just before 1 pm, a 2007 Mack dump truck headed northbound on the same road collided with the two men’s vehicle. The head-on collision resulted in Artie’s car being pinned under the dump truck, at which point the two vehicles burst into flames. Artie and Mark were trapped inside. Mark was incinerated, and flames engulfed critically injured and unconscious Artie.

Settling the case: Ashley Reed et al. v. James W. Bilton et al.

The families the men left behind filed a wrongful death lawsuit, which was finally settled after six years. DAT LLC (the dump truck owner involved in the collision) and the State of New Jersey were jointly responsible for paying the nearly $2 million settlement to resolve the suit.

The Plaintiffs Claim Two Parties’ Negligence Led to the Incident:

The collision was a horrific tragedy that the plaintiffs claim was due to the negligence of two other parties that day: the driver of the dump truck (along with the entity that owned the truck) and the State of New Jersey’s negligent design of that particular stretch of Route 29 (including the shoulder, clear zone, and steep drop off from the road to the grass against the roadway that feel below appropriate standards. The grieving families made it clear throughout the wrongful death lawsuit that they believed if the dump truck driver had kept his truck in its lane or if New Jersey had complied with state and federal design standards for that stretch of Route 29, both Mark and Artie would still be alive.

Mercer County Fiery Collision: The Nearly $2 Million Settlement

The nearly $2 million settlement consisted of two payments. The 1st payment was a policy limit offer from the DATLLC insurance company; the company was forced to close its business following the incident. The 2nd $950,000 payment came from the State of New Jersey. The settlement came after long, aggressive litigation.

If you have questions about filing a California wrongful death lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable wrongful death attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Evergreen and Pactiv Packaging Class Action Lawsuit: California Workers Due Wages

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In a California class action lawsuit, Evergreen and Pactiv Packaging are facing allegations they didn’t pay their employees the complete wages they are owed.

The Case: Latosha Dehart vs. Evergreen and Pactiv Packaging

The Court: Stanislaus County Superior Court of the State of California

The Case No.: CV-24-005982

The Plaintiff: Latosha Dehart vs. Evergreen and Pactiv Packaging

The plaintiff, Latosha Dehart, filed a class action complaint against Evergreen and Pactiv Packaging for allegedly failing to provide employees with timely, off-duty meals and rest periods.

The Defendant: Latosha Dehart vs. Evergreen and Pactiv Packaging

The defendant, Evergreen and Pactiv Packaging, allegedly violated several labor laws, including multiple California Labor Code Sections (§§ 201, 202, 203, 204, 210, 226, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, and 2802). The business practices and behaviors that constituted labor law violations were:

  • Not paying wages when due

  • Failing to meet minimum wage requirements

  • Failing to provide accurate overtime pay

  • Not reimbursing employees for work expenses

  • Failing to provide accurate itemized wage statements

  • Failing to offer employees mandatory rest periods and meal breaks

What to Do When You Aren’t Paid All Your Wages?

If you aren’t paid your full wages due, take the following steps to ensure you receive fair compensation:

Document your hours: Keep accurate records of all your hours, including overtime, as this will serve as essential evidence.

Review your wage statements: Regularly check your pay stubs to ensure they accurately reflect the hours worked and the wages owed.

Raise the issue internally: Report any discrepancies to your human resources department to allow them to correct any errors.

Consider joining the class action: If the issue is systemic, joining the lawsuit can provide a collective avenue for seeking redress.

Talk to a lawyer: Consult an employment law attorney and ask about recovering unpaid wages.

These proactive steps can help safeguard your rights and ensure you are fully compensated according to labor laws.

The Case: Latosha Dehart vs. Evergreen and Pactiv Packaging

The lawsuit alleges Evergreen and Pactiv Packaging failed to pay their employees for all the time they worked, an alleged California Labor Code violation. The case is currently pending in the Stanislaus County Superior Court of the State of California.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Mossy Automotive Accused of Failing to Pay Full Wages

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Mossy Automotive is facing a wage and hour class action lawsuit alleging that the car dealer failed to pay its workers all their wages; the case spotlights potential systemic wage and hour issues.

The Case: David Bratt vs. Mossy Automotive

The Court: San Diego County Superior Court of the State of California

The Case No.: 24CU002277C

The Plaintiff: David Bratt vs. Mossy Automotive

The plaintiff, David Bratt, started working for Mossy Automotive in January 2023. Bratt worked for Mossy Automotive as a nonexempt hourly employee with non-discretionary bonuses. As such, he was entitled to minimum wage, overtime pay, meal breaks, and rest periods as outlined by labor law. He filed a class action complaint against the California employer, alleging they failed to compensate him for all his hours. According to the lawsuit, some nonexempt, exempt, piece-rate based, or commission-based employees from July 22, 2020, to the present may have been entitled to additional separate hourly compensation for the time they spent working on non-sales related job duties during their Mossy Automotive shifts.

The Defendant: David Bratt vs. Mossy Automotive

The defendant, Mossy Automotive, is a family-owned dealership providing automobiles, parts, and services for Nissan, Toyota, Ford, VW, Honda, Mitsubishi, and Infiniti vehicles in the San Diego area. According to the class action lawsuit, Mossy Automotive engaged in multiple wage and hour violations: failing to pay minimum wage and overtime wage, failing to provide meal breaks and rest periods, failing to provide reimbursements for business expenses, failing to provide wages on time, and failing to provide accurate itemized wage statements. These allegations constitute violations of numerous labor laws, including unfair competition in violation of California Labor Code Sections §§ 201, 202, 203, 204, 206.5, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198 & 2802

How to Respond If Your Employer Doesn't Pay You the Wages You Deserve:

California employees who believe they aren't receiving their full wages per labor laws can take action through these simple steps:

Look at Your Pay Stubs: Keep an eye on your pay stubs so you are aware of any discrepancies.

Know Your Employment Terms: If you have an employment contract, refresh your memory of the terms of your employment and make sure you understand the terms.

Track Your Hours: Keep a detailed record of your work hours, including overtime.

Report Any Issues to HR: Initially address your concerns about discrepancies between your records and the company's records with the HR department; an internal resolution is the quickest outcome.

Join the Class Action: If there is already a class action in progress, and your issue mirrors your colleagues, consider joining the class action.

Seek Legal Counsel: Talk to an employment lawyer about filing a wage and hour claim.

These steps can help you actively pursue the full compensation you are entitled to while contributing to broader efforts to address systemic pay issues in the workplace.

The Case: David Bratt vs. Mossy Automotive

The lawsuit alleges Mossy Automotive failed to provide workers with all the wages they were due; which is an alleged California Labor Cod violation. The case, David Bratt vs. Mossy Automotive, is currently pending in the San Diego County Superior Court of the State of California.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.

Seeking Justice: Lawsuit Claims PAQ, Inc. Failed to Pay Full Wages

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PAQ, Inc. is under legal scrutiny regarding wage compliance issues after Lorenzo Sibley filed a California employment law class action.

The Case: Lorenzo Sibley vs. PAQ, Inc.

The Court: San Joaquin County Superior Court of the State of California

The Case No.: STK-CV-UOE-2024-14148

The Plaintiff: Lorenzo Sibley vs. PAQ, Inc.

The plaintiff, Lorenzo Sibley, filed a class action complaint alleging that PAQ, Inc. violated the California Labor Code.

The Defendant: Lorenzo Sibley vs. PAQ, Inc.

The defendant, PAQ, Inc., allegedly failed to reimburse employees for required business expenses. Allegedly, this resulted in inaccurate and incomplete wages and wage statements. The allegations listed in the lawsuit include failing to pay minimum wage, failing to pay overtime wages, failing to pay wages when due, failing to reimburse employees for required business expenses, failing to provide workers with rest periods and meal breaks, and failing to provide workers with accurate itemized wage statements. These allegations would constitute violations of numerous California Labor Code Sections, including 201-203, 226, 226.7, 233, 246, 510, 512, 1194, 1197, 1197.1, 2802, and the applicable Wage Order(s).

What Steps Should You Take if You Aren't Paid Your Full Wages?

If you suspect you haven't been paid your full wages, here are practical steps to help you reach a satisfactory resolution:

  • Track Your Hours: Gather documentation of your work hours to compare it against the company's records.

  • Check Your Pay Stubs: When you are issued a pay stub, always check it for accuracy against your records.

  • Discuss Discrepancies with HR: Discuss discrepancies with your company's HR department.

  • File a Wage Claim: If the issue is not resolved internally, talk to a local employment law attorney about filing a wage claim.

Taking these steps helps secure your wages and reinforces the importance of fair labor practices within the workplace.

The Case: Lorenzo Sibley vs. PAQ, Inc.

The case, Lorenzo Sibley vs. PAQ, Inc., is currently pending in the San Joaquin County Superior Court of the State of California.

If you have questions about filing a California wage and hour class action lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.