$3.6 Million Settlement to Resolve Sherwin-Williams Wage and Hour Claims

Managers and associates of Sherwin-Williams banded together to file claims against their employer alleging failure to pay overtime, provide required meal breaks and rest periods, and other California labor law violations in Anderson v. The Sherwin-Williams Company No. 5:17-cv-02459 (C.D. Calif. May 12, 2020). As a result, Sherwin-Williams Company will pay $3.65 million to settle the claims.  

A Brief Outline of the Case: Anderson v. The Sherwin-Williams Company

Workers in the case allege that he paint store not only did not pay proper overtime, and provide mandatory meal breaks and rest periods, but that they also failed to completely reimburse work expenses. Approximately 5,700 Sherwin-Williams workers are included in the settlement class according to court documents.   

A History of the Case: Anderson v. The Sherwin-Williams Company

Plaintiffs in the case filed suit under California law, but in this type of case, the federal Fair Labor Standards Act (FLSA) is often violated. The case includes the type of common allegations that frequently result in large settlements – like the one Sherwins-Willimans proposed to resolve the claims. 

Common FLSA Violations: Meal Breaks

Meal Breaks: Failure to keep track of, provide, or authorize meal breaks as required by law is responsible for many wage and hour related claims, even more so when they involve automatic deductions. For instance, some employers automatically deduct the 30 minutes from their worker's pay as if they always take their rest period, but do not actively ensure that the workers actually take the time off (or even actively make it possible for them to take the mandatory meal break or rest period). According to labor law, workers are supposed to be provided with meal breaks and rest periods during which they are not working.  

Off the Clock Work: Automatic deductions for breaks/rest periods are not prohibited, but employers are required to provide employees with payment for all hours worked, so if deductions are made, but employees are not taking the time off work, they are not being paid for their time. Additionally, employers are required to keep accurate records of all hours worked, so if breaks are recorded, but not taken, records being kept are inaccurate. Off the clock work is a common FLSA violation that leads to many off the clock wage and hour lawsuits. 

Overtime Pay: Another common FLSA violation is failure to provide accurate overtime pay for workers who are working more than full time. FLSA obligates employers to pay their nonexempt workers time and one-half for all hours worked beyond 40 in one workweek. 

If you need to talk about employment law violations, or if you need to file a California wage and hour lawsuit, we can help. Get in contact with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.