Dyncorp Faces Allegations of Employment Law Violations

Dyncorp International LLC faced claims that its wage statements violated labor law, failing to allow employees to easily and quickly identify the number of hours they worked and the rate of pay applicable for hours worked during that pay period.

The Case: Fierro v.Dyncorp Int'l LLC

The Court: United States District Court, Central District of California

The Case No.: CV 19-07091DDP

The Plaintiff: Fierro v.Dyncorp Int'l LLC

The plaintiff in the case, Fierro, worked for Dyncorp International LLC ("Dyncorp) at the Point Mugu Naval Air Station ("Point Mugu") from December 2016 to July 2019. Fierro alleged that Dyncorp violated California labor law by failing to provide accurate wage statements showing applicable pay rates and hours worked for specific shift premiums.

The Defendant: Fierro v.Dyncorp Int'l LLC

The defendant in the case, Dyncorp, contends that, notwithstanding the omissions, the plaintiff did not demonstrate injury as required by law. Under Labor Code Section 226(a)(9), wage statements must accurately itemize "all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee . . . ." Cal. Lab. Code § 226(a)(9). However, only an "employee suffering injury" due to a deficient wage statement is entitled to recover statutory penalties. Dyncorp argued that the missing info from the wage statements could be identified using "grade school math," so there was no injury. On this basis, the defendant moved for summary judgment.

Details of the Case: Fierro v.Dyncorp Int'l LLC

In an order dated Jan 31, 2022, the court denied Defendant Dyncorp International LLC ("Dyncorp") 's Motion for Summary Judgment. While Dyncorp's argument had precedent, the court found the claim that the missing info could be derived using "grade school math" inaccurate. After examining two example wage statements, there was insufficient information to determine specific pay rates. Dyncorp argued that the "missing fact that dispels this seeming discrepancy" was available in other discovery documents (two collective bargaining agreements) that indicated a "shift differential premium" applicable to specific types of paid time off (i.e., vacation, holidays, jury duty, and personal paid leave). Dyncorp argued that considering that additional information and understanding, the wage statements can then be used to calculate the number of "Shft $2.05" hours worked in the given pay period and the pay allocated for them. Ignoring that the calculations needed to determine the necessary info were, once again, not as simple as Dyncorp claimed, the wage statements were still insufficient. The law requires wage statements employees can use to "promptly and easily determine" the number of hours worked at each applicable rate "from the wage statement alone." (Section 226, Cal. Lab. Code § 226(e)(2)(B)(I)). The court denied Dyncorp's move for summary judgment.

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