Former Employee Claims California Air Cargo Company’s Practices Violate Labor Law

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A former employee of Swissport Cargo Services claims the company’s business practices violate labor law and fail to provide the company’s employees with full payment for their work hours.

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

The Court: Superior Court of California, County of Los Angeles

The Case No.: 24STCV31310

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

The plaintiff, William Hayes, Jr., worked for Swissport Cargo Services from July 10, 2024, through August 30, 2024. During his time at the company, Hayes claims the company failed to record all hours he and other employees worked accurately. Inaccurate timekeeping practices allegedly led to inaccurate and incomplete wages and wage statements, which violates labor law. Hayes filed a California wage and hour class action lawsuit representing himself and other former employees who qualify for the class.

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

The defendant, Swissport Cargo Services, L.P., provides air cargo services in California. According to the lawsuit, the air cargo provider allegedly violated numerous labor laws, including:

  • failing to pay their workers the minimum wage required by law (in violation of Labor Code §§ 1194, 1197, and 1197.1)

  • failing to provide their employees with an accurate itemized wage statement for each pay period (in violation of Labor Code § 226)

  • failing to provide employees with overtime wages when they work overtime (in violation of Labor Code § 510)

  • failing to provide employees with meal periods/rest breaks (in violation of Labor Code § 226.7 and 512 and the applicable IWC Wage Order)

  • failure to reimburse employees for necessary work expenses (in violation of Labor Code §2802)

  • failure to provide wages when due (in violation of Labor Code §§ 201, 202, and 203)

  • failure to provide sick pay wages (in violation of Labor Code §§ 201, 203, 233, and 246)

The plaintiff also claims the defendant engaged in unfair competition practices in violation of California Business & Professional Code §§ 17200.

What Qualifies as “Time Worked” for California Employees?

“Time worked” for a California employee is any time when the worker is subject to their employer’s control. Being “under an employer’s control” can refer to the time when an employee is allowed or permitted to work but not required to work, including active duty hours and any time the employee needs to remain on the worksite or business premises, wait for work to arrive or start, attend meetings, fulfill training requirements, etc. In addition, “time worked” for a California employee can refer to time when the employee was allowed to work and the work benefited the company/employer. If you have questions about how your employer defines “time worked,” contact an experienced employment law attorney to get answers for your job situation.

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

The plaintiffs in the case, William Hayes, Jr. vs. Swissport Cargo Services, L.P., seek compensation for their alleged lost wages, an injunction to prevent similar unlawful conduct in the future, and all other appropriate and legal equitable relief for the plaintiff and other class members who were economically injured by Swissport Cargo Services’ alleged unlawful conduct (past and present). The plaintiff filed the case in Los Angeles County Superior Court; it is currently pending.

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.