Gilmore Services Faces Labor Law Violation Allegations
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A recent lawsuit claims that Gilmore Services failed to provide employees with the meal breaks and rest periods required by labor law.
The Case: Michael Halton vs. Gilmore Services
The Court: Sacramento County Superior Court
The Case No.: 24CV022470
The Plaintiff: Michael Halton vs. Gilmore Services
The plaintiff, Michael Halton, worked for Gilmore Services in California from December 2023 to April 2024. As a non-exempt hourly employee, Halton was entitled to legally required meal breaks and rest periods, minimum wages, and accurate overtime pay. In November 2024, Halton filed a class action lawsuit alleging that the company engaged in multiple labor law violations.
The Defendant: Michael Halton vs. Gilmore Services
The defendant, Gilmore Services, provides heating, ventilation, and air conditioning services. According to the plaintiff's claims, California employers failed to compensate their employees fully in compliance with labor law. Multiple labor law violation allegations are included in the California class action lawsuit, including:
Failure to provide meal breaks
Failure to provide rest periods
Failure to provide employees with accurate compensation for missed breaks
Failure to pay workers for all hours worked
Failure to provide compensation for "off-the-clock" work
Failure to provide accurate overtime wages
Failure to reimburse for business expenses
Failure to provide accurate itemized wage statements
The plaintiff in the case claims the company engaged in systematic business practices that purposefully violated labor law to minimize the cost of payroll and increase profits.
What is Defined as "Time Worked" for California Employees?
For California employees, "time worked" encompasses any time when an employee is subject to the control of their employer, including the time an employee is permitted to work, whether or not they are performing work tasks, for example:
time when an employee is on duty or required to be at a designated work area - whether or not they are actively completing job duties at the time or waiting for work that needs to be completed,
any rest periods or meal breaks when an employee is not relieved of all their job duties, required to be "on call," or remain at a designated work area,
travel time between job sites (the commute to and from work does not typically count as paid time),
"Before" and "After" prep or clean up work such as setting up equipment or putting on protective gear, etc, or
On-call time when an employee must stay on business premises or close to their workplace.
The Case: Michael Halton vs. Gilmore Services
In the case, Michael Halton vs. Gilmore Services, the plaintiff and other members of the California class seek an injunction to prevent repeat situations at the company with future employees and relief for the plaintiff and class members' lost wages.
If you have questions about filing a California employment law class action, reach out to Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced class action attorneys are available at various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago to assist you.
