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