Claim Involved Travel Time and Off-the-Clock Work On Construction Sites.
In 2015, a firm client was sued in Los Angeles Superior Court by a former employee/carpenter alleging the failure to pay overtime and minimum wages, failure to provide meal and rest breaks, and failure to reimburse for necessary business expenses. The lawsuit also included claims under California’s Unfair Competition Law (Bus. & Prof. Code, §§ 17200 et seq.) and waiting time penalties under California Labor Code Section 203.
The lawsuit sought to join thousands of other tradesmen throughout California in a single class action. Specifically, the former employee claimed he was not paid for such things as: (1) donning and doffing personal protective equipment like high-visibility vests and hard hats, and (2) traveling between worksites and to out-of-town jobs.
Class Certification motion denied and Lawsuit dismissed.
The firm aggressively defended the client, filing over 2,000 pages of declarations, depositions, and other evidence to defeat the class action certification motion in its entirety. After over six years of litigation, the lawsuit was ultimately dismissed with the firm’s client paying $0.
Counsel: Chad T. Wishchuk