Building Trades News

“These refineries and power plants are making billions of dollars of profits on the backs of these workers, and the workers deserve what they are entitled to by State Law.”

The cases come on the heels of two similar class-action suits that were filed in federal court in California, Small v. Brinderson and Camorlinga v. Jacobs Field Services North.

The most recent cases involved safety inspectors working for ConAm who filed suit in Federal Court this past summer, (Lee et al v. Con Am Inspection and Engineering Services, Inc.), and on Dec. 5, pipe fitters and electricians performing work for the GE Power Plants in Romoland California involving Total Western, QCI, and CES also filed suit. The lawsuits were filed by the Law Offices of Ellyn Moscowitz. Some of these cases are currently in mediation.

"The workers in these cases are hard working people, many from outside of California who were not informed of their rights to be paid daily overtime, were not aware they had a right to a second half hour meal period and were not paid for the missed meal period. These refineries and power plants are making billions of dollars of profits on the backs of these workers, and the workers deserve what they are entitled to by State Law" says Ellyn Moscowitz "and we are pleased the workers have come forward to assert their rights."

The suits seek recovery of unpaid overtime compensation, compensation for missed restitution, statutory penalties, declaratory relief an injunctive relief and attorney's fees and costs.

California wage hour law is governed by the Labor Code and a series of 17 industrial and occupational regulations known as Wage Orders that are promulgated by the Industrial Welfare Commission of California. The Wage Orders establish the minimum standards regulating wages, hours and working conditions.

Many refineries require the craft workers to work a 4/10 work schedule. California requires daily overtime be paid at the time and one half rate after 8 hours in a day, not 40 hours in a week. Per Labor Code section 510-511 and Industrial Wage order-16, unless the employer notices and holds a secret ballot election, approved by 2/3 of the work unit at specific work locations, the employer is not excused from paying daily overtime. The law does not apply where a collective bargaining relationship exists.

Brinderson Constructors had challenged these laws as invalid, but were overruled by the Court of Appeal in Small v. Brinderson, in Feb.(148 Cal.App. 4th 222 -2007) and review was denied by the California Supreme Court. Moscowitz said that the Brinderson decision reaffirmed "that the California Legislature wants workers to work only an 8 hour day, and if they must work overtime after 8 hours in a day, they must be paid the overtime rate," except where employees vote in a secret ballot election by a 2/3 vote to be exempt from overtime.