RIVERSIDE PATRIOT ENVIRONMENTAL EMPLOYEE CLASS
ACTION
The Employment Lawyers Group has brought a class action
against Patriot Environmental to recover unpaid wages and
related penalties because Plaintiffs were on restricted
standby otherwise known as on-call twenty-four hours a day,
seven days a week, but were not paid for every hour they made
themselves available to work for Defendant while they were on
restricted on-call.
If certified as a class action the lawsuit filed on July
31, 2015 will encompass all Patriot Environmental employees
who worked as emergency technicians and drivers from July 31,
2011 to the present at the following facilities:
- 508 East E. Street Wilmington,
California 90744;
- 1840 East Elm Street Ontario,
California 91761;
- 3628 Smith Avenue Acton, California
91350;
- 250 S. Hallock Drive Santa Paula,
California 93060;
- 3464 Pickett Street San Diego,
California 92110;
- 969 Carrier Way Bakersfield,
California 93308;
- 4171 E. Therese Fresno, California
93725;
- 255 Parr Boulevard in Richmond,
California 94801
Our law firm presently represents nine former and present
Patriot Environmental employees in this case. We have also
spoken to additional employees and believe California Labor
Code Violations have occurred.
Contact Lead Attorney, Karl Gerber at
1-877-525-0700 if you have any questions about the Patriot
Environmental Putative Class Action filed in Los Angeles
County Superior Court July 31, 2015.
ALLEGATIONS OF LABOR CODE VIOLATIONS AGAINST PATRIOT
ENVIRONMENTAL
Some of the facts the proposed class action lawsuit
against Patriot Environmental are based upon include:
The hours non-exempt technicians and drivers were not paid
but were on-call for must be compensated for at a minimum of
minimum wage because:
- There were extensive geographical limitations on the
Plaintiffs' movement during each 24 hour day seven days a
week while they worked for Defendant. Plaintiffs were
expected to report to the yard they worked out of within
approximately 30 minutes from when they received the
on-call, call. They were not allowed to live very far from
the yard. The employees were suspended (Dallas Cerda was
suspended) , yelled at, or not assigned work for a period
of time as punishment if they failed to respond to a call
by appearing at the yard within approximately 30 minutes
regardless of what time of the day it was or what day of
the week it was. There are many examples of this. On one
occasion when Tower traveled from the Murietta, California
(in Riverside County) to Long Beach to feed a family
member's dog his yard manager told him he was not paid to
feed dogs notwithstanding the fact Tower did not receive
any pay for being on call 7 days a week 24 hours a day.
Camacho was told to stay home and he was not assigned work
because he failed to answer an on-call when he was in the
shower. Some of the Plaintiffs were fired for missing an
on-call, call;
- The fact calls might come in at any given hour of a
twenty four hour period was not a theoretical question.
Plaintiffs routinely got calls at each hour during a twenty
four hour period and found themselves constantly having to
rush to these calls. There are numerous examples of
Plaintiffs abandoning what they were doing to make the call
such as Dallas Cerda had to leave in the middle of church,
and cancel dates in the middle of them. After experiencing
these situations Plaintiffs desisted from making plans
involving others, plans requiring the payment of an
admission fee, or leaving the geography of their homes and
Defendant's yard they were assigned to;
- It was not possible to trade the on call
assignment;
- The Plaintiffs' lives were unduly restricted when they
were not on the clock. They could not drink alcohol because
the prospect of them having to drive the company truck,
drive to the yard, operate equipment, and otherwise
maintain a high level of alert to do their type of work
always existed;
- There were severe repercussions for refusing an on-call
call, or not coming to the yard fast enough after hearing
about the call, including, but not limited to, those
examples specified in sub-paragraph a;
- Plaintiffs were told by the Ontario Manager this is an
on-call job, AIf you don't like it leave,
- Plaintiffs had to always have their gear bags with them
because they could be called to an on-call, call;
- Plaintiffs were specifically told not to make plans
because there would be calls the next day they would have
to respond to on-call, but no specific time was given.
Contact our California Labor Lawyers at
1-877-525-0700 if you have any questions about unpaid
wages
PATRIOT ENVIRONMENTAL FAILED TO PAY FOR TIME BETWEEN
JOBS
Patriot Environmental technicians were not paid for time
between jobs, calls, and their normally scheduled four hours
a day or eight hours a day. Often they were told to go back
to the yard and wait once one job ended, but they were not
paid for this.
EMERGENCY TECHNICIANS WERE NOT PAID FOR ALL TIME
WORKED
The Plaintiffs in this lawsuit allege Defendant=s
supervisors have a uniform practice of not always paying the
Plaintiffs for the actual hours they work, but rather
supervisors/management declared start and stop times for jobs
which are less than the actual hours worked and paid the
Plaintiffs based upon those false start and stop times.
PATRIOT ENVIRONMENTAL WORKERS ALLEGED MEAL BREAK
VIOLATIONS
The technicians and drivers at Patriot Environmental claim
when they were on jobs they did not get 30 minute
uninterrupted meal breaks before the expiration of their
fifth hour of work, or rest breaks every four hours of
work.
WHAT SPECIFIC LEGAL VIOLATIONS ARE ALLEGED IN THIS CLASS
ACTION
The labor practices alleged in the proposed class action
against Patriot Environmental include the following legal
theories:
- CALIFORNIA MINIMUM WAGE VIOLATIONS
- CALIFORNIA OVERTIME/DOUBLE TIME VIOLATIONS
- DAMAGES & RELIEF UNDER CALIFORNIA CONTROLLED
STANDBY LAW AND/OR REPORT TIME LAW
- COMMON COUNTS FOR REASONABLE VALUE OF SERVICES
- CALIFORNIA LABOR CODE ' 201-203 VIOLATIONS
- LABOR CODE ' 226 VIOLATIONS
- MEAL BREAK VIOLATIONS
- REST BREAK VIOLATIONS
- CALIFORNIA BUSINESS & PROFESSIONS CODE 17200
VIOLATIONS
Please contact our employee law firm at
1-877-525-0700 if you worked as a technician, driver, or
other employee of Patriot Environmental and experienced any
of the labor violations described in this post. It is our
practice to speak to as many similarly situated workers and
prospective
class members as possible.
We have offices near the following Patriot
Environmental locations: Gardena, Los Angeles, Sherman Oaks,
Bakersfield, Ontario, Oxnard, Riverside, and San
Diego.