This class action involves California labor law and the failure of the defendants to pay employees for all hours worked and for missed meal and rest breaks. The defendants in this case include MRC Global US, Inc. and any other entities, whether corporate, individual, or otherwise, that may be deemed an agent of MRC Global or an employer of the plaintiff in this case.
The class for this action is all current and former hourly or non-exempt employees of MRC Global US, Inc. or the other defendants, in California, at any time between July 5, 2015 and the final judgment of this case.
Plaintiff Louis Castellon was an hourly, non-exempt employee between February and November 2018 in California. Castellon says that he and his coworkers worked more than eight hours in a day and more than forty hours within a week.
The law requires that hourly, non-exempt employees be paid for all hours worked. When they work overtime—more than eight hours in a day or forty hours in a week—they must be paid overtime. Overtime consists of time-and-a-half each hour over eight in a day or forty in a week, or for the first eight hours on the seventh day of work in a week. If work exceeds twelve hours in a day or over eight hours on a seventh day in the week, overtime pay is double time. The complaint claims the employees were not paid these overtime rates or paid for all the hours they worked.
In addition, hourly, non-exempt workers are entitled by law to meal breaks or rest periods. The complaint says that Castellon and his fellow workers were not given these breaks or rest periods.
The law says that when employees are forced to miss meal or rest breaks, their employer must pay them extra for the missed meal or rest break. If an employee must work for more than ten hours in a day, a second meal break is required. However, the complaint says that Castellon and the other workers were never compensated for their missed meal periods or breaks.
These violations automatically lead to others. For example, the complaint alleges that because of them, workers’ wage statements and payroll records were not accurate, and workers were not paid everything they were owed at termination.
The counts in this case refer primarily to the California Labor Code, except for the last one, having an unfair advantage in business, which refers to the California Business & Professions Code.