People don’t function well when they’re overly hungry or fatigued. Under those conditions, they can also make mistakes which lead to accidents. California’s labor laws and wage orders require regular meal breaks and rest periods or penalties for not providing them, but the complaint for this class action alleges that Trinity Services Group, Inc. did not comply for its California-based workers.
The class for this action is all persons who are or have been employed on an hourly basis by Trinity Services Group in California between April 5, 2015 and the present.
California has its own labor laws and Industrial Commission Wage Orders, and they are more specific and stringent than national labor laws. Plaintiff Mark Anthony Parra worked for Trinity on as an hourly worker in California and makes a number of complaints against the company under those laws and regulations.
First, he alleges that the company did not tell employees that they were entitled to first and second meal breaks under California law. The first meal break is required within five hours after the beginning of the shift; the second is required within ten hours. According to Parra, the company often did not provide employees with these first or second meal breaks, and did not give employees an extra hour of pay to compensate when they did not get them.
Second, California laws require that workers be given ten-minute rest periods after four-hour work periods. Parra alleges that the company did not tell them they were entitled to such rest breaks and did not provide them, nor did they give workers an extra hour’s pay each time they did not provide them.
Finally, California laws require that all wages due be paid promptly at separation. Parra claims that the company did not meet this requirement, because it did not pay the above amounts owed, and because it did not promptly pay employees who quit or were terminated; instead, it waited for the next payday to cut their final checks.
The complaint makes claims based on these three violations, plus allegations of unfair competition under California’s Business and Professions Code.
The complaint asks for compensatory damages in the amount of the missed pay, penalties for workers who resigned or were terminated equal to their daily wage times thirty days, pre- and post-judgment interest, for disgorgement of profits for unfair competition, and attorneys’ fees and costs, among other things.