SACRAMENTO – A worker for a granite quarry in Raymond alleges he is owed overtime for working more than eight hours per day.
Joseph Avila filed a complaint on behalf of himself and all others similarly situated on Oct. 11 in the U.S. District Court for the Eastern District of California against Cold Spring Granite Corp. alleging violation of the California Labor Code.
According to the complaint, the plaintiff alleges that from July 11
through Aug. 28, he was employed by the defendant as a safety compliance supervisor. He alleges the defendant implemented a four day, 10-hour shift schedule without discussing its effects on his wages, hours and benefits. The suit states that it is assumed the defendant had a secret ballot vote on the schedule's approval and did not record the results of the vote to the California Department of Industrial Relations Office, so the schedule is invalid. Because of this, the plaintiff alleges he is owed overtime for working more than eight hours per day.
The plaintiffs hold Cold Spring Granite Corp. responsible because the defendant allegedly failed to notify and meet its workers to discuss effects of the new schedule, failed to pay overtime compensation, failed to provide proper meal periods and failed to furnish workers with accurate, itemized wage statements.
The plaintiffs request a trial by jury and seek judgment against defendant, certify case as class action, designate class representative and counsel, damages, interest, restitution, attorney's fees, costs and other relief as the court deems just. He is represented by Richard A. Hoyer and Ryan L. Hicks of Hoyer & Hicks in San Francisco and Walter Haines of United Employees Law Group PC in Huntington Beach.
U.S. District Court for the Eastern District of California Case number 1:16-cv-01533