SAN FRANCISCO – A San Francisco maintenance company is alleged to have misclassified a janitor as an independent contractor.
Ruben Hernandez filed a complaint on April 3 in the San Francisco County Superior Court against Rony Commercial Maintenance LLC, Nelson Alvarado and Does 1-10 alleging failure to pay for all hours worked, failure to pay overtime and other counts.
According to the complaint, the plaintiff was hired by the defendants as a janitor in 2010 and was paid once per month. He alleges he was misclassified as an independent contractor and routinely worked in excess of 40 hours in a workweek.
The plaintiff holds Rony Commercial Maintenance LLC, Alvarado and Does 1-10 responsible because the defendants allegedly failed to pay plaintiff at the legal overtime rate, failed to pay plaintiff for rest and meal periods not taken, failed to reimburse plaintiff for expenses related to the use of his personal vehicle, and failed to issue accurate wage statements.
The plaintiff requests a trial by jury and seeks judgment against defendants, award of compensatory and consequential damages, statutory damages, restitution, interest, attorneys' fees costs and other relief as the court deems just. He is represented by Arlo Garcia Uriarte and Ernesto Sanchez of Liberation Law Group PC in San Francisco.
San Francisco County Superior Court case number CGC-18-565461