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NORTHERN CALIFORNIA RECORD

Sunday, September 29, 2024

Cogent Communications hit with lawsuit under PAGA, claims company shorted worker pay

Lawsuits
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San Francisco County Superior Court | By Adam Engelhart from San Francisco, California, USA - Looking West: City Hall and CA state courts, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=3692277

 Internet service provider Cogent Communications has been hit with a representative action lawsuit, accusing the company of allegedly shorting its workers' pay, among other alleged violations of California labor law.  

The company "hired Plaintiff and the other aggrieved employees, and failed to compensate them for all hours worked, missed meal periods or rest breaks," says the lawsuit, filed by plaintiff Brandon Cruz in San Francisco Superior Court.  

By failing to pay employees for missed breaks, Cogent "engaged in a uniform policy and systematic scheme of wage abuse against their hourly-paid

or non-exempt employees," says the suit. "This scheme involved failing to pay them for all hours worked and for missed (short, late, interrupted, and altogether missed) meal periods and rest breaks in violation of California law."

The company "falsely represented to Plaintiff and the other aggrieved employees that they were properly denied wages, all in order to increase Defendants’ profits," the lawsuit states.

Cogent failed to provide accurate wage statements and failed to keep accurate payroll records, according to the lawsuit.

The lawsuit was filed under California's controversial Private Attorney General Act, which generally empowers individual workers to stand in place of the state of California in lawsuits accusing employers of labor law violations. Critics say the law amounts to a payday for lawyers, while generating few real benefits for workers.

The claim against Cogent seeks penalties of $100 for each aggrieved employee per pay period for initial violations, and $200 for subsequent violations.

The plaintiffs are represented by attorney Arby Aiwazian, of Lawyers for Justice P.C., of Glendale.

Cruz v. Cogent Communications Inc. San Francisco Superior Court, 2:23-at-01143

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