A class action lawsuit accuses Chicago-based supplier of road construction traffic control equipment RoadSafe of allegedly violating California labor laws.
The lawsuit was originally filed in Alameda County Superior Court in September, but was removed by the defendant to federal court in the U.S. District Court for the Northern District of California on Nov. 6.
"Defendants' hourly employees worked in excess of eight hours per day, and in excess of forty hours per week without receiving the proper regular rate of pay and/or minimum wage rate because Plaintiffs regularly work 24 off-the-clock hours, including pre-shift and post-shift work, to ensure that the roadwork being performed is completed," the lawsuit states. "Plaintiffs also regularly received company texts and phone calls on their personal phones after hours, were expected to and did respond to such texts and phone calls to address company business, and Plaintiffs were required to be on-call after hours, all without compensation."
The company also failed to provide workers with meal breaks and rest breaks, as required by law, the suit says.
"Plaintiffs and the class were entitled to one hour hour of pay for each meal and rest break violation at their regular rate of pay," the suit says. "Defendants failed and continue to fail to pay for meal and rest period violations at the employees' regular rate of pay."
The lawsuit seeks back pay, penalties and attorney fees.
The plaintiffs are represented by attorney Aaron A. Bartz, of Bartz Law Group, of Irvine.
Turner v. Roadsafe Traffic Systems Inc., U.S. District Court for the Northern District of California, 4:23-cv-05716