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NORTHERN CALIFORNIA RECORD

Tuesday, April 30, 2024

Class action claims staffing company Bluecrew violated CA labor law

Lawsuits
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Manny Starr | Frontier Law

Staffing company Bluecrew is facing a class action lawsuit over alleged violations of California labor laws. 

The plaintiff, Robert Dwayne Menefee, of Alameda County, accuses the company of failing to provide compliant meal and rest periods, not paying for all hours worked, wage statement penalties, waiting time penalties, violation of unfair competition law and Private Attorneys General Act. 

Bluecrew is based in Chicago.

The lawsuit was filed March 28 in San Francisco County Superior Court.

Menefee alleges that he was required to remain on call during his shifts but wasn't paid for these breaks at his regular rate of pay. 

He also claims that Bluecrew failed to provide accurate wage statements and didn't pay all wages due at the conclusion of his employment.

The plaintiff said he has filed his lawsuit on behalf of all other Bluecrew employees in California, acting under the state's Private Attorney General Act (PAGA.)

The PAGA law permits workers to stand in place of state officials in suing employers for alleged violation of California laws.

The PAGA law allows plaintiffs to seek civil penalties and attorney fees. Under the law, 75% of those civil penalties would go to the state, leaving 25% to be split among workers. Plaintiff attorneys earn fees on top of any penalties paid.

The PAGA law has drawn calls for reform from critics, who assert the law has served to generate thousands of lawsuits against employers and windfall fees for attorneys who bring the actions against employers, as well as civil penalties paid to the state, but much fewer real benefits for workers.

Plaintiffs are represented in the action against Bluecrew by attorneys Manny Starr and Daniel Ginzburg, of the Frontier Law Center, of Calabasas.

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