In a significant legal move, a former employee has filed a complaint against a major corporation for alleged labor violations, potentially impacting numerous current and former employees. On October 31, 2024, Dorick Maheia filed a representative action complaint in the Superior Court of California, County of Santa Clara, against Linde Gas & Equipment, Inc., alleging multiple violations of the California Labor Code.
The case centers around allegations that Linde Gas & Equipment failed to comply with various labor laws affecting its non-exempt employees in California. Maheia, who worked for the company from June 2022 to November 2023, claims that the company systematically underpaid employees by not compensating them for all hours worked and failing to include incentive pay in overtime calculations. The complaint states that "DEFENDANT requires PLAINTIFF and the AGGRIEVED EMPLOYEES to work without paying them for all the time they are under DEFENDANT’s control," which includes working during supposed off-duty meal breaks.
Maheia further accuses Linde Gas & Equipment of failing to provide legally mandated meal and rest periods, rounding down recorded work hours to benefit the employer financially, and requiring employees to perform tasks such as COVID-19 screenings off-the-clock. Additionally, it is alleged that the company did not reimburse business expenses incurred by employees using personal devices for work purposes.
The plaintiff seeks civil penalties under the Private Attorney General Act (PAGA) on behalf of himself and other aggrieved employees. PAGA allows private individuals to pursue claims on behalf of themselves and other affected workers when state labor laws are violated. Maheia's lawsuit aims to recover these penalties exclusively, without seeking additional damages or restitution beyond what PAGA permits.
This case highlights broader issues within employment practices at large corporations regarding wage theft and inadequate compensation structures. The complaint details how Linde Gas & Equipment allegedly manipulated time records and wage statements to avoid paying full wages owed under California law. It also notes failures in providing suitable seating for tasks where sitting was feasible—a requirement under specific wage orders.
The legal team representing Maheia comprises attorneys from Blumenthal Nordrehaug Bhowmik De Blouw LLP, including Norman B. Blumenthal, Kyle R. Nordrehaug, Aparajit Bhowmik, Nicholas J. De Blouw, and Jeffrey S. Herman. The case is being overseen by Judge B. Roman-Antunez under Case No. 24CV450730.