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Construction Worker Alleges Wage Violations Against Employer George Bianchi Construction

NORTHERN CALIFORNIA RECORD

Saturday, November 23, 2024

Construction Worker Alleges Wage Violations Against Employer George Bianchi Construction

State Court
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Rebeca Esquivel-Pedroza, Judge of the Superior Court of Santa Clara County in California | https://www.linkedin.com/

Geovanny Moctezuma Guardian has filed a class action lawsuit against a construction company, alleging numerous violations of California labor laws. The complaint was submitted on November 8, 2024, in the Superior Court of California, County of Santa Clara, against George Bianchi Construction, Inc. and unnamed defendants.

The plaintiff claims that the construction company engaged in unfair business practices by failing to pay overtime compensation, provide meal and rest periods, and pay minimum wages as required by law. Geovanny Moctezuma Guardian alleges that he and other employees were systematically deprived of their rights under the California Labor Code during their employment with George Bianchi Construction from June 2022 to September 2024. The lawsuit outlines several specific violations including unpaid overtime (Cal. Labor Code §§ 510 and 1198), unpaid meal period premiums (Cal. Labor Code §§ 226.7 and 512(a)), unpaid rest period premiums (Cal. Labor Code § 226.7), unpaid minimum wages (Cal. Labor Code §§ 1194, 1197, and 1197.1), failure to timely pay final wages (Cal. Labor Code §§ 201, 202, and 203), failure to timely pay wages during employment (Cal. Labor Code §§ 204 and 210), failure to provide accurate wage statements (Cal. Labor Code § 226(a)), and engaging in unfair business practices under Cal. Business & Professions Code § 17200.

Guardian's complaint seeks class certification for current and former non-exempt employees who worked for the defendants within four years preceding the filing of the complaint until notice is provided to the class members. The plaintiff is asking for various forms of relief including compensatory damages for unpaid wages, statutory penalties for labor code violations, pre-judgment interest on unpaid compensation, attorneys' fees, costs of suit incurred, injunctive relief to ensure compliance with wage statement requirements, restitution of unpaid wages under unfair competition laws, appointment of a receiver to manage funds wrongfully acquired by defendants through unlawful practices, and an award for reasonable attorneys’ fees pursuant to applicable laws.

Representing Geovanny Moctezuma Guardian are attorneys Susan Huerta, Brendan J. Burton, and Shadi Sahebghalam from Protection Law Group LLP based in El Segundo, California. The case is being reviewed by Judge L. Ayala under Case No.: 24CV451296.

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