A significant legal battle has erupted in California's construction industry, as three former employees have taken a stand against their employer for alleged wage theft and unfair labor practices. The complaint was filed by Francisco Andres Muniz Carriedo, Antonio Jesus Carriedo Cervantes, and Jose Manuel Contreras on March 21, 2025, in the Superior Court of California, County of Santa Clara, against Bay Area Activo, Inc., and its CEO Mario Dagio Cornejo.
The plaintiffs allege that Bay Area Activo, Inc., a general contracting company operating throughout Northern California, systematically exploited them by failing to pay minimum wages and overtime. They accuse the company of denying them legally mandated meal and rest breaks and failing to provide accurate wage statements. Furthermore, they claim they were not reimbursed for business expenses incurred during their employment. According to the complaint, these actions violate several sections of the California Labor Code and constitute unfair business practices.
Francisco Andres Muniz Carriedo asserts that he faced retaliation after voicing concerns about unpaid work hours. Despite his promotion to Supervisor in February 2024, he continued to perform many of the same tasks without proper compensation for additional responsibilities. His termination in August 2024 followed repeated complaints about unpaid wages and refusal to work off-the-clock without compensation. "These violations are not just unlawful—they are an affront to the fundamental rights of workers," the plaintiffs state in their complaint.
The plaintiffs are seeking compensatory damages for lost wages and unpaid overtime. They also demand statutory penalties under various sections of the California Labor Code, liquidated damages equal to unpaid minimum wages, restitution for all amounts owed under California Business & Professions Code section 17200 et seq., disgorgement of profits gained through unlawful practices, punitive damages for wrongful termination and retaliation claims, attorneys' fees, litigation expenses, pre-judgment and post-judgment interest on awarded sums.
Representing the plaintiffs are attorneys Jose Macias Jr., Hector J. Rodriguez, and Travis M. Adams from Macias Rodriguez Adams LLP. The case is being reviewed by Judge T. Phan under Case ID 25CV461561.