Broadspectrum Downstream Settles California Labor Class Action for $3.45M
Santa Clara, CA: A $3.45 million settlement has been reached in an unpaid overtime class action lawsuit brought against Texas-based Broadspectrum Downstream Services Inc. The workers alleged they were not compensated for the time it took to prep for shifts at California refineries, in violation of California labor law.
Broadspectrum, formerly called Timec, also agreed to pay the employer’s share of state and federal payroll taxes on amounts paid to class members for unpaid wages, according to a motion seeking preliminary approval of the deal.
The suit was filed by lead plaintiff Kevin Woodruff who worked as a field employee on general maintenance projects at one of Broadspectrum’s California refineries. He alleged the company failed to pay for donning and doffing. Specifically, employees were not paid for hours worked as well as overtime for tasks performed prior to a shift, such as donning required safety gear, getting tools, attending safety meetings and transportation to intra-refinery work locations.
Additionally, Woodruff alleged Broadspectrum had a uniform policy of not compensating field employees for the time they spent traveling prior to beginning their shifts and going through mandatory safety checkpoints prior to beginning work.
According to court papers, Broadspectrum recently entered into a $6.4 million settlement agreement with 9,161 field employees in a separate class, who made similar allegations.
This new class includes about 2,000 members who were employed as safety attendants, laborers and helpers in California refineries between September 20, 2010, and the date of the court’s preliminary approval of the settlement.
The case is Kevin Woodruff v. Broadspectrum Downstream Services Inc., case number 3:14-cv-04105, in the U.S. District Court for the Northern District of California.
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Published on Nov-7-16
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