BigClassActions.com

Caliber Auto Mechanics File California Wage and Hour Class Action Lawsuit

- by

Los Angeles, CA: A California labor law class action lawsuit has been filed against the auto repaire chain Caliber Collision by mechanics who allege they were not paid for all the hours they worked.

Filed by lead plaintiff Samuel Castillo, the lawsuit alleges Caliber Bodyworks of Texas Inc., which operates the car repair chain Caliber Collision, pays its mechanics on a piece-rate system for each task they perform, and that the workers are assigned piece-rate hours per tasks, regardless of the time it actually takes them to perform. Castillo claims he recorded the hours he worked, but Caliber only paid him under the piece-rate system.

"As a result, defendants did not pay plaintiff for all hours worked at the minimum wage, as defendants failed to pay plaintiff for nonproductive hours, i.e. hours that he was not performing piece-rate work,"the complaint states.

Further, the lawsuit contends that Castillo worked for Caliber from 2007 through to the end of January 2014 classed as a nonexempt technician under the piece-rate system. According to the suit, under Caliber' pay system, if a task were assigned a value of 0.8 hours, the mechanic would be paid for 0.8 hours of work, regardless of whether the task took 10 or 90 minutes to perform.

According to the suit, the method Caliber uses, of meeting their minimum wage obligations, dividing daily piece-rate earnings by daily hours worked, violates California labor law. The suit also alleges Caliber paid Castillo nondiscretionary bonuses and other forms of compensation that aren't excludable from the regular rate of pay.

"Despite defendants' payment of incentive pay to plaintiff, defendants failed to include all forms of incentive pay when calculating plaintiff' regular rate of pay, thereby further causing plaintiff to be underpaid all of his required overtime wages,"the complaint states.

Castillo alleges that he regularly worked in excess of eight hours per work day and over 40 hours each week, without receiving overtime compensation. Further, because the company only pays its workers in the piece-rate system, it also fails to maintain any compensation system for compensating rest periods.

"As a result of defendants' failure to pay all overtime and minimum wages, defendants maintained inaccurate payroll records and issued inaccurate wage statements to plaintiff,"the suit states.

Finally, the lawsuit contends that Castillo requires its mechanics to buy their own tools that are necessary to perform their job duties, without reimbursing the workers for the cost of the tools.

The employment class action is seeking certification on behalf of classes of workers denied minimum wage, overtime hours, expense reimbursements and more.

The plaintiff is represented by Paul K. Haines and Fletcher W. Schmidt of Boren Osher & Luftman LLP.

The suit is Castillo et al. v. Caliber Bodyworks of Texas Inc. et al., case number BC572767, in the Superior Court of the State of California, County of Los Angeles.

Class Action Legal Help

If you or a loved one has suffered similar damages or injuries, please fill in our form on the right and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.

Reader Comments

Posted by

on
I have worked for Lexus of Sacramento for 13 plus years,when the case in southern California on piece work was won by auto techs, our dealership made us sign a document stating we would not file. When asked if we did not sign it we were told we would probably get fired. I said I was busy and did not sign it. I since have have leave of absence for depression and injuries at work forcing two shoulder surguries , left side unrepaiable. I have had to go through many programs for depression and am still not back to work. they denied workers comp due to me waiting to long to claim it, I have worked her long enough to know when you claim workers comp they let you go, they took me to the hospital when I was injured, they also pay us for not haveing injuries, when you claim all employees loose this pay and give you a bad time, I worked two years after my injury have the shop foreman tell me often the service manager wants to fire you,during this time I was seeing my pych doctors for this very thing. on our breaks as stated in the claim above we have never been compensated for breaks, when asked they said we pay you, but would never say how. I would like to talk to a lawyer about my opptions on this matter.

Add Your Comment on This Issue

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment:
Request Legal Help