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Brink’s, Dunbar Armored California Labor Law Violations Class Action

This labor law class action brings suit against Brink’s Incorporated and Dunbar Armored, Inc. alleging that the companies violated California’s Labor Code and its Industrial Welfare Commission (IWC) wage orders, including requirements to pay proper overtime, to pay reporting time pay, to provide meal and rest breaks, and to pay for necessary expenses, among other things.

Plaintiff Luis Sanchez was a nonexempt employee of Brink’s and/or Dunbar from an unspecified date until his termination in May 2020. The violations detailed in the complaint are mostly familiar ones:

Failure to pay wages at minimum wage rate or overtime rates: Employers are to pay for all hours worked at least at the minimum wage; and at time-and-a-half or double time for hours over eight in a workday, forty in a workweek, or on a seventh consecutive workday in a workweek.

The complaint alleges that Brink’s and Dunbar do not do this, even though employees worked shifts of more than eight hours in a day, and sometimes of more than fourteen hours in a day, worked more than forty hours in a week, and also worked on a seventh consecutive day. It also claims that the companies did not use the proper formulas for calculating overtime pay, including bonus compensation.

Employees were also not paid for the time they spent taking drug tests or performing certain duties, such as opening up in the morning.

Failure to allow employees to take proper meal and rest breaks: California laws require that businesses permit employees to take uninterrupted meal and rest breaks at specified intervals during the day. While businesses may require employees to skip meals and rest breaks when necessary, in such cases, they must give them an additional hour’s pay for that day. At times, the complaint said, the companies did not give employees meal or rest breaks but still subtracted the break time from their workday to avoid paying them more.

Failure to give reporting time pay: The complaint alleges that the companies did not provide reporting time pay for days when employees reported for work but were not given work or were given less than a full day’s work.

Furthermore, the complaint claims that the wage statements given to employees did not meet legal requirements for being accurate or properly itemized wage statements, did not pay for losses and expenses incurred as part of employment (such as cell phone charges), did not pay wages on time during the employment period, and did not pay all wages due within the required time period at termination or resignation.

Eleven classes have been defined for this action, including a Minimum Wage Class, Overtime Class, Regular Rate Class, Reporting Time Pay Class, Meal Period Class, Rest Period Class, Wage Statement Class, Earned Wages Class, Waiting Time Class, and Indemnification Class, all of which are collective called the California Class. Definitions for these classes can be found on pages 13-15 of the complaint.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Brink’s, Dunbar Armored California Labor Law Violations Complaint

June 4, 2021

This labor law class action brings suit against Brink’s Incorporated and Dunbar Armored, Inc. alleging that the companies violated California’s Labor Code and its Industrial Welfare Commission (IWC) wage orders, including requirements to pay proper overtime, to pay reporting time pay, to provide meal and rest breaks, and to pay for necessary expenses, among other things.

Brink’s, Dunbar Armored California Labor Law Violations Complaint

Case Event History

Brink’s, Dunbar Armored California Labor Law Violations Complaint

June 4, 2021

This labor law class action brings suit against Brink’s Incorporated and Dunbar Armored, Inc. alleging that the companies violated California’s Labor Code and its Industrial Welfare Commission (IWC) wage orders, including requirements to pay proper overtime, to pay reporting time pay, to provide meal and rest breaks, and to pay for necessary expenses, among other things.

Brink’s, Dunbar Armored California Labor Law Violations Complaint
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Failure to Pay Reporting Time Pay, Improper Calculation of Overtime Rates, Unpaid Overtime