Kuehne + Nagel Time-Shaving and Labor Law Violations California Class Action

This is an all-too-common type of employment case, in which a company operating in California is accused of violating California labor law and IWC wage orders. In this class action, the complaint alleges that Kuehne + Nagel, Inc. did not pay proper wages and overtime or allow workers the required rest and meal breaks, and that in so doing, it violated additional “downstream” labor laws, such as the requirement to pay all wages at termination.

The class for this action is all individuals who worked for Kuehne + Nagel as nonexempt employees in California between February 7, 2016 and February 7, 2020.

Plaintiff John Joromat was employed by Kuehne in California as a nonexempt warehouse worker from around July 2018 until around July 2019.

The first allegation in the complaint is that Kuehne did not pay Joromat and other employees for all hours worked, because it used a rounding system that shaved off time from workdays, to the detriment of workers. The complaint alleges that “the time recording system implemented by Kuehne would almost always, if not always, understate actual hours worked due to the rounding.”

In addition, the complaint says, workers were forced to work during meal periods, but the supposed meal periods were uncompensated, meaning that workers were not paid for the work they did during those periods. 

The complaint alleges that the company violated overtime rules in more than one way. First, it claims that they were not paid for all overtime hours worked. Second, it claims that in calculating overtime rates of pay, the company did not include all forms of non-discretionary pay, such as shift differentials and non-discretionary bonus pay.

Another violation, the complaint alleges, is the failure to give employees proper meal breaks or to give them extra compensation when they are forced to skip meal breaks. 

Also, the complaint claims that workers weren’t given proper reporting time pay. Reporting time pay is due when a worker reports for work but is given no work or work that amounts to less than half the employee’s usual or scheduled day’s work. 

These violations nearly always cause “downstream” violations of the law. In this case, they include not providing accurate wage statements and not paying all wages due at termination.

Among other charges, the complaint alleges violation of California’s Unfair Competition Law, since underpaying employees provides a business with unfair advantages over competitors who obey the laws.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Kuehne + Nagel Time-Shaving and Labor Law Violations California Complaint

February 7, 2020

This is an all-too-common type of employment case, in which a company operating in California is accused of violating California labor law and IWC wage orders. In this class action, the complaint alleges that Kuehne + Nagel, Inc. did not pay proper wages and overtime or allow workers the required rest and meal breaks, and that in so doing, it violated additional “downstream” labor laws, such as the requirement to pay all wages at termination.

kuehne_nagel_empl_complaint.pdf

Case Event History

Kuehne + Nagel Time-Shaving and Labor Law Violations California Complaint

February 7, 2020

This is an all-too-common type of employment case, in which a company operating in California is accused of violating California labor law and IWC wage orders. In this class action, the complaint alleges that Kuehne + Nagel, Inc. did not pay proper wages and overtime or allow workers the required rest and meal breaks, and that in so doing, it violated additional “downstream” labor laws, such as the requirement to pay all wages at termination.

kuehne_nagel_empl_complaint.pdf
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Improper Calculation of Overtime Rates, Not Paid for All Hours Worked