This
blog is for informational purposes about a pending California class action
lawsuit and how you can participate if you are an interested member of the
employee class.
The case is entitled Rubio v. Rialto Concrete Products San
Bernardino District Court Case No.: CIVDS1406132 before the Honorable Michael
A. Sachs in Department S28J.
In or about April 21, 2014
Plaintiff, Lorenzo Rubio, filed a class action complaint pursuant to California
Code of Civil Procedure § 382, on behalf of Plaintiff and all non-exempt
employees employed by, or formerly employed by KTI, INCORPORATED a California Corporation dba RIALTO CONCRETE
PRODUCTS, and DOES 1 through 100, and any subsidiaries or affiliated companies
(hereinafter collectively referred to as “Defendants”), within the State of
California.
From at least April 2010 to
the filing of this action and through to the present, Defendants consistently
maintained and enforced against Defendants’ non-exempt employees, among others,
the following unlawful practices and policies, in violation of California state
wage and hour laws.
Specifically,
the Complaint alleged Defendant has had a consistent policy of:
(a) requiring employees to
work more than eight (8) hours in any given day and/or more than forty (40)
hours in any given week, and not pay overtime compensation;
(b) failing to pay its employees wages for all hours worked;
(c) requiring Class Members
within the State of California, including Plaintiff, to work at least five (5)
hours without a lawful meal period or adding a meal period punch where none
existed and failing to pay such employees one (1) hour of pay at the employees’
regular rate of compensation for each workday that the meal period is not
provided;
(d) failing to provide Class
Members within the State of California, including Plaintiff, rest periods of at
least (10) minutes per four (4) hours worked or major fraction thereof and
failing to pay such employees one (1) hour of pay at the employees regular rate
of compensation for each workday that the rest period is not provided
(e) Defendants failed to reimburse employees for expenses incurred in
violation of Labor Code § 2802;
(f) Defendants failed to
maintain accurate records of Class Members’ earned wages and work periods.
(g) With respect to Class Members who either were discharged, laid off, or
resigned, during the Relevant Time Period, Defendants failed to pay them in
accordance with the requirements of Labor Code §§ 201, 202, 203;
(h) Defendants failed to provide access to personnel files and pay records as required by the California Labor Code and Wage Orders demonstrating the Class Members’ earned wages and work periods when requested.
This
blog is for informational purposes about the class action lawsuit and how you
can participate if interested.
We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you would like a copy of the Complaint or have any questions regarding this case please contact:
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Richard E. Quintilone II,
Esq.
Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Telephone: 949.458.9675
Facsimile: 949.458.9679
Email: req@quintlaw.com
Web: www.quintlaw.com
Legal Assistant
Fernando Guzman
Se Habla Español
Email fxg@quintlaw.com
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John D. Trieu, Esq.
Law Offices of John D. Trieu, APC
9211 Bolsa Ave., Suite 222
Westminster, Ca 92683
Telephone No.: 714.892.2154
Facsimile No.: 714.893.6710
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PLEASE BE ADVISED THAT RIALTO CONCRETE AND ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN OUR INVESTIGATION.
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If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. See http://www.dir.ca.gov/dlse/
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Please contact us at the phone number or email address above so we may continue
our investigation of the allegations in this case.
