Ex-California Flats Solar Project Workers Allege McCarthy Building Companies Owe Unpaid Wages

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Two plaintiffs have filed a proposed class action in which they allege McCarthy Building Companies, Inc. failed to pay certain contractors and subcontractors proper wages.

According to the lawsuit, the plaintiffs and proposed class members worked for the defendant on the California Flats Solar Project before their layoff-related terminations in 2016. The plaintiffs allege proposed class members were required to perform off-the-clock work before and after their scheduled shift times for no commensurate wages. This alleged off-the-clock work, the suit specifies, included spending time waiting in line for vehicle checks, travel time, and attendance at company meetings.

The case adds that proposed class members were required by the defendant to remain on the job site for the entirety of the workday, including for meal periods, or face suspension or termination. According to the plaintiffs, proposed class members were not paid by the defendant for time during which they were required to stay at their workstations during meal breaks, nor for when their meal breaks were interrupted.

From there, the complaint states that under California law, if an employee not under contract quits his or her employment or is discharged by an employer, his or her final wages “shall become due and payable not later than 72 hours thereafter,” barring the stipulation that an individual did not provide 72 hours advance notice. According to the lawsuit, McCarthy Building Companies violated state labor law in failing to timely pay all earned wages to certain proposed class members upon their termination.