The class has been certified in an action filed against Labor Ready, Inc. on behalf of California employees who allege that the company failed to pay them correctly, wrongly withheld sums from their pay, and failed to provide them with itemized wage statements in violation of California's Unfair Competition Law and Labor Code between February 14, 1997, and the present. The action seeks back pay for the employees and unspecified compensatory damages. Eligible participants do not need to take any action at this time to remain a member of the class.
The action alleges that the workers traveled to Labor Ready's offices each morning and filled out paperwork--thereafter, they waited to find out if they would be assigned a job for the day. If a job assignment was available, each worker had to travel to the job. After working for the day, each worker was then required to travel back to the Labor Ready Office and wait there until the office provided a check for the day's wages. Upon receipt of their checks, workers were discharged for the day. If workers needed special equipment to perform their jobs, Labor Ready allegedly rented the equipment to them, deducting the rental fee from their wages at the end of the day.
California law states that "hours worked" is all the hours during which an employee is subject to the control of an employer, whether the employee is actually ordered to perform work or not. The action alleges that from the time workers reported for work at the Labor Ready office to the time they were discharged, they were under the control of Labor Ready. Allegedly, workers were only paid for the time they actually performed work-related tasks at the job site.
The class is made up of day laborers who worked in California in various sectors including packaging, food service, maintenance, and janitorial positions. There are three subclasses: (1) persons who reported to Labor Ready offices and traveled to a job; (2) those who were employed by Labor Ready, and returned from their assigned job and had to wait at a Labor Ready office; and (3) those who had work-related expenses in the form of equipment rentals from Labor Ready.