Class Action Lawsuit Attempts to Clean Up the Car Wash

Los Angeles, CA One would think that a car wash industry rife with violations of overtime pay laws could once and for all expunge the issue from its reputation, towel off and move on. But no, it appears California car wash workers remain exposed to exploitation over hours of work, meal breaks and overtime pay.

The latest blight on the car wash horizon was revealed this week in the Los Angeles Times (5/22/12) following the filing of a lawsuit by the Mexican American League Defense and Educational Fund against the operators of a trio of car washes in the state.

According to the report, Bijan, Edna and Kambiz Damavandi are the defendants in a class action lawsuit alleging unpaid overtime and other California labor law violations.

In their lawsuit, the plaintiffs allege the owners of Lincoln Millennium Car Wash, at 2454 Lincoln Blvd. in Venice; Santa Monica Car Wash, at 2510 Pico Blvd. in Santa Monica; and Bumble Bee Car Wash, at 2711 Del Amo Blvd. in Lakewood required workers to arrive at the facilities early, yet allowed them to formally clock in only when there were sufficient cars to wash.

Allegations include the denial of proper lunch and water breaks.

Plaintiffs are buoyed by previous settlements, which have favored workers in their California overtime law disputes with operators. The most recent was this past January when a settlement was announced by California Attorney General Kamala D. Harris benefitting workers employed at a collection of eight car wash facilities peppered throughout the state.

Akin to the current action, defendants were alleged to have denied workers meal breaks and rest periods, falsified payment records, and engaged in the non-payment of overtime. The settlement was worth $1 million.

Various efforts have been undertaken to enforce overtime pay laws and other labor statutes in the car wash industry, a sector that leans towards the employment of undocumented immigrants from Mexico and Central America. With fierce competition and diminished profit margins, many owners attempt to increase their already meager profits through the exploitation of their workers.

The lawsuit was filed May 21 in LA County Superior Court. Spokesperson for the plaintiffs Marcial Hernandez revealed he had toiled at Lincoln Millennium Car Wash for eight years prior to resigning, often working as many as 50 hours but paid for only 40. Adhering to overtime laws was never part of the equation. "(The owners) often insult you to get you to work faster," he said.