California Starts the Year with Two Unpaid Overtime Lawsuits

Sacramento, CA A company co-owned by an NFL Hall of Famer and ESPN commentator has been hit with a federal unpaid overtime lawsuit alleging that Carter Brothers Security LLC erroneously misclassified their employees allegedly to avoid paying them minimum wage, California overtime, job expenses and payroll taxes.

While Carter Brothers LLC is based in Atlanta, the 15 current and former workers behind the lawsuit are from Sacramento.

According to the lawsuit, filed February 4 in US District Court at Sacramento, the workers were trained by Carter Brothers to install residential security equipment in the state under contract with AT&T Digital Life. The Sacramento Business Journal (2/11/14) reports that when the joint venture between Carter Brothers LLC and AT&T failed, there were many layoffs. Those laid off, the lawsuit contends, did not receive unemployment benefits, disability pay or workers’ compensation as required under California labor law due to the fact they were classified as independent contractors.

However, according to the lawsuit, the workers were dispatched to job sites in AT&T trucks and were made to wear AT&T uniforms. The workers in their unpaid overtime lawsuit allege they toiled 12-14 hours each day without overtime, provision to offset travel expenses or extra training as needed.

AT&T is named as a co-defendant, amongst others, in the overtime pay lawsuit. The plaintiffs are hoping for class-action status. The legal firm involved in the action surmises that the misclassification could affect upwards of 70 to 80 workers in the state, not to mention workers based in Chicago and Dallas. According to the Sacramento Business Journal, millions of dollars’ worth of lost wages, various benefits and overtime pay that went unpaid according to provisions in overtime pay laws are at stake.

Carter Brothers LLC was founded in 2000 by NFL Hall of Famer and ESPN commentator Cris Carter and his brother John. Cris is currently the Chairman.

The case is Ramses Gutierrez et al v. Carter Brothers Security Services LLC et al, Case No. 2:14-at-00150

Meanwhile a federal class-action lawsuit was filed earlier this month against Gerawan Farming. Plaintiffs allege the company failed to pay minimum wage, overtime pay according to California overtime law and state-guaranteed rest breaks.

The plaintiffs named in the California overtime lawsuit are Rafael Marquez Amaro and Jesus Alarcon Urzua. According to the Fresno Bee (2/4/14), the lawsuit was filed on behalf of thousands of field workers who toiled for Gerawan and were paid by the piece over the previous four years. Plaintiffs claim the actual take-home pay was below the minimum wage guaranteed by the state of California.

The case is Amaro & Urzua, et al v. Gerawan Farming Inc. et al, Case No. 1:2014cv00147, February 3, 2014 at California Eastern District Court.