TL;DR I’m a Californian with possible class action and PAGA claims against a multi-billion dollar company. I could be content to take 10k in small claims quick and easy and move on- but if I want to teach them a lesson and make a difference for thousands of coworkers, how do I find a firm that has the ability and the will to not just get a settlement, but make an example out of this giant abuser?
Long version:
It’s time for me to do something about my employer.
Trying not to be dangerously specific, but I work for a VERY large company- revenue in the tens of billions, nearly a million employees.
Their business model, simply put, is to contract at the lowest possible rate and minimize expenses at all costs, laws, safety, quality, and ESPECIALLY EMPLOYEES be damned.
That means if we only have one employee on the contract, they just don’t get their lunch or breaks instead of paying a second person to cover.
That means overtime is not counted correctly.
That means when you put in for your paid time off you just don’t get it most of the time.
For me it meant working 7 days a week for an entire year.
That means if our vehicles aren’t safe they don’t get fixed- air up the tire multiple times a shift, drive with one headlight and a shattered passenger window- jumpstart the vehicle every time you have to start it- they aren’t fixing that vehicle until it stops moving. Even the registration was expired. The only thing they make sure works is the driver-facing camera.
I’m from California- and our labor laws here pack a punch, at least compared to a lot of the USA.
This company EASY owes me 3 grand on miscounted overtime, 4 grand on meal and rest break penalties, 1 grand on split shift penalties, and if I were to quit for 30 data before I make my move I’d get 4600 in waiting penalty as well. That’s all well and good- I could hit ‘em for 10k in small claims quick and easy and be on my merry way- and maybe that’s the answer.
But PAGA allows aggrieved workers to act as an attorney general and get major penalties- like 100 or 200 dollars per employee per week per violation- and 25% of that goes to the workers- which could mean thousands for each worker and a noticeable dip in their profit margin in this state, and not subject to arbitration agreements, AND the workers could still pursue a class action for their lost wages on top of PAGA.
It’s a big decision- I welcome all input advice warnings etc.