Joseph Hernandez has filed a class action lawsuit against Pavewest, Inc. and Pavewest Transport, Inc., alleging multiple labor law violations. The complaint was filed on November 20, 2024, in the Superior Court of California, County of Ventura. Hernandez claims that the defendants failed to pay all wages due, did not provide proper meal and rest periods, issued inaccurate wage statements, and violated other labor regulations.
The lawsuit represents a proposed class of current and former non-exempt employees who worked for the defendants in California over the past four years. Hernandez alleges that these employees were denied minimum wage, overtime pay, and compensation for missed breaks. He also claims that they were not reimbursed for business expenses incurred while performing their duties. According to the complaint, "Defendants' practices and policies deprived Plaintiff and Class Members of minimum, regular, overtime, and/or double time wages for work they performed off the clock."
Hernandez seeks various forms of relief from the court. These include unpaid wages (including sick pay and vacation pay), penalties for non-compliant meal periods and rest breaks, waiting time penalties for delayed payments upon termination of employment, reimbursement for business expenses, civil penalties under the Private Attorneys General Act (PAGA), interest on unpaid amounts, reasonable attorneys’ fees, costs of suit, injunctive relief to prevent further violations by the defendants, declaratory relief affirming his rights under California law, restitution under California's Unfair Competition Law (UCL), treble damages under Penal Code section 496(c) due to alleged intentional theft of wages exceeding $950 per employee or $2,350 in aggregate from two or more employees within a consecutive 12-month period.
Representing Joseph Hernandez are attorneys David Alami and Daniel J. Hyun from Torus LLP. The case is being heard by Judge Brenda L. McCormick under Case No. 2024CUQE033533.