On July 24th, 2018

Drywall Contractor Cited for Overtime and Rest Period Wage Theft

LONG BEACH – On July 24, 2018 the Labor Commissioner’s Office announced that it issued wage theft citations of $1.9 million to Fullerton Pacific Interiors Inc. for failing to properly compensate 472 workers on 26 construction projects throughout Southern California.

An investigation determined that:

  • none of the workers were provided rest periods as required by law,
  • 289 workers were not paid for overtime
  • and 28 workers were paid less than minimum wage.

“It’s hard enough for many families to make ends meet, let alone going to work and not being compensated according to labor laws,” said California Statewide Law Enforcement Association (CSLEA) President Alan Barcelona.   “Thankfully the State of California has investigators to look into cases such as this one.”

The Fullerton-based contractor provided drywall work at hotel, recreation center and casino projects in three Southern California counties from August 2014 to June 2016. Workers performing taping and drywall installation were paid a daily rate that did not properly compensate them for overtime hours. Workers were allowed a 30- minute meal period but did not receive rest breaks.

The $1,964,679 citation penalty amount includes $1,892,279 payable to the workers and $72,400 in civil penalties.

The money due to workers includes:

  • $798,664 is for rest period violations,
  • $386,685 for unpaid overtime
  • and $692,500 for wage statement violations.

The 28 workers shorted on minimum wage pay are owed a total of $14,431 for unpaid wages, liquidated damages and waiting time penalties.

The Labor Commissioner’s Office launched an investigation of Fullerton Pacific Interiors after workers complained about pay violations to Carpenters Contractors Cooperation Committee, a non-profit labor-management organization.

Most workers in California must receive a paid 10-minute rest period for every four hours worked. If workers do not receive rest breaks as required by Industrial Welfare Commission orders for their occupation, the employer must pay one hour of pay at the worker’s regular pay rate for each workday that the break is not provided, and civil penalties of $50 per worker per pay period for the initial violation, which increases to $100 each for subsequent violations.

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