Contra Costa Times reported that capping off a tough year for one of the nation's largest steel casting companies, a former employee at Pacific Steel filed a USD 31 million class action lawsuit against the Berkeley foundry.
Mr Roberto Bobby Rodriguez is suing the company in Alameda County Superior Court on behalf of about 1,000 current and former workers he says have not been getting timely meal and rest breaks.
He said that but it was the firing of about 200 workers this holiday season, a third of the plant's workforce that inspired him to take a stand. The company has said it was forced to fire the workers after a federal immigration audit that began in February 2011 found dozens of its workers suspected of being in the country illegally.
Mr Rodriguez lives just a few blocks from Pacific Steel. He worked there for almost 44 years, from 1967 to his retirement in October 2010.
Mr Rodriguez explained at a news conference outside the three plant complex why he was suing the company. Though spurred by the immigration related firings, which began in October and will continue through January 2012, the lawsuit is about working conditions and has nothing to do with the audit.
Mr Rodriguez said that "I wanted to do this for years since they made this rule about having to take lunch after six hours of work. They said, if you don't like it, there's the door get out."
California law requires a 30 minute meal within each five hours of work, but Mr Tim Rumberger, Mr Rodriguez's lawyer, said Pacific Steel workers have been regularly scheduled to work six and a half hours or more without a meal break.
Mr Rumberger said that the lawsuit demands an hour of pay for every day without a timely meal break for the past four years amounting to about USD 20,000 in damages per worker.
After the news conference, workers in hard hats and bandanas on their lunch break approached Mr Rodriguez to shake his hand and thank him.
Mr Alan Gutierrez, of Richmond, wanted to know if the lawsuit applied to current employees as well as the ones who were fired, which it does. He said that "I'm happy that someone is looking out for our rights."
Mr Rodriguez said he is ready for a fight with his longtime employer, and flexed his arms on the street outside the plant. He added that "I have big muscles."
(Sourced from www.contracostatimes.com)
