THIEROFF V. MARINE SPILL RESPONSE CORPORATION – UNPAID WAGE ACTION

Quintilone & Associates is currently investigating unpaid wage claims for the following employees: All persons who are employed or have been employed by Defendant Marine Spill Response Corporation as non-exempt Responders, who, during any time from four years prior to the filing of this class action to the present, have worked as non-exempt employees.

FACTUAL BACKGROUND

Plaintiffs Carl Thieroff, Joshua Kahane, and Phillip Walton are current employees of Defendant, MSRC. Plaintiffs work as Responders, who are tasked with preventative maintenance, site assessment for oil drilling, controlling oil containment apparatuses, and safety gear to be ready in case of an emergency, and maintenance of spill equipment….” Plaintiffs were often required to work off-the-clock, either after their shifts had ended for the day to complete necessary work tasks, or by answering work-related questions on their personal cell phones or by email when off-the-clock.

As a condition of employment with Defendant, Plaintiffs are required to remain on-call after all of their shifts, except for a pre-approved sick time or Paid Time Off. During the time they are on call, Plaintiffs and Class Members remain under Defendant’s control without compensation.

On May 14, 2021, Plaintiffs filed a lawsuit against Defendant in the Los Angeles Superior Court, asserting claims for: (1) Failure to Pay Overtime Compensation; (2) Failure to Pay Wages For Hours Worked; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Failure to Pay Reporting Time; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay Wages Due and Payable Twice Monthly; (8) Failure to Pay Wages at Termination of Employment; and (9) Unlawful Competition and Unlawful Business Practices.

On July 28, 2021, Defendant removed the case from the Los Angeles County Superior Court to the United States District Court for the Central District of California.

On August 27, 2021, Defendant filed its Motion to Dismiss under the Federal Rules of Civil Procedure, 12(b)(6). One of the bases for Defendant’s motion to dismiss was that the grievance process was not exhausted.

On October 10, 2021, Plaintiffs filed grievances with Defendant over wage-related claims. Currently, Plaintiff Kahane’s grievances have not been resolved and MSRC’s practices have not changed.

On October 22, 2021, Plaintiff filed the notice to intend to file a Motion for Leave to Amend the Complaint with the Court which was granted and amended by the Court nunc pro tunc, on October 29, 2021.  The Complaint was amended and the Defendant filed numerous challenges to the pleadings.

On June 27, 2022, Plaintiffs filed their Second Amended Complaint, which added Plaintiff Phillip Walton and alleged claims for: (1) Failure to Pay Wages For Hours Worked; (2) Failure to Pay Reporting Time; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Reimburse Necessary Business Expenses; (5) Failure to Pay Wages Due and Payable Twice Monthly; (6) Unlawful Competition and Unlawful Business Practices; and (7) Violations of the Private Attorneys General Act.  Shortly thereafter, the Parties met and conferred regarding the Second Amended Complaint and stipulated for Plaintiffs to have leave to amend their Complaint.

On July 15, 2022, Plaintiffs filed their Third Amended Complaint  maintaining the same causes of action, but elaborating upon those factual allegations in the Complaint, to further address the Court’s Order.

Investigation of Claims

This blog is for informational purposes about the class action lawsuit and how you can participate if interested. 

We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct.  If you would like a copy of the Complaint or have any questions regarding this case please contact: 

Richard E. Quintilone II, Esq. Jeffrey T. Green Esq. Kyle J. Gallego Esq. of Quintilone & Associates, 22974 El Toro Road, Suite 100, Lake Forest, CA 92630-4961, Telephone: 949.458.9675. Facsimile: 949.458.9679.

Email: req@quintlaw.com, jtg@quintlaw.com kjg@quintlaw.com Web: www.quintlaw.com

PLEASE BE ADVISED THAT ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN OUR INVESTIGATION. 

If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. 

See http://www.dir.ca.gov/dlse/ Please contact us at the phone number or email address above so we may continue our investigation of the allegations in this case.