Small v. Brinderson

HSKRR currently represents an a Plaintiff class of current and former employees of Defendant Brinderson Constructors, Inc. Defendants are full service contractors specializing in chemical and petroleum refining projects. The case was filed in the Orange County Superior Court on December 21, 2004. Plaintiffs filed a motion for class certification, and on June 23, 2008 the Honorable Judge Andler certified a Plaintiff class of: “All building and construction trade employees, excluding management employee, who performed work for Brinderson Constructors, Inc. from December 21, 2000 to present.” You can view the order here.

Plaintiffs allege that Brinderson routinely failed to pay its employees overtime as required by the California Labor Code and the California Industrial Welfare Commission. Plaintiffs also allege that Brinderson failed to provide a second meal period to employees who worked more than 10 hours per day or pay employees one extra hour of pay for each day in which they were not provided with a second meal period as required by the California Labor Code. Lastly, the class alleges that Brinderson failed to pay its employees for compulsory travel time as required by California law, and failed to pay Plaintiffs all wages due at the time of termination.

The precise facilities at issue, where class members have performed work are:

Chevron - El Segundo
Chevron - Richmond
ConocoPhillips - Wilmingtop
ConocoPhillips - Carson
BP-Carson, Downey and South Gate
ExxonMobil - Torrance
Temple-Inland - Ontario (Paper Mill)
THUMS - Long Beach
Tesoro - Martinez
Tesoro - Wilmington
Nations Petroleum and Aera Energy - Bakersfield ("bakersfield Oil Fields")

Plaintiff class members are at least 5,611 construction trade workers who have performed rigorous and dangerous labor for Brinderson from 2000 to the present, working on construction projects at eleven refineries and facilities in California. Class members include, but are not limited to asbestos workers, boilermakers, cement masons, pipe fitters, electricians, iron workers, painters, glaziers, roofers, plasterers, granite workers, laborers, operating engineers, millwrights, plumbers, welders, sheet metal workers, carpenters instrument technicians, and elevator constructors.

On March 19, 2009, the Court granted Plaintiffs' Motion to Approve Class Notice for Mailing to the Class. You can view the order approving class notice here. You can view the class notice in English here. You can view the class notice in Spanish here.

UPDATE: In April, 2010 the parties stipulated to a class action settlement.

You can view the updated class notice here.

You can view and submit a claim form here.

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