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Foster Poultry Farms unpaid wages California class action lawsuit

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California Foster Poultry Farms -  Workers Unpaid Wage Class Action Lawsuit

Learn about the California Foster Poultry Farms Unpaid Wages Class Action Lawsuit. 
 
Foster Poultry Farms California Wages Class Action Lawsuit
 
If you have worked at any of the Foster Poultry Farms locations in California from September 25, 2013 to present, then you may want to know about the Foster Poultry Farms employee class action lawsuit for unpaid wages and penalties. 
 
Have you worked for Foster Poultry Farms in California? 
 
Are you a current employee or former employee of Foster Poultry FarmsIf so, you may want to be part of the Foster Poultry Farms class action lawsuit. A class action lawsuit is currently filed against Foster Poultry Farms for unpaid wages, meal break violations, rest break violations, not getting paid for all time worked, pay stub violations, waiting time penalties and more. This is an unpaid wages newsletter information advertisement concerning the Foster Poultry Farms class action lawsuit. I suggest that you listen up. 
 

What is the Foster Poultry Farms Unpaid Wages Class Action Lawsuit  about? 

The Foster Poultry Farms wages class action lawsuit is about getting the Foster Poultry Farms employees their unpaid wages back and getting workers money penalties for alleged violations of the California Labor Code and/or California Wage Order 13.

Legal allegations in the Foster Poultry Farms class action lawsuit include the following: 

Not getting paid for all hours worked or under the control of the company
 
According to the allegations in the lawsuit, the Foster Poultry Farms workers are not getting paid for all time that they work and/or are under the control of the company.
 
For example, if you have to wait in line before you clock in, you must be paid for this time. 
 
Also, Foster Poultry Farms deducts 1/2 hour pay for a lunch break from their California employees. Under California law, you are under the control of the company when you are taking off protective gear, putting on protective gear, washing your hands after your meal break, and/or walking to or from your workstation.
 
If you are taking off your protective gear, putting on your protective gear, walking to or from your workstation, washing your hands, or other related tasks during your 30 minute meal break - then you must be paid for this time. 
 
You must be paid for all of the time that you are under the control of your employer. If you work an 8 hour shift, or longer, than you're also owed either overtime pay or liquidated damages (double the minimum wage). 
 
Not getting legal meal breaks - an hour's pay for every missed lunch break
 
When the company gives you 1/2 hour for your meal period and you have to do these tasks during your 1/2 hour meal break, then you have not received a legal 30 minute duty-free meal break. 
 
When you haven't received a legal meal break under California law, then the company must pay you an hour's pay.
 
Not getting legal rest breaks - an hour's pay for every missed rest break
 
If you have to perform any of these tasks during your rest break and you didn't receive a net 10 minute rest break - then you are owed an hour's pay for every time that you didn't receive a legal rest break. 
 
Pay stub violation
 
If all of the time that you work or are under the control of the company isn't listed on your pay stub, this is a pay stub violation. 
 
Waiting time penalties
 
If you have been paid all of your wages timely at time of termination, you're owed waiting time penalties. 
 

Does any of this sound familiar to you? 

If so, then we would like to hear from you.  

 

Who is included in the Foster Poultry Farms lawsuit? 

The Foster Poultry Farms lawsuit concerns all current or former hourly employees that have worked at any of the Foster Poultry Farms locations in California from September 25, 2013 to present.  
 

We would like to hear your take.

 

Contact us:

Call us at 619-304-1000
 
Text us at 858-281-8008
 
Chat with us on this website.
 
Or leave us a message on this webpage
 
 

Here are questions that we answer and/or issues that we address in this webpage: 

Foster Poultry Farms Class Action Lawsuit- Complaint filed in Superior Court

Can California Poultry Workers file an Unpaid Wage Class Action Lawsuit?

What if I'm not getting getting paid for all time I work at a California poultry processing facility and/or poultry industry workplace? 

Getting suited and booted - Am I supposed to be paid for all the time that I'm putting on and taking off my protective gear?

It is illegal under California law to have workers take off their protective gear and put back on their protective gear during their lunch break?

Am I owed an hour's pay every time I'm not provided a legal meal break? 

Am I owed wages for the time that I have to take off my protective gear and put back on my protective gear during my meal period? 

Why is it that you don’t have to be working - but if you’re subject to your employers control - then you have to be paid?

You are subject to the control of the company when you're washing your hands, walking to and from your workstation and/or boot sanitizing

How much money are we talking about for wages owed for the time that it takes me to take off and put on my protective gear while I am at lunch?

Why do you think that the USDA is constantly on the floor watching you work?

Rest Period violations - when you have take off your protective gear and/or put on your protective gear during your rest period, walk to the break room, wash your hands, etc. - during your rest break -  is this a violation of California law?

“But we give the poultry workers a 15 minute rest break” - why this defense isn't a defense...
 
Can I recover money if I don't get a rest break?... You are entitled to an hour's pay when the poultry company doesn't provide you with a rest break
 
Why you also may be owed paycheck stub violations (up to $4,000)

Why you also may be owed waiting time penalties

A case study: How this can all add up to thousands of dollars in unpaid wages and penalties - even if you're not paid 4 minutes of wages each shift ..... Jose is a poultry processing facility worker

Foster Poultry Farms Locations that are included in the class action lawsuit
 

Why has Bill Turley asked to testify concerning wage law legislation at the California State Senate and the California Assembly?

Bill Testifying before the California State Senate and California State Assembly on wage legislation


A No B.S. straight-shooter lawyer

 
Believe it or not, Bill is known for being a no B.S. straight-up lawyer. Besides being known as one of the leading experts on this area of the law in California, one of the reasons why Bill is asked to testify at legislature hearings is because he is known for being straight-forward and blunt. He is known for being no B.S., with no lawyer-talk, no double-talk.
 
Bill helped write the most recent changes to the PAGA wage laws.
 
Bill represented the workers in the landmark California Supreme Court Brinker vs. Superior Court case and he wrote the winning brief in the Augustus California Supreme Court case that established workers rights for rest breaks in California.
 
Here is some no B.S. straight-up wage and hour lawyer straight talk. Winning these wage and hour class action lawsuits is never easy.  The company has hired some really talented, good lawyers.
 
The company has not gotten a chance to present their defenses in court yet. Nothing has been proven in court yet. This Foster Poultry Farms class action case can always lose. That is the reality of walking into court and asking for money. The company can owe workers money in unpaid wages and the case may not be certified as a class action. Every case is different. Every situation is different. 
 
 
Foster Poultry Farms Class Action Lawsuit- Complaint filed in Superior Court
 
Foster Poultry Farms Class Action Lawsuit
*Please note that Bill Turley is no longer with the Turley and Mara Law Firm APLC. 

Can California Poultry Workers file an Unpaid Wage Class Action Lawsuit?

According to the California Poultry Federation, the California Poultry industry provides jobs for over 25,000 people throughout California and indirectly provides jobs to tens of thousands of workers in affiliated industries such as trucking and feed suppliers.
 
If you work for a California poultry farm company -  either in a poultry processing plant or on a poultry farm - you should know how California's strict wage laws protect you and your family's wages. 
 
The following is the law for California poultry farm workers: 
 

What if I'm not getting getting paid for all time I work at a California poultry processing facility and/or poultry industry workplace? 

 
Under California law, employees must be paid for all time worked. This includes time where you are not actually "working," when you are under the control of the employer.
 
For example: You must be paid for the time that you are standing in line at security when you are entering or leaving the plant or facility. When you have to wait in security lines while you are entering and/or leaving the workplace, you are under the control of the company.  
 
Whenever you are under the control of the employer - you must be paid for this time in California. 
 
These laws apply to all California employers, even California poultry farms and processing facilities. 

Getting suited and booted - Am I supposed to be paid for all the time that I'm putting on and taking off my protective gear?

You must be paid for the time that you are putting on and taking off your protective gear. We have heard this called, “getting suited and booted.” 
 
Here is a list of what the typical poultry processing worker has to wear while they work: 
 
Protective glasses
Gloves
Apron
Headwear/ hair net
Smock
Ear plugs
 
If you are a sanitation worker, you may wear more protective gear. 
 
Due to prior lawsuits, many poultry companies now have employees put on protective gear - that is "getting suited and booted” after they clock in. And at the end of their shifts, they take off their protective gear, before they clock out.
 
If you aren’t (or weren’t) getting paid pre-shift to put on protective gear and post-shift to take off your protective gear - then this is a violation of California law and you must be paid for this time.
 
 

It is illegal under California law to have workers take off their protective gear and put back on their protective gear during their lunch break?

If the company gives you 30 minutes for your meal period, part of your meal period can't be spent taking off and putting back on your protective gear. 
 
Under California law, “An employer's duty with respect to meal breaks … is an obligation to provide a meal period to its employees. The employer satisfies this obligation if:
 
 1.  It relieves you of all duty,
 2.  Relinquishes control over you activities and
 3.  Permits you a reasonable opportunity to take an uninterrupted 30-minute break, and
 4.  Your employer does not impede or discourage you from doing so."
 Brinker vs. Superior Court  (2012) 53 Cal.4th 1004, 1040.
 
This is all based upon the ground-breaking California Supreme Court case - Brinker vs. Superior Court. I know the Brinker case very well, because I represented the workers in the Brinker case. I have often used the Brinker case in order to win workers wages in unpaid wages class action cases.
 
When the company provides you with a 30 minute meal break, you have to receive 30 minutes. Not 28 minutes or 29 minutes.
 
You are owed an hour’s pay if you have to take off or put on protective gear while you are on your meal break
 
If any part of your 30 minute meal period is spent taking off your protective gear or putting back on your protective gear, then you didn’t get a legal meal break under California law.
 

Am I owed an hour's pay every time I'm not provided a legal meal break? 

When you have to take off and put on your protective gear during your meal break, you are owed an hour’s pay for every meal period when this occurred. California Labor Code Section 226.7
 
If we use a conservative one meal period a day, that means that you are owed an hour’s pay for every shift that you worked.
 
These meal period laws apply to all California employers - even California poultry farms and poultry processing plants. 
 

Am I owed wages for the time that I have to take off my protective gear and put back on my protective gear during my meal period? 

 
When the company deducts a ½ hour for your meal break, but you are still under the control of the company during part of that time, then the company must pay you for this time that you are under the control of the company.  When you are taking off your protective gear when you go to lunch, you are under the control of the company. When you are putting back on your protective gear after lunch, you are under the control of the company. 
 
This is Brinker 101, so to speak.
 
Under California law, compensable time is "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work,  whether or not required to do so." Morillion v. Royal Packaging Co., 22 Cal. 4th 575, 578 (2000) (quoting Wage Order 4 Section 2(G)).
 
Time is compensable if you are "under the control" of your employer, whether or not you’re engaging in work activities, such as by being required to remain on the employer's premises or being restricted from engaging in certain personal activities.  Morillion v. Royal Packaging Co., 22 Cal. 4th 575, 578 (2000).
 

Why is it that you don’t have to be working - but if you’re subject to your employers control - then you have to be paid?

If you are an employee who is subject to your employer's control you don’t have to be working during that time to be compensated under the California Wage Orders. Bono Enterprises, Inc. v. Bradshaw (1995) 32 Cal. App. 4th 968, 974-975; Aguilar v. Association for Retarded Citizens (1991) 234 Cal. App. 3d 21, 30; Morillion v. Royal Packing Co., 22 Cal. 4th 575, 582 (2000).
 
You can expect the company to argue that you're not "working" when you're clocked out for lunch and taking off and putting back on your protective gear. However, California law is clear. You don't have to be working in order for the company to have to pay you.  When you're taking off and putting on your protective gear you're under the control of the company because you have to be wearing this protective gear in order to work in the poultry processing plant and/or poultry facility. 
 

You are subject to the control of the company when you're washing your hands, walking to and from your workstation and/or boot sanitizing 

When the company gives you 30 minutes for lunch, the company can't count the time that you are walking to and from your workstation as part of your 30 minute lunch break. When you're walking through the plant, you are under the control of the company.  The Supreme Court was clear in the Troester case that you have to be paid for the time that you're walking from the time clock to the front door.  It's the same for lunch breaks. 
 
When the company gives you 30 minutes for lunch, the 30 minutes has to start after you have walked through the plant, from your workstation to the exit. 
 
Similarly, if you have to wash your hands before you eat lunch and wash your hands after you eat lunch, then this sanitation process is time that you are under the control of the company.  The company can't make you use part of your 30 minute meal break in order for you to wash your hands. 

How much money are we talking about for wages owed for the time that it takes me to take off and put on my protective gear while I am at lunch?

You have to add up all the time that you’re under the control of the company - walking from your workstation, washing your hands, boot sanitizing
You are entitled to get paid for all the time that you’re under the control of the company. 
 
The company has policies that require you to wash your hands (some folks say you should be scrubbing your hands long enough to recite your ABC’s), walking from your workstation, sanitizing boots, etc.
 
It's actually federal law that you need to wash your hands before you work with food products. But that makes sense, doesn't it? 
 
Whether your owed for 1 minute or 20 minutes due to your being under the control of the company during meal breaks, you’re still owed wages
 
In the recent Troester California Supreme Court case, a worker was unpaid while they closed up the store for about two (2) minutes per shift. The California Supreme Court held that the company must pay for that 2 minutes per shift. The wages and penalties owed to the worker ended up being thousands of dollars. All based upon about 2 minutes a shift. Troester v. Starbucks Corp., 5 Cal. 5th 829, 845 (2018).
 
The Ninth Circuit ruled that as little as 59 seconds of unpaid time must be paid. Rodriguez v. Nike Retail Servs., 928 F.3d 810, 817 (2019).
 

Why do you think that the USDA is constantly on the floor watching you work?

Think about it.  The reason why the USDA is constantly on the floor watching you is to make sure that you're wearing your protective gear, to make sure that you're being sanitary. That you're washing your hands. That you're sanitizing your boots. They are there in order to protect the public. 
 
 
 

Rest Period violations - when you have take off your protective gear and/or put on your protective gear during your rest period, walk to the break room, wash your hands, etc. - during your rest break -  is this a violation of California law?

Under California rest period law, employees are entitled to a net 10 minute rest period. This law applies to Foster Poultry Farms also.
 
The employer satisfies its obligation to provide rest breaks if it:
 
1.  Relieves its employees of all duty,
2.  Relinquishes control over their activities and
3.  Permits them a reasonable opportunity to take an uninterrupted 10 minute break, and
4.  Does not impede or discourage them from doing so.  Or provide an incentive to forego. 
Augustus v. ABM , 2 Cal. 5th 257, 265, (2016).
 
In at least four different places in the Augustus decision, the California Supreme Court stated that an employer's obligation to provide rest breaks is the same as it is to provide meal breaks.
 
Thus, if you have to spend any part of your 10 minute rest break while under the control of the company (such as - taking off your protective gear, putting on your protective gear, washing your hands, desanitizing your boots or even walking to or from your workstation) - then you didn’t get a legal rest break under California rest period law for poultry workers.
 

“But we give the poultry workers a 15 minute rest break” - why this defense isn't a defense...

The reason why this isn’t a good defense is because it takes longer than 5 minutes to complete all the tasks (such as - taking off your protective gear, putting on your protective gear, washing your hands, sanitizing your boots or even walking to or from your workstation) the employer requires you to perform during your rest break.
 
This means that you received less than 10 minutes for your rest break. When this occurs, you haven't received a legal rest break under California rest break law. 
 

Can I recover money if I don't get a rest break?... You are entitled to an hour's pay when the poultry company doesn't provide you with a rest break

Yes. If you do not receive a legally compliant rest break you are entitled to an hour’s pay at your regular rate of pay. California Labor Code Section 226.7; Augustus v. ABM , 2 Cal. 5th 257, 265, (2016).
 

Why you also may owed paycheck stub violations (up to $4,000)

You're also probably owed paycheck stub violations.  Since the company didn't put all of the hours you worked on your pay stub, didn't put your gross pay and didn't put the net pay owed to you on your pay stub, then you are entitled to paycheck stub violations. California Labor Code Section 226(a).
 
These 226 penalties are up to $4,000.
 

Why you also may be owed waiting time penalties

Since all of your wages weren't paid timely at time of termination, you're also owed waiting time penalties.  California Labor Code Section 203. The waiting penalties you're owed are up to 30 days pay.
 
For example, if  you made $15 an hour your waiting time penalties are as follows:
 
$15 x 8 hours = $120

$120 x 30 days = $3,600
 
 
 

A case study: How this can all add up to thousands of dollars in unpaid wages and penalties - even if you're not paid 4 minutes of wages each shift ..... Jose is a poultry processing facility worker

Ok, I'll say it again. There are no promises in life or law. And this isn't a promise or a guarantee. This is only a case study. Your situation may differ. 

But this is stuff that you should know. You need to know how powerful California wage law can be for poultry workers. 

Jose is a poultry industry employee in California. Jose works in a poultry processing facility for XYZ Poultry Farm, Inc. (I'm making up a company name for illustrative purposes only). In this illustration, Jose earns the California minimum wage - $12 an hour.  Jose isn't paid for just 4 minutes a shift, that he is under the control of the company. Again, Jose isn't "working" for these 4 minutes, but he is under the control of the company. 

Jose is regularly not paid 4 minutes each shift.  Even though Jose is only not being paid for 4 minutes a day, the the wages and penalties that Jose is owed by the company can easily be in the thousands and thousands of dollars.  Let me explain. 

Each morning when Jose arrives at work there is a line/ wait at the security in order to enter the facility.  Jose's wait in a security line is for 2 minutes each day. Jose is not getting paid while he is waiting in the security line.  (I know the security lines are probably much longer than this each day, but, again, go with me here for illustrative purposes).

The company says that Jose gets 30 minutes for lunch. A bell sounds and everyone in Jose's department goes to lunch at the same time. However, during this 30 minute lunch, Jose is taking off and putting back on his protective gear. It takes Jose 2 minutes to take off and put his protective gear back on each day during his lunch break. (I know that it's impossible to take off and put on your protective gear in 2 minutes, but go with me here).

In other words, Jose gets a 28 minute lunch instead of a 30 minute lunch - because he is taking off and putting on your protective gear for 2 minutes during his lunch break and Jose isn't being paid for this time 

The company pays workers every week. Jose works for the company for one year and then Jose leaves. 

The potential unpaid wages owed to Jose in this case study are as follows: 

Unpaid wages: 

4 minutes x 260 days =  1,040 minutes

1,040 minutes divided by 60 =  17.33 hours 

$12 hour x 17.33 hours =  $208 in unpaid wages 

Meal period violations

Since, Jose isn't getting a full 30 minute meal period, then the company owes him an hour's pay for every meal period that was not provided to Jose.

260 days x $12 =  $3,120 

Thus, Jose is owed $3,120 in meal period violations.

Pay stub violations 

Since the correct hours worked and wages earned were not put on the pay stub, then there are pay stub violations. Jose is owed the maximum $4,000 in pay stub violations. 

Waiting time penalties 

Jose is owed 30 days wages for waiting time penalties. 

 8 hours x 12 = $96 

$96 x 30 days = $2,880

 

Thus, the wages and penalties owed to Jose are as follows: 

$     208     unpaid wages

$  3,120     meal period violations

$  4,000     pay stub violations

$  2,880    waiting time penalties 

$10,208    Total unpaid wages and penalties owed 

Now am I saying that Jose is going to get $10,208? Probably not, unless the case goes to trial.

But, suppose that Jose got $4,000 in a class action settlement. Do you think that Jose would be happy with getting $4,000? 

 

Contact us:

Call us at 619-304-1000
 
Text us at 858-281-8008
 
Chat with us on this website.
 
Or leave us a message on this webpage

Foster Poultry Farms Locations that are included in the lawsuit

Have you worked at any of the following Foster Poultry Farm locations?
 
 
Fresno Facility - Foster Poultry Farms:  Unpaid Wages, Meal Breaks, Rest Breaks Class Action Lawsuit
 
Fresno Facility - Foster Poultry Farms:  Unpaid Wages, Meal Breaks, Rest Breaks Class Action Lawsuit
 
 
Fresno Facility - Foster Poultry Farms:  Class Action Lawsuit Unpaid Wages, Meal Breaks, Rest Breaks 
 
Fresno Facility - Foster Farms - wages class action - not getting paid wages, meal breaks, rest breaks, pay stubs, waiting time penalties
 
 
Foster Poultry Farm - Unpaid Wages Class action lawsuit - Turlock Facility 
 
Foster Poultry Farm - Unpaid wages Class action lawsuit - Turlock Facility
 
 
Foster Poultry Farm - Unpaid Wages Class action lawsuit - Livingston Facility 
 
Foster Poultry Farm - Unpaid wages Class action lawsuit - Livingston Facility
 
 

Compton Facility - Foster Poultry Wages Class Action lawsuit
 
Foster Poultry Farms - Compton - Class Action Lawsuit - wages, rest breaks, meal breaks
 
 
Porterville facility - Foster Poultry wage and hour class action lawsuit
 
Porterville facility - Foster Poultry class action - not paying wages, meal break violations, rest break violations
 
 
And these additional Foster Poultry Farms locations: 
 
Traver
Hollister
Denair
Delhi
Atwater
Caruthers
Waterford
Riverdale
Corcoran
Oakdale
Reedley
Ballico
 
 
 

 

This article isn't legal advice

These discussions and/or examples are not legal advice. All legal situations are different.
 
These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation.
 
Every case is different. There are any number of reasons why class actions are not certified, not won and/or PAGA actions are not successful. The allegations and defenses have not yet been decided in court. 
 
Just because we have gotten great results in many other unpaid wage cases, doesn't guarantee in particular result in other cases. Including, your wage case. Every case is different. In other words, your mileage may vary.
 
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William Turley
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“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”
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