Case Summary
Jackson DeMarco Tidus Peckenpaugh ("JDTP") represents over 100 named plaintiffs in two cases entitled Hoke, et al. v. Construction Protective Services ("CPS"); case # 05CC-00061 2005 and # 05CC-00062 2005. The two cases are coordinated in the Superior Court of California, County of Orange and include claims for wage and hour law violations including violations of the federal Fair Labor Standards Act ("FLSA") and California Labor Code, as well as breach of contract. The lawsuits seek to address the failure of CPS to accurately compensate employees for all hours worked, all overtime hours, meal and rest breaks, uniform maintenance and repair, waiting time, travel time in between assignments and failure to accurately record and report all hours worked and overtime of employees.
The Hoke lawsuits assert that CPS failed to properly compensate the Plaintiffs for work periods in excess of 8 hours in a workday, 40 hours in a workweek or 6 days in a workweek, and missed rest and meal periods violating the FLSA and California Labor Code. Workers are entitled to uninterrupted meal and rest breaks. If an employee has work through their meal or rest break, they must be compensated. Workers who work shifts over 24 hours are entitled to 5 hours uninterrupted sleep unless they have contracted with the employer otherwise. The lawsuit also includes claims that Construction Protective Services failed to provide itemized wage statements, unlawfully averaged plaintiffs work hours in an effort to avoid paying overtime premiums, failed to reimburse the plaintiffs for maintaining their uniforms and breach of contract for failing to pay employees for all hours worked.
The Hoke cases are two of a number of FLSA class action lawsuits being pursued by JDTP and alleging labor code and FLSA overtime violations. Similar cases include: Abbe, et al. v. City of San Diego; Alaniz, et al. v. City of Los Angeles; Nolan, et al. v. City of Los Angeles and Reed v. County of Orange. Additionally, JDTP has considerable litigation experience as Plaintiffs' and Defense attorneys in lawsuits which allege that private entities misclassified employees with management sounding titles as exempt and other labor law violations. Representative FLSA overtime class actions or potential class actions include: Boyce v. 24 Hour Fitness; Coldiron v. Pizza Hut; Dibel et al. v. Jenny Craig, Inc., et al. and Rosello v. Domino’s Pizza.
Court Documents
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Case # 05CC-00061 |
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First Amended Complaint and Demand for a Jury Trial; June 9, 2005 |
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Answer of Defendant to First Amended Complaint; July 13, 2005 |
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Case # 05CC-00062 |
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First Amended Complaint and Demand for a Jury Trial; June 9, 2005 |
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Answer of Defendant to First Amended Complaint; July 13, 2005 |
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Join this Lawsuit
If you feel that you have worked for Construction Protective Services under similar circumstances and you would like to join this case, you will need to complete and return a Consent to Join form. You can request a “Consent to Join” form and the other necessary documents by contacting JDTP at (866) 855-4275.
If you want to join the Hoke, et al. v. Construction Protective Services lawsuit, it is important you do so as soon as possible. It can make a difference financially, since the less time you are a part of the case, the less time we can recover overtime on your behalf. As in all FLSA cases, the statute of limitations continues to run against the claimant until they join the lawsuit.
