August 3, 2021
County of Merced
Employee rights firm Kyle Todd, P.C. has filed a representative complaint for civil penalties for violations of the California Labor Code under the Private Attorneys General Act (PAGA) against N&S Tractor Co. (“N&S”), an agri-business corporation which operates facilities in several cities and counties including Colusa, Dos Palos, Stockton, Stratford, Turlock, Willows, and Yuba City.
The putative class action alleges that representative, Jose Pena, and other aggrieved employees have been subjected to numerous Labor Code violations which are the result of systemic policies and procedures implemented by N&S. The class action lawsuit alleges that N&S has had a consistent policy of: (1) failing to pay aggrieved employees for all hours worked; (2) failing to pay aggrieved employees for all overtime hours worked; (3) failing to reimburse aggrieved employees for all necessary business expenditures incurred; (4) failing to provide aggrieved employees with uninterrupted, off-duty meal periods and failing to provide the requisite missed meal period premium; (5) failing to provide aggrieved employees with rest periods and failing to provide the requisite missed rest period premium; (6) providing aggrieved employees with inadequate and inaccurate wage statements; (7) failing to pay employees by the appropriate pay period; and (8) failing to provide aggrieved employees with paid sick days.
Mr. Pena was a field technician at N&S’ facility in Merced, California. The complaint alleges, among other things, that Mr. Pena and other N&S employees were systematically overloaded with work during their “busy season,” forcing them to work 6 or 7-day workweeks and, consequently, overtime hours for which they were not properly compensated. The complaint further alleges that Mr. Pena and other N&S employees were also not provided with uninterrupted meal and rest breaks, or premium payments resulting from this failure. Mr. Pena also claims he and other aggrieved members were not properly reimbursed for all necessary business expenditures, including but not limited to the use and purchase of tools necessary to perform required or necessary work, including but not limited to meters, hand tools, and electric tools.
Mr. Pena is represented by Attorney Kyle Todd, Esq., of Kyle Todd, P.C. Requests for comment can be directed to Mr. Todd at (323) 208-9171.