Unpaid Wages are not Cool: Behr Paint Class Action Lawsuit

The Behr Paint class action lawsuit has been filed against Behr Process Corp., Behr Paint Corp., and Masco Corp. It’s an employment lawsuit that alleges violations of the Fair Labor Standards Act and CA labor law.

The plaintiff Ryan McBain alleges that worked as a field representative in Behr Paint and was assigned to various Home Depot stores. According to the plaintiff, his responsibilities included answering customers’ questions, replenishing stocks and maintaining store displays. However, he claims that the company made him prepare complex reports, shuttle between stores. Also, he was allegedly deprived of overtime pay and was not provided with an adequate meal and rest hours.

Mr. McBain alleges that Behr Paint failed to properly compensate him for his work as a field representative. In addition, the Behr Paint class action lawsuit claims that the company did not keep proper payroll records of hours worked, meal hours taken, as well as overtime worked by all their employees. In other words, the issue here does not only concern McBain, many other employees suffered from this behavior too. Among other things that the company allegedly did is that it refused to pay overtime compensation to its employees for the excessive hours they had worked.

With this class action lawsuit, the plaintiff Ryan McBain thus is seeking a trial by jury as well as the following:

  • Judgment in his favor
  • Misclassification of class members
  • Unpaid wages
  • Liquidated damages
  • Civil penalties
  • Unpaid waged from meal and rest periods not taken
  • Reimbursement of business expenses
  • Interest
  • Costs and other expenses of action
  • Attorney’s fees

Let us now look at several employee rights that you might not have been aware of.

  1. California is an “at-will” employment state

It means that your employer can fire you anytime for almost any reason. Or no reason at all! However, there are still a lot of restrictions on your employer’s power to do so.

In addition, if you and your employer have signed an employment contract. Check out the paragraph called “Termination.” If it says that your employer can fire you “for cause” only, then it will be easier for you to protect your employee rights.

  1. Employees have got extensive family leave rights

Different federal and state laws protect those employees who have to cope with the following situations:

  • Newborn babies
  • Child adoption
  • Taking care of a seriously ill family member
  • Having their own medical issues
  1. Even Government employees have got whistleblowing rights

In the state of California, laws protect both statement and federal employees who provide information about illegal activity practiced by their employers. Thus, Government agencies and departments cannot discriminate against employees who report improper or illegal activity. Otherwise, the employees can bring a lawsuit against the employer.

  1. Your employer cannot misrepresent your job performance

An employer DOES have the right to give bad reference only if it’s the truth or is offered as an opinion. However, if they misrepresent a previous employee’s job performance, the employee can file a lawsuit for defamation.

If you think that you have got a case of defamation in a job reference, you will have to prove that your employer has intentionally harmed your reputation.

  1. An employer can ask you to take a drug test

If you are a job applicant, your prospective employer can ask you to take a drug test. Or if you are already an employee and your job involves certain safety issues, then again the employer can ask you for a drug test. However, in many other cases, your employer should have legitimate reasons for asking you to take a drug test.

Legal Help

If you or a loved one has suffered due to the employer’s conduct, you might need legal help. The Margarian Law Firm offers a full protection of all your employee rights. They will evaluate your case at no cost and will provide you with further legal help if necessary. Tel.: 818-553-1000.




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