Did Evergreen Environmental Services Fail to Pay Workers All Wages Due Under California Law?
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A California wage and hour lawsuit filed by Antonio Melgarejo alleges Evergreen Environmental Services and related entities violated multiple California Labor Code provisions governing pay, breaks, and expense reimbursement.
Case: Antonio Melgarejo v. Evergreen Environmental Services
Court: Los Angeles County Superior Court
Case No. 24STCV34126
Who Is the Plaintiff in the Case: Melgarejo v. Evergreen Environmental Services?
Antonio Melgarejo is the named plaintiff who filed the case on behalf of himself and other similarly situated current and former non-exempt employees. The complaint says Melgarejo worked for the defendants in California from June 2023 through April 2024. It also alleges Melgarejo was paid on an hourly basis and was legally entitled to meal periods, rest periods, minimum wages, and overtime pay for all hours worked. In addition to pursuing individual claims, Melgarejo seeks to represent a broader California class of non-exempt workers employed during the proposed class period.
Who Is the Defendant in the Case: Evergreen Environmental Services?
Evergreen Environmental Services LLC, the defendant, is a Texas limited liability company that conducted substantial and regular business in California. The complaint also names HPC Industrial Services LLC and Phillips 66 Company, claiming all three entities acted as joint employers because each allegedly exercised control over hours, wages, or working conditions. The pleading further states that the defendants operated a hazardous waste disposal business in California, including in Los Angeles County, where the plaintiff worked.
The Plaintiff’s Allegations: Antonio Melgarejo v. Evergreen Environmental Services
The complaint alleges the defendants failed to pay for all hours worked, including work allegedly performed before shifts, after shifts, and during what should have been off-duty meal breaks. It also claims workers were denied legally compliant meal and rest periods, were not always paid overtime and premium pay at the correct regular rate, were not fully reimbursed for business expenses such as personal cell phone use and uniform upkeep, and received inaccurate itemized wage statements.
What Is “Off-the-Clock” Work? Work an employee performs without having that time properly recorded and paid. In California employment law cases, that can include time spent working during meal breaks or doing job tasks before or after a scheduled shift.
What Is a Non-Exempt Employee? A worker who is generally entitled to protections under California wage and hour law, including minimum wage, overtime pay, and meal and rest break rules. The complaint alleges the plaintiff and proposed class members were classified as non-exempt employees.
What Is the Main Question in the Case?
The core issue is whether Evergreen Environmental Services and the other named entities failed to comply with California wage and hour laws for non-exempt employees. The complaint frames that question around several connected practices: whether workers were required to perform unpaid work, whether legally compliant meal and rest periods were actually provided, and whether overtime and premium pay were calculated correctly. Another major question is whether the defendants’ records, pay practices, and wage statements accurately reflected the time employees worked and the wages they earned. In practical terms, the case asks whether the employers’ policies shifted labor costs onto workers in a way California law does not allow.
FAQ: Antonio Melgarejo v. Evergreen Environmental Services
Q: What Does This California Employment Lawsuit Claim?
A: The lawsuit claims non-exempt employees were not paid all wages due under California law. The complaint includes allegations involving unpaid off-the-clock work, missed meal and rest breaks, overtime underpayment, inaccurate wage statements, late wage payments, and unreimbursed business expenses.
Q: What Is the Case Name and Number?
A: The case is Melgarejo v. Evergreen Environmental Services, Inc., et al., Case No. 24STCV34126, filed in Los Angeles County Superior Court.
Q: What Is Joint Employer Liability and Why Does It Matter Here?
A: Joint employer liability means more than one company can be held legally responsible for wage and hour violations if all exercised sufficient control over the terms and conditions of employment. In this case, the lawsuit names Evergreen Environmental Services LLC, HPC Industrial Services LLC, and Phillips 66 Company as joint employers, alleging all were responsible for the pay practices and workplace policies at issue.
Q: What Is “Off-the-Clock Work” in a California Wage and Hour Case?
A: Off-the-clock work is job-related work that allegedly was performed without proper pay. In this case, the complaint alleges that employees were required to work before and after scheduled shifts and during meal periods without being paid for that time.
Q: Why Do Meal and Rest Break Claims Matter in California Employment Law?
A: California law requires employers to provide compliant meal and rest periods to non-exempt employees, and missed breaks can trigger premium pay obligations. This case alleges that workers were not fully relieved of duty and were sometimes expected to remain available via communication device during breaks, which directly goes to whether the breaks were legally valid.
Q: What Makes This Case Relevant to a California Employment Law Audience?
A: This lawsuit touches several of the wage and hour issues that commonly drive California employment litigation: unpaid wages, overtime violations, meal and rest break violations, wage statement errors, final pay problems, and business expense reimbursement. For employees, the case is a reminder that payroll compliance is about more than just an hourly rate; it also depends on whether every hour worked and every premium owed was properly tracked and paid.
If you have questions about unpaid wages, missed meal or rest breaks, overtime violations, unreimbursed business expenses, or other workplace pay practices that may violate California law, the employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. Contact one of our offices in Los Angeles, San Diego, San Francisco, Sacramento, Riverside, or Chicago today to learn how to hold your employer accountable.
