Did Swissport Cargo Services Violate California Wage Laws?
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Swissport Cargo Services faced allegations of widespread violations of California labor laws, including unpaid off-the-clock work, missed breaks, and inaccurate wage statements.
Case: Hayes v. Swissport Cargo Services
Court: Los Angeles County Superior Court
Case No.: 24STCV31 31-0
Hayes v. Swissport Cargo Services: The Plaintiff's Allegations
William Hayes, Jr., a non-exempt, hourly employee at Swissport Cargo Services, L.P., who worked there from July 10, 2024, through August 30, 2024. Hayes filed a labor law complaint alleging that Swissport engaged in numerous labor law violations:
Off-the-clock work during meal/rest breaks and before clock-in (e.g., COVID‑19 screenings)
Wage rounding policies that underpaid employees
Failure to pay minimum wage and overtime
Inaccurate or missing itemized wage statements under California Labor Code § 226
Missing meal and rest breaks under Labor Code §§ 226.7, 512
Failure to reimburse business expenses (Cal. Lab. Code § 2802)
Late or missing final pay and sick pay in violation of §§ 201, 202, 203, 233, 246
Unfair competition under the Bus. & Prof. Code § 17200
The Defendant in the Case: Los Angeles, California Employer
Swissport Cargo Services, L.P., is a provider of airport cargo and ground services in Los Angeles, California. The company has not publicly issued a direct denial of the allegations in Hayes v. Swissport Cargo Services, and there is no official statement or court filing indicating that the company has formally responded to the complaint. However, the lack of public response likely indicates that the case is still in its early stages, and Swissport hasn't yet presented its formal position in court.
Key Legal Question: Hayes v. Swissport Cargo Services
At the heart of the case is the question of whether Swissport's timekeeping and compensation practices systematically violated California wage-and-hour laws—encompassing accurate pay for all time worked, legally required breaks, wage statement accuracy, expense reimbursement, and compliance with final wage and sick pay rules. The case is a class action seeking both injunctive relief and financial penalties.
Legal Implications: Hayes v. Swissport Cargo Services
Class action procedures and recovery scope: If certified, workers may claim back wages, penalties (including for missed breaks and wage-statement errors), and reimbursement of expenses.
PAGA exposure: Inaccurate wage statements and missed breaks could trigger additional civil penalties under the Private Attorneys General Act.
Unfair competition liability: The unfair business practices section (Bus. & Prof. Code § 17200) allows for broader remedies.
Recordkeeping accountability: The complaint challenges common (and longstanding) industry practices, such as employee hour tracking systems that automatically record time down and off-the-clock for mandatory screenings, while highlighting California employers' duty to comply with the state's labor regulations.
FAQ: Hayes v. Swissport Cargo Services
Q: Can workers file a class action over how employers round time entries?
A: Yes. California law does not permit rounding time entries downward if it results in unpaid employee time. Systematic round-down systems can support class-wide claims for unpaid wages and penalties.
Q: Does off-the-clock COVID-19 screening violate wage laws?
A: Potentially. If employees are required to undergo screenings before clocking in and aren't compensated, employers may be liable for unrecorded hours, potentially violating minimum wage, overtime, and breaking laws.
Q: What is the significance of wage-statement violations?
A: Under Cal. Lab. Code § 226, inaccurate wage statements entitle employees to statutory penalties (per pay period) separate from unpaid wages—providing another source of damages.
Q: How does PAGA factor into this case?
A: PAGA allows employees to act as private attorneys general and seek penalties on behalf of the state of California. Violations related to wage statements or missed breaks can trigger additional state penalties.
Q: What remedies are available if the class is certified?
A: Employees could recover back pay, penalties for wage/statement violations, restitution under unfair competition law, expense reimbursements, and comprehensive injunctive relief to correct recordkeeping and payroll practices.
Do you have questions about filing a California class action? Please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.
