California Construction Company Faced Labor Law Violation Allegations
/A former employee has filed a class action lawsuit against California-based construction firm OHLA USA, Inc., alleging multiple violations of state and federal labor laws tied to unpaid wages, missed breaks, and improper employment practices.
Case: Gilchrist v. OHLA USA, Inc.
Court: U.S. District Court, California Southern District
Case No.: 3:2024cv00871
Gilchrist v. OHLA USA, Inc.: The Plaintiff's Allegations
The plaintiff filed an employment law complaint on May 16, 2024, alleging that OHLA USA, Inc. violated labor law during his employment.
The Defendant: Gilchrist v. OHLA USA, Inc.
The defendant in the case, OHLA USA, is a construction company. The company is known for building vertical buildings and civil infrastructure. Their projects range from freeway expansions to bridge replacements. OHLA USA is the U.S. division of the worldwide construction company headquartered in Spain. The company had a strong presence in California during the period referenced in the case Gilchrist v. OHLA USA, Inc.
History of the Case: Gilchrist v. OHLA USA, Inc.
According to court documents, the defendants in the case were listed as OHLA USA, Inc. and Does 1 through 50. OHLA filed a motion to dismiss the case less than a month after Gilchrist originally filed. The original complaint was filed in the U.S. District Court for the Southern District of California. A few days later, Gilchrist filed a motion to remand the case to state court. Both parties opposed the other party's motion. Both parties demanded a jury trial.
Gilchrist v. OHLA USA, Inc.: The Presiding Judge
The presiding judge in the case was Michael S Berg. Judge Berg joined the U.S. District Court for the Southern District of California on November 5, 2018. University of San Diego (USD) School of Law alumnus, before being appointed a U.S. District Court judge, Berg was a criminal defense attorney for 36 years. During his time as a California attorney, Berg successfully represented multiple high-profile cases in San Diego, including the first-ever death penalty case filed in California's U.S. District Court for the Southern District.
Legal Implications Under Federal Class Action Law
Because this case was filed in U.S. District Court, it falls under the jurisdiction of the Class Action Fairness Act (CAFA)—a federal statute that broadens the reach of federal courts in class action matters. CAFA permits class action lawsuits to proceed in federal court when the amount in controversy exceeds $5 million and there is minimal diversity, meaning at least one member of the class is from a state different from the defendant's.
This expanded jurisdiction gives corporate defendants, such as OHLA USA, Inc., more flexibility to remove wage and hour class actions from California state courts to federal venues, which are often viewed as more favorable to employers. Additionally, CAFA gives federal appellate courts the discretion to review decisions that either grant or deny motions to return these cases to state court—a process known as remand. The process adds a procedural layer that can influence how quickly and in what forum employee claims are resolved.
Finally, if the lawsuit results in a class action settlement, CAFA imposes special oversight requirements. These include mandatory government notifications and judicial scrutiny of certain settlement types, especially those involving "coupon settlements" or incentive awards. For employees, this means added transparency and oversight, but also potentially longer timelines.
FAQ: Lewis v. Hermès
Q: Why was the Gilchrist v. OHLA USA, Inc. case filed in federal court instead of California state court?
A: The case was filed under the Class Action Fairness Act (28 U.S.C. § 1453 Class Action Fairness Act or CAFA), which allows class action lawsuits to be brought in federal court if certain conditions are met, such as minimal diversity between parties and a total amount in controversy exceeding $5 million. The conditions give defendants broader options to avoid state court proceedings.
Q: How does CAFA impact workers involved in California wage and hour class actions?
A: CAFA can lead to longer case timelines and more complex procedures, but it also requires stricter judicial oversight of class action settlements, including greater transparency and official review—protections that can ultimately benefit employees.
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.