The Los Angeles Times provided insightful coverage of a new wage-and-hour class action lawsuit filed on October 19, 2017 by Teukolsky Law, APC on behalf of hotel workers who work at the "ritzy" Terranea Resort in Rancho Palos Verdes. Here is an excerpt:
"The lawsuit delves into a question that has been argued as high as the U.S. Supreme Court: At what point should employees be considered on duty and therefore earning their hourly wages?
In 2014, the Supreme Court ruled unanimously that warehouse workers for online shopping giant Amazon were not obligated to be paid for the time they spent undergoing security screenings after each shift.
Teukolsky said the Amazon case focused on a federal law, the Fair Labor Standards Act, and the court ruled that the security screenings fell into an exemption in the act.
In contrast, Teukolsky said, her lawsuit is supported by a 2000 ruling by the California Supreme Court that agriculture workers who spent time commuting on employer buses to the fields must be compensated for that time. Based on that case, she said, her clients should be compensated for time spent traveling on company shuttles to the resort.
'There are many examples where California law is more protective of workers than federal law,' she said."
Teukolsky Law, APC filed a class action lawsuit today against the luxury Terranea Resort in Rancho Palos Verdes, alleging that the hotel has subjected its workers to numerous wage-and-hour violations, including failure to pay them for all hours worked, the denial of meal and rest breaks, and failure to reimburse them for work supplies. Surrounded by hotel workers, Lauren Teukolsky announced the lawsuit along with named plaintiff Galen Landsberg at a press conference outside the oceanfront resort this morning.
The lawsuit claims that the resort regularly prohibits workers from parking in its onsite lots to make room for guests and requires workers to instead take company shuttles from remote off-site parking lots, but does not pay them for the additional travel time. Due to the high cost of rent in Rancho Palos Verdes, most workers commute to the hotel from more affordable parts of the Southland. Workers say the Terranea’s required use of company shuttles can add an hour or more to their already grueling daily drives.
“Rancho Palos Verdes is not somewhere we workers can afford to live, so we drive long distances each day to get to work. I live in mid-City Los Angeles. It’s frustrating that, on top of the long commute, we have to come in early to take the company’s shuttles from the offsite lots and are not paid for this time,” said Galen Landsberg, a cook at the Terranea.
Freddy Lovato, another Terranea cook, said: “I know the law says that we are supposed to be able to take two ten-minute rest breaks when we work an eight-hour shift. But that is not the reality. The kitchen is incredibly busy and we are regularly not permitted to take breaks.”
The suit also alleges that the hotel fails to reimburse workers for such required tools as knives, sharpening stones, peelers, lemon juicers, kitchen scissors, spatulas, and graters at Terranea’s expensive restaurants. “Talk about nickel-and-diming,” said Ms. Teukolsky. “While guests pay upward of $30 or $40 for a single entrée, Terranea pockets the profits and requires their own employees to supply the tools that enable them to perform their jobs.”
The Terranea, a Lowe Enterprises property, has become iconic in the upper echelons of the Los Angeles hospitality industry. The expansive property is located up the Pacific Coast from the Trump National Golf Course. With its ocean-side views and A-list clientele, the 5-star resort projects an image of luxury and environmental stewardship.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.