4:47 PM: Three convenience store workers from Santa Cruz sued Valero Energy Corp. in federal court in San Francisco today for allegedly failing to pay overtime wages and give them rest and meal breaks.
Plaintiffs Dorothy McCarthy, Sandra McKnight and Janice Clifton are present and former managers or assistant managers at so-called Corner Stores that sell snacks and gasoline 24 hours per day at Valero gas stations.
They claim that Texas-based Valero, the nation’s largest independent oil refiner, is violating both federal and state labor laws.
They contend that in addition to failing to pay overtime, the company hasn’t compensated them for being on call and allegedly spending an additional 10 to 20 hours per week responding to problems at the stores when they are off duty.
The lawsuit seeks to be certified as a class action on behalf of employees at 5,800 Valero gas station stores nationwide. A spokeswoman for the plaintiffs’ lawyers said the class could contain up to 5,000 workers.
However, Valero media relations director Bill Day said that only 1,000 of the corner stores are operated by Valero and the 4,800 others are run by independent proprietors.
Day said the company had not been served with the lawsuit and could not comment directly on it.
But he said Valero “generally denies the allegations.”
The spokesman said, “Valero pays its employees appropriately and in accordance with state and federal laws.”
McCarthy charged in a statement, “The company has swept our complaints under the rug for years.”
She said the company’s practice of assigning just one manager, around the clock, to each store “makes every manager’s work week significantly longer than 40 hours, but we are not paid for these additional hours, and we are not provided time for meals or rest breaks.”
Steven Wittels, a lawyer for the workers, estimated the company could be liable for $100 million in back pay and damages if the lawsuit is approved as a class action and is successful.
12:07 PM: Three convenience store workers from Santa Cruz sued Valero Energy Corp. in federal court in San Francisco today for allegedly failing to pay overtime wages and give them rest and meal breaks.
Plaintiffs Dorothy McCarthy, Sandra McKnight and Janice Clifton are present and former store managers or assistant managers at so-called Corner Stores that sell snacks and gasoline 24 hours a day at Valero gas stations.
They claim that Texas-based Valero, the nation’s largest independent oil refiner, is violating both federal and state labor laws.
They allege that in addition to failing to pay overtime, the company hasn’t compensated them for being on call and responding to problems at the stores when they are off duty.
The lawsuit seeks to be certified as a class action on behalf of employees at 5,800 Valero gas station stores nationwide.
McCarthy charged in a statement, “The company has swept our complaints under the rug for years.”
She said the lawsuit “is the only hope we have of being paid for the work we actually do and getting the breaks we’re entitled to.”
Steven Wittels, a lawyer for the workers, estimated the company could be liable for $100 million in back pay and damages if the lawsuit is approved as a class action and is successful.
Valero spokesman Bill Day said, however, that only 1,000 of the Corner Stores are operated by Valero and the 4,800 others are run by independent proprietors.
Day said the company would not have a comment on the lawsuit until later today.
