Dish Network Class Action for Alleged Labor Law Violations

Carlos Paredes, the plaintiff, has filed a lawsuit against Dish Network L.L.C., the defendant, represented by Crosner Legal PC, filed in the San Bernardino County Superior Courts. The lawsuit alleges that Dish Network, along with related companies, acted as joint employers and violated California labor laws. The plaintiff alleges that the defendants failed to keep accurate payroll records, failed to provide proper paid sick leave, failed to reimburse employees for business expenses, and required employees to agree to unlawful criminal and financial background checks as a condition of employment.

Understanding the Legal Grounds

The lawsuit is filed under the Private Attorneys General Act (PAGA), a California statute that allows employees to file lawsuits for labor law violations. The plaintiff's legal team argues that Dish Network and its related companies acted as joint employers, a term referring to a situation where two or more entities are responsible for the conditions of employment. If proven, this could mean that all entities involved could be held liable for the alleged labor law violations.

The plaintiff also alleges that Dish Network violated the California Labor Code and applicable Wage Orders. These laws set forth requirements for employers, such as maintaining accurate payroll records and providing paid sick leave. The plaintiff claims that Dish Network failed to meet these obligations.

What Led to the Lawsuit?

The plaintiff's journey to the courtroom began with what he claims were unlawful employment practices. He alleges that Dish Network did not keep accurate payroll records, which is a violation of the California Labor Code and applicable Wage Orders. This, he claims, resulted in employees not being paid for all hours worked.

Furthermore, the plaintiff alleges that Dish Network required employees to agree in writing to unlawful criminal and financial background checks as a condition of employment. This, he claims, is a violation of the Fair Chance Act and the California Fair Employment and Housing Act (FEHA), and Labor Code section 432.5.

Who Are the Class Members?

The class members in this case are all current and former non-exempt employees who worked for Dish Network or any of the related companies, either directly or via a staffing agency, at any location in California. The time period for class membership is from one year plus 65 days from the filing of the initial complaint through the present.

These class members are considered aggrieved employees because they were jointly employed by the defendants and are thereby affected by one or more of the alleged violations. The specific criteria for being a part of the class is that the employee must have worked for any of the defendants at any location in California during the specified time period.

What Damages Is the Plaintiff Seeking?

The plaintiff is seeking civil penalties, reasonable attorney's fees, and costs. While the exact dollar amount is not stated in the complaint, it is likely that the plaintiff is seeking at least five million dollars in damages. This estimate is based on the number of alleged violations and the number of employees affected.

The plaintiff is also seeking an order requiring Dish Network to change its employment practices. This could include changes to how it keeps payroll records, provides sick leave, reimburses employees for business expenses, and conducts background checks.

What Could Be the Next Steps?

The case will likely proceed through the court system, with both sides presenting evidence and arguments. If the plaintiff is successful, Dish Network could be required to pay significant damages and change its employment practices. However, it is also possible that the case could be settled out of court.

Regardless of the outcome, this case serves as a reminder to all employers of the importance of complying with labor laws and treating employees fairly.