The city of San Francisco has filed suit against a car wash for overtime and waiting-time violations. City Attorney Dennis Herrera and the organization La Raza Centro Legal allege that Tower Car Wash, which has a contract with San Francisco to wash city-owned vehicles, failed to pay employees for the hours between when they arrive at work and when they’re permitted to clock in.
According to the lawsuit, Tower requires a largely Latino workforce to report to the car wash one or two hours before starting work. Only when it gets busy do they clock in. On rainy days the workers are allegedly sent home without pay after waiting several hours.
According to the complaint, “although it appears on the surface that Defendants pay their employees the minimum wage (because the employees are paid minimum wage for the hours during which they are clocked in), in reality Defendants fail to pay the minimum wage, because the employees are not paid for the many hours they spend waiting to clock in.”
The suit seeks to recover compensation, penalties and interest that could exceed $3 million.