Who is a Class Member
Class members of the Badger Daylighting Overtime Wage Class Action Settlement includes “all former and current Operators and Swampers employed by Badger anywhere in the State of California during June 9, 2013 and January 31, 2018.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Your actual individual payment will depend on the number of workweeks you worked for Badger during the Class Period. This information is located in your Notice Packet.
Proof of Purchase
Badger Daylighting Overtime Wages Settlement Notes
- Powell v. Badger Daylighting Corp.
- Case No. BCV-15-101202
- Pending in the Superior Court of California for the County of Kern
This California wage and hour class action lawsuit stems from claims brought by former and current employees of Badger Daylighting Corp. alleging the company violated California labor laws by failing to:
- pay overtime wages and regular payday wages
- provide compliant meal and rest periods
- provide accurate wage statements and maintain required records
Badger Daylighting was founded in 1992. It is the largest provider of non-destructive hydrovac excavation in North America. The company denies all claims and contends it complied with California labor laws at all times as well as the Industrial Wage Commission Orders.
Specifically, lead plaintiff Todd Powell worked as a non-exempt lead operator at Badger’s Taft, California location. He contends that during his employment with Badger, he was both required to work through meal and rest breaks and interrupted during these break periods. According to court documents, Badger would regularly change employees’ timecards to reflect that they were providing breaks. Futhermore, Badger regularly instructed their employees to “roll over” hours they worked in excess of a regular 16-hour workday, and were routinely not paid for overtime worked.
Settlement documents can be viewed on the Badger Wage Settlement Website.
Class members who wish to opt out or object to the terms of the Badger Wage Settlement must do so by April 23, 2018. Class members who wish to dispute the information in their individual settlement notice must do so by April 23, 2018. Class members who wish to participate in the settlement do not need to do anything to receive payment.
- 4/23/18: Dispute Deadline
- 4/23/18: Objection or Opt-Out Deadline
- 5/16/18: Final Hearing at 8:30 am PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.cptgroup.com/BadgerWageSettlement/ to confirm that the date or time of the Hearing has not been changed.
- Mail: CPT Group, Inc. 50 Corporate Park Irvine, CA 92606
- Phone: 1-866-573-4718
- Ronald W, Makarem, Gene F. Williams, and Jean-Paul Le Clercq of Marekam & Associates APLC