CALIFORNIA – Workers at 12 ports in California have filed a collective lawsuit against various terminal operators and maritime entities, alleging multiple violations of state and municipal labor codes. The lawsuit focuses on inadequate sick pay and pandemic-related “appreciation pay.”
Filed in the Superior Court of San Francisco County, the lawsuit aims to recover sick pay, pandemic-related one-time wage payments, civil and statutory fines, and additional damages.
The plaintiffs accuse the defendants of failing to compensate employees adequately for sick pay promptly, in violation of the California Labor Code. This includes situations such as diagnosis, care, or treatment of an existing health condition, preventive care, or instances of domestic violence.
Furthermore, the plaintiffs argue that the defendants failed to maintain a policy providing employees with paid time off, and improperly recorded sick hours on employees’ pay stubs.
The collective lawsuit represents approximately 8,000 to 10,000 employees across various ports and names 27 defendants, including the Pacific Maritime Association (PMA), Maersk, APM Terminals, Cosco Shipping, Yang Ming, and SSA Terminals. Over 100 additional unnamed companies are also included.
The plaintiffs also allege that a June 2023 agreement excluded port security guards from receiving pandemic-related payments as retaliation for previous complaints about sick pay. The defendants argue that local collective bargaining agreements may waive sick leave laws. They also refute that some defendants never employed the plaintiffs or the individuals claiming to represent them.
Additionally, a second collective complaint, supported by the ACLU Women’s Rights Project, alleges discrimination against six non-unionized pregnant workers of longshoremen at the ports of Los Angeles and Long Beach.
The lawsuit seeks to rectify the alleged labor violations and ensure appropriate compensation for affected workers. These cases underscore the importance of ensuring compliance with labor rights and equity in the workplace.
