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Suit Claims Firm Violated Minimum Wage Law

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Times Staff Writer

A coalition of Ventura County labor groups said in a lawsuit filed Monday in U.S. District Court that a Simi Valley recycling firm fired 10 employees who asked to be paid the state’s minimum hourly wage.

The employees were paid $3.50 an hour by Simi Valley Recycling, the suit said. California’s minimum wage was boosted to $4.25 in July.

The suit also maintains that the firm paid employees in cash, kept no record of earnings and refused to pay Social Security, disability and unemployment compensation insurance. Such practices would violate federal labor laws.

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Wayne Eaton, a vice president of Simi Valley Recycling, declined to comment. The company processes newspapers and glass containers and employs about 60 workers.

Chris A. Schneider, an attorney for Farm Workers Law of Keene, Calif., which is representing the plaintiffs, said Simi Valley Recycling also discriminated on the basis of race, paying white workers more than black or Latino workers. Schneider said he will file a complaint with the state Department of Fair Employment and Housing regarding that allegation.

$1 Million Sought

Those who believe employers are violating minimum wage laws are entitled to file complaints with the state and federal labor boards or to seek private relief through the courts. But Schneider said a suit offers more opportunity for relief, including punitive damages. The suit asks for $1 million in damages--$100,000 for each of the 10 workers.

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Members of the coalition that filed the suit are the United Farm Workers of America, the Public Employees Assn. of Ventura County, Laborers Union Local 585 of Ventura, the Tri-Counties Central Labor Council and the United Food and Commercial Workers Local 1036.

On Wednesday, about 20 labor union representatives, immigrants rights groups and fired workers demonstrated in front of Simi Valley Recycling’s plant to protest wages and working conditions. They carried placards that said, “Fight Wage Slavery” and “I Am a Victim of Corporate Exploitation and Racism.”

Labor officials said many

Southern California firms violate the state law governing minimum wages.

“A lot of businesses that hire undocumented aliens take advantage,” said Roger Miller, a regional manager of the state’s division of Labor Standards Enforcement.

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70 Complaints a Month

Miller said his office processes up to 70 minimum wage complaints each month in Southern California.

Ned Sullivan, area director for the wage-hour division of the U.S. Department of Labor, said his office also receives many complaints.

The federal minimum wage is $3.35, but the state’s higher minimum wage of $4.25 takes precedence in California.

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