SOURCE: Nichols Kaster, PLLP

Nichols Kaster, PLLP

October 01, 2010 13:26 ET

Court Certifies Class Action Brought by Nichols Kaster, PLLP, on Behalf of Temporary Workers Allegedly Misclassified as Independent Contractors

SAN DIEGO, CA--(Marketwire - October 1, 2010) -  On September 30, 2010, the District Court for the Southern District of California certified a class action lawsuit against Delta-T Group on behalf of temporary workers who provide staffing relief. The certified class is comprised of approximately 1,200 persons who worked for Delta-T Group in the State of California at any time since March 10, 2005.

According to the Court, "[t]he entire class alleges an identical injury, namely that they were wrongfully classified as independent contractors by DTG and, as a result, denied a panoply of work-related benefits that are afforded to employees under California labor laws." The Court then points out that the company "has no real rebuttal to this," and goes on to reject Delta-T Group's arguments against certification for the majority of claims.

"We are very pleased with the ruling," explains Plaintiff's attorney Rebekah Bailey. "Delta-T Group has a companywide practice of categorically misclassifying all of its temporary staff as independent contractors. This practice has long denied workers important employment protections and unfairly undercut competitor staffing agencies who properly classify their workers. This ruling paves the way for us to challenge these practices on behalf of all the company's California workers and we look forward to doing so."

Plaintiffs are represented by Paul Lukas, Michele Fisher, and Rebekah Bailey of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and by Jason S. Hartley of Stueve Siegel Hanson, LLP, which has offices in San Diego, California, and Kansas City, Missouri. The newly certified class is entitled Norris-Wilson v. Delta-T Group, Inc., Case No. 09CV0916-LAB (RBB) (S.D. Cal. Mar. 18, 2009). Nichols Kaster also represents a putative national class of temporary workers under federal wage and hour laws in the case entitled Bamgbose v. Delta-T Group, Inc., Case No. 09CV00667-MAM (E.D. Pa. filed Feb. 17, 2009).

Additional information about the cases is located at www.nka.com.

Contact Information

  • Contact:
    Rebekah L. Bailey
    Nichols Kaster, PLLP
    (612) 256-3287