(The following story by Richard K. De Atley appeared on The Press-Enterprise website on October 12.)
RIVERSIDE, Calif. — A class-action lawsuit seeking more than $5 million has been filed against Amtrak by a reservation agent working at the nationwide railroad’s Riverside Call Center. The suit claims Amtrak fails to pay for all the time agents work at the center.
Amtrak denies the claim.
The lawsuit was filed in June on behalf of Dan W. Thomas, who said in court papers he has worked as a reservation agent at the call center since 1995.
“Throughout his employment with Amtrak, Plaintiff worked time off the clock pre-shift, post-shift, and during time set aside for meal breaks,” the lawsuit claims.
Thomas claims the failure of Amtrak to pay reservation agents for all their work time, and failure to provide agents with accurate wage statements, violates the state labor and business and professions code.
The lawsuit estimates damages in excess of $5 million, and says the class of workers who the suit says should be added to Thomas’ action is “more than 500.”
Amtrak’s response was filed in September. It denied Thomas’ allegations, said it is not liable under law, and that Thomas’ claims are barred by several legal rules.
It also says there is no reason for the court to turn the suit into a class action.
The lawsuit has been assigned to U.S. District Court Judge Stephen G. Larson, who also is presiding over an earlier, separate lawsuit filed against Amtrak by reservation agents.
That suit, started in March 2007, claims that Amtrak requires a 97.2 percent productivity rate. Plaintiffs calculate that would leave only 13.5 minutes of an eight-hour work day for state-mandated meal periods and rest breaks.
Amtrak argued that while the California Labor Code and the Industrial Welfare Commission do specify rest and meal periods, employees who have made an agreement under the Railway Labor Act are exempt from those rules.
Larson in September denied a summary judgment sought by Amtrak, and attorneys have since begun filing to dispute whether that case should be a class action.