Civil activists join Latino wage suit

In what is believed to be one of the state's largest class actions involving wage claims by Latino workers, the Mexican American Legal Defense and Education Fund and civil rights lawyer Bill Lann Lee will join the lawsuit, which was first filed in October by the Westlake Village firm of Sullivan Taketa against Masco Contractor Services Inc. and its California subsidiary Schmid Insulation Contractors Inc.

Latino workers have filed relatively few wage and hour claims in California, said Lee, of law firm Lewis, Feinberg, Lee, Renaker & Jackson in Oakland. He and other labor activists said that workers' fear over their immigration status, ignorance about their rights or desperation for jobs might be the reasons behind their reluctance.

"Unfortunately, some employers still think they can ignore wage and hour laws when it comes to Latinos because they won't demand their rights," said Annabelle Gonzalves, Los Angeles regional counsel for the Mexican American legal group. "We want to make sure workers know that California law protects them no matter what, and send a strong message to employers that we will not allow these violations to occur."

Masco, which ranks 190 on the Fortune 500 list with net annual sales of $12.7 billion, called the allegations groundless. "We believe that we have complied with all state and federal laws. We will defend ourselves vigorously," said Kathleen Vokes, spokeswoman for Taylor, Mich.-based Masco.

Its subsidiary Schmid, which does business in California as Paragon Schmid Building Products, installs gutters, fireplaces, insulation and other construction products.

Joel R. Villasenor, an attorney with Sullivan Taketa, said the firm had invited the Mexican American legal defense group and Lee to join the case because it needed their extensive experience with class actions and with legal cases involving Latinos to take on such a large corporation.

Daniel Gutierrez, the U.S.-born lead plaintiff, said he and other workers received as little as five hours' pay for 10 to 12 hours worked because the firm counted only the time spent on the job site, not on traveling, unloading equipment or doing paperwork.