Construction Company With RivCo, SD Offices Sued By State

SOUTHERN CALIFORNIA — A Riverside County-based construction subcontractor that also has an office in San Diego County is cheating its workers, according to California Attorney General Rob Bonta.

On Thursday, Bonta announced during a Los Angeles press conference that his office filed a lawsuit against West Coast Drywall & Company, Inc., alleging ongoing wage and hour violations.

The specific allegations against the company — which also does business as West Coast Drywall & Paint — include failing to pay employees wages owed and overtime, failing to provide accurate and complete itemized wage statements, not reimbursing employees for tools and equipment, and failing to provide mandated breaks for field employees since at least August 2019.

"These employees often work anywhere from fifty to fifty-five or more hours per week performing physically demanding work, and yet they are not paid the minimum and overtime wages they have earned and are entitled to," the complaint reads. "West Coast’s unlawful practices continue to this day, despite numerous private lawsuits accusing it of wage theft and a consent judgment it signed with the U.S. Department of Labor (DOL) in 2017 as part of a settlement agreement, wherein West Coast promised to stop this conduct and prevent further wage theft. West Coast’s entrenched, unlawful conduct shortchanges its employees and provides the company an unfair competitive advantage over law-abiding construction subcontractors."

Patch has reached out to the company for comment and will update this story with a response.

According to West Coast Drywall & Paint's website, it is an employee-owned company that provides career development opportunities as well as retirement benefits through its employee stock ownership plan. It has offices at 3595 Presley Avenue in Riverside and 6550 Nancy Ridge Drive in San Diego.

Whatever the company claims to offer, Bonta said workplace laws "are essential for the benefit and safety of California workers."

West Coast Drywall & Paint publicly advertises that it is the largest drywall and painting subcontractor in Southern California, providing its services to some of the state’s largest home builders, including KB Home, Lennar Homes, and Shea Homes, Bonta said.

In the past four years, the company employed about 7,000 workers, the vast majority as drywall and painting field employees, according to Bonta.

The attorney general's case against the company stems from its piece-rate compensation system, he said. Instead of paying a fixed hourly wage, the company pays its field employees for each piece they complete at a promised rate. Such systems are not uncommon but "they are often abused by employers to obscure an employer’s failure to fully compensate their workers for all hours worked," according to Bonta.

DOJ’s investigation alleges West Coast Drywall & Paint did not provide legally mandated information to employees about the number of pieces that formed the basis of their pay, making it impossible for workers to accurately calculate the wages they were owed.

The lawsuit seeks injunctive relief, restitution and penalties.

“The California Department of Justice is here to protect workers from exploitive businesses like West Coast Drywall & Paint," Bonta said. "Bottom line, if you are a company that is taking advantage of workers, we will prosecute you. My office will continue to stand up for the rights of workers across the state.”

A copy of the complaint is available here.