In a striking legal confrontation, an individual has taken action against a drywall company for alleged labor violations. Rui Fernando Avila Toledo filed a complaint on November 12, 2025, in the Superior Court of California, County of Santa Clara, against S&S Drywall, Inc., S&S Limited LP, and Gabriel Silveira. The lawsuit highlights serious allegations concerning unpaid wages and other employment law breaches.
The plaintiff, Rui Fernando Avila Toledo, claims that he was employed as a non-exempt worker by the defendants from before January 2021 until October 29, 2024. During this period, he alleges that the defendants failed to pay overtime and minimum wages, did not provide rest breaks or reimburse necessary business expenses. According to the complaint, “Defendants refused to compensate Plaintiff for this work-related travel between Defendant’s office and the worksites,” leading to unpaid overtime hours due to extended travel times required by his job duties. Furthermore, Avila Toledo accuses the defendants of failing to provide accurate wage statements and engaging in unfair competition practices under California’s Business and Professions Code § 17200.
Avila Toledo’s legal filing details multiple instances where he believes his rights were violated under California labor laws. He asserts that his regular rate of pay increased over time but remained uncompensated for significant periods of work beyond standard hours. For example, “Plaintiff regularly worked more than eight (8) hours in a day and/or more than forty (40) hours in a week,” yet did not receive appropriate overtime compensation as mandated by state law. Additionally, he was allegedly denied adequate rest breaks on numerous occasions when accompanied by Gabriel Silveira at job sites.
The plaintiff seeks various forms of relief from the court including compensatory damages exceeding $35,000 for unpaid wages and expenses. Specifically mentioned are amounts such as $125,000 for unpaid overtime wages and another $30,000 for missed rest break premiums. Avila Toledo also demands reimbursement for out-of-pocket expenses incurred due to business-related purchases like tools and fuel costs which were never compensated by the employer.
The lawsuit is spearheaded by attorney T.P. Skinner from Skinner Law Group APC based in Oakland, CA. It calls upon the court to hold the defendants accountable for their alleged misconduct and ensure restitution is made for all financial losses suffered by Avila Toledo during his employment tenure with S&S Drywall entities.
As this case unfolds under Case No. 25CV479933 before Judge M. Johnson at Santa Clara County’s Superior Court with an anticipated jury trial demand already placed forthwith – it serves as a critical reminder about employers’ obligations towards fair treatment within workplace environments across industries statewide.
Source: 25CV479933_RUI_Fernando_v_S_&_S_Limited_Complaint_County_of_Santa_Clara_California.pdf
