Plaintiff alleges staffing agencies failed labor laws

Superior Court of California - Santa Clara County
Superior Court of California - Santa Clara County
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In a significant legal move, a former employee has filed a representative action against multiple companies for alleged labor violations. The complaint was filed by Ezrah Porter on November 5, 2025, in the Superior Court of California, County of Santa Clara, targeting Trademark Staffing, Inc., ATI Restoration Spring Valley CA, Inc., and ATI Restoration, LLC. This case highlights serious allegations of labor law breaches affecting not only the plaintiff but also other aggrieved employees.

Ezrah Porter alleges that the defendants have systematically violated several provisions of the California Labor Code. According to the complaint, these violations include failing to provide meal and rest periods, not paying minimum wages for all hours worked, neglecting to pay vested vacation pay and final wages upon employment termination, and failing to reimburse necessary business expenses. Porter further claims that employees were not provided with accurate wage statements as required by law. The lawsuit accuses the defendants of engaging in practices such as requiring off-the-clock work without compensation and using an auto-deduct policy that unfairly reduced employees’ paychecks regardless of whether they received their entitled breaks.

The complaint details specific instances where Porter and other employees were allegedly directed to start work before their scheduled hours without pay and were made to don personal protective equipment (PPE) off-the-clock. It also describes how employees often faced last-minute job cancellations requiring them to travel between sites without compensation for time or mileage incurred. Moreover, it is claimed that due to understaffing and excessive workload demands, employees could not take their legally mandated breaks.

Porter seeks judgment from the court for unpaid wages, restitution, civil penalties under various sections of the Labor Code including §§ 201-203, 204, 223, 226(a), 226.7 among others. The relief sought includes declaratory relief, pre-judgment interest on unpaid amounts, civil penalties calculated per violation per employee per pay period as stipulated by law sections like § 2699(f)(2), costs of suit including reasonable attorneys’ fees pursuant to § 2699(g), and any other relief deemed just by the court.

The legal team representing Ezrah Porter is led by Shaun Setareh from Setareh Law Group based in Beverly Hills. The case is being reviewed under Case No. 25CV479395 in front of Judge A. Hernandez at the Superior Court of California in Santa Clara County.

Source: 25CV479395_Ezrah_Porter_v_Trademark_Staffing_Complaint_County_of_Santa_Clara_California.pdf



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