Truck Drivers in California bring Class Action lawsuit against employer for missed meal breaks and missed rest breaks.
In a lawsuit filed early in December 2018, a truck driver sued C&A Transportation Services Inc. The lawsuit was filed with the California Superior Court in San Diego. The truck driver filed it as a proposed class action on behalf of himself and other truck drivers who drove for C&A Transportation Services, Inc.
C&A Transportation Services, Inc. is a trucking company generally handling the transportation of freight and fresh produce. The company is based in San Diego, California. With approximately 50 trucks, C&A Transportation Services, Inc. is estimated to generate over $1 million in revenues annually.
C&A Transportation Services, Inc. pays its truck drivers a piece rate. Truck drivers are paid by the mile, and not on an hourly or salary basis. This pay method is at the heart of the class action complaint. According to the Complaint, the piece rate method of payment results in multiple violations of the California Labor Code. Specifically, by paying truck drivers only for miles driven, the Plaintiff and other truck drivers perform non-driving work for C&A Transportation Services Inc. that they do not get paid for. This, according to the Complaint, violates California minimum wage laws. Furthermore, because the truck drivers spend most of their day driving, they often are unable to take a full 30-minute, uninterrupted meal period prior to working five hours. Finally, the Complaint alleges, C&A Transportation Services, Inc. fails to provide truck drivers with paid rest breaks. The California Court of Appeals has held that rest period must be separately compensated for when the employee gets paid on a piece rate basis (Bluford v. Safeway Stores, Inc., 216 Cal. App. 4th 864 (2013)).
The Complaint includes multiple causes of action for violations of the California Labor Code based on the facts described above. The Complaint also includes a cause of action for violations of the Business and Professions Code, claiming that those violations also constitute an unfair business practice. In its request for relief, the Complaint is seeking monetary damages to compensate the truck drivers for these alleged violations. The Complaint also seeks a Court Order compelling C&A Transportation Services, Inc. to comply with the law.
For more information about this class action, please feel free to review the complaint here.
If you or anyone you know is a truck driver in California who is paid on a piece rate basis, he or she may be the subject of Labor Code violations. Please do not hesitate to contact Zakay Law Group’s California employment attorney for a free consultation.