Truck drivers in California filed an employment class action against their employer earlier this year. The plaintiff filed the complaint in the California Superior Court for the County of San Bernardino. The complaint was filed on September 20, 2019, and later amended in November 2019.
The plaintiff was a truck driver who worked for Mack Trucking, Inc. in California between November 2018 and April 2019. Mack Trucking, Inc. and Mack Trucking, LP are the defendants. The complaint is a proposed wage and hour class action, and the plaintiff is seeking to represent himself, as well as a class of truck drivers who worked for Mack Trucking since September of 2015.
The truck drivers are claiming that their employer violated numerous California employment laws. Mainly, the employment action alleges that Mack Trucking classified the plaintiff and other truck drivers as independent contractors, when in reality, they are, and should have been treated as, employees.
According to the complaint, because the defendant classified the truck drivers as independent contractors, it violated a variety of employment laws in California. Specifically, the class action includes causes of action for (a) failure to pay minimum wages, (b) failure to provide meal breaks, (c) failure to provide rest breaks, (d) failure to provide accurate pay statements, (e) failure to reimburse the truck drivers for business expenses, and (f) failure to pay wages in a timely manner to terminated employees. The lawsuit also claims that this conduct constituted an unfair business practice in violation of the California Business and Professions Code. Finally, the complaint includes a claim for violations of the Private Attorneys’ General Act (PAGA), seeking monetary penalties for the labor code violations on behalf of the State of California.
The employment class action is seeking damages on behalf of the plaintiff and other truck drivers who drove for Mack Trucking in California. Among other things, the lawsuit is seeking monetary damages for the unpaid minimum wages and missed meal breaks and rest breaks. It also seeks monetary penalties for the inaccurate and incomplete wage statements provided to the truck drivers, as well as for Mack Trucking’s failure to pay terminated drivers in a timely manner. The lawsuit also seeks reimbursement for the expenses incurred by the truck drivers in performing their work. Finally, the complaint asks the court for an order compelling Mack Trucking to comply with California labor laws moving forward.
If you know any truck drivers who are classified as independent contractors in California, please do not hesitate to contact our law offices for a free consultation with our employment attorney.