Class Action, Labor & Employment Law ------------------------------------------------ Named plaintiffs initiated a class action lawsuit against AB Trucking, claiming that AB did not pay its drivers for all hours worked, misclassified some drivers as non-employee trainees and did not pay them at all, and failed to provide required meal and rest breaks. The trial court certified a class of drivers who performed work for AB out of its Oakland, facility. Plaintiffs prevailed on most of their claims and the court awarded the class a total of $964,557.08. In a post-judgment order, the court awarded attorney fees, litigation expenses, and class representative enhancements to plaintiffs. The court of appeal affirmed, rejecting arguments that federal law preempts application of California’s meal and rest break requirements to motor carriers; that the order granting class certification was not supported by substantial evidence; that the court should have reserved individual determinations of damages for the claims administration process; that AB’s drivers are expressly excluded from coverage under Industrial Welfare Commission (IWC) Order No. 9-2001; and that the award of attorney fees and representative enhancements must be reversed. law.justia/cases/california/court-of-appeal/2014/a139274.html
Posted on: Fri, 31 Oct 2014 17:50:11 +0000