On Jan. 4, a California Superior Court judge certified a class action brought by drivers who claimed they had been denied meal and rest breaks in violation of California law.
The suit, brought by approximately 345 White Cap Industries delivery drivers, alleges that the company’s timekeeping system violates wage-and-hour laws by automatically deducting 30 minutes a day from any driver who does not punch out for lunch.
White Cap argues that the drivers are responsible for reporting any such inaccuracies by filing punch adjustment requests. The drivers counter that they did not know about the lunch breaks or the adjustments, which they claim does not mention.
The drivers also argue that supervisors exerted pressure on workers to complete deliveries and that they were sometimes required to remain on-call during rest and other break periods. The drivers allege that White Cap provided a clear written policy on meal and rest breaks only after they filed suit.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Make sure return-to-work requirements are reasonable
- Insubordination or legitimate gripe? It's important to know the difference
- Hire education: A step-by-step guide to legally safe hiring practices
- 2nd Circuit says interns don't necessarily have to be paid