A California truck driver is suing Conner Logistics for not meeting requirements under his status as a non-exempt employee, including minimum wages, overtime wages, accurate wage statements and meal and rest periods required by California law. The complaint has become a class action lawsuit.
According to the complaint, from May 2014 to September 2014 Ubaldo Figueroa drove intrastate for Conner while not using any independent discretion, judgment or management decisions. He was classified as a non-exempt employee upon hire. Figueroa claims that he was paid by piece-rate. The complaint accuses Conner of failing to pay Figueroa a minimum wage for compensable time.
Figueroa also claims that Conner did not pay federal overtime wages for time worked after 40 hours in a given week. Conner also did not pay Figueroa for rest and meal breaks.
The lawsuit asserts that Conner did not correctly record all time worked, including time spent during pre- and post-trip inspections and time spent waiting on loads. When those unrecorded times were applied, the driver pay was below minimum wage. At times, such lost compensable time would put drivers past 40 hours in a workweek, thereby making them eligible for federal overtime pay.
According to California law, “hours worked” is defined as “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”
In addition to violating wage laws, the complaint also alleges that Conner violated California unfair competition laws by underpaying its employees.
The complaint is seeking no more than $75,000 for Figueroa and less than $5 million collectively for those filing under the class action status.
According to court documents, Conner has working partnerships with Airborne Express, DHL Express, OnTrac, FedEx Critical Inventory Logistics and several other companies.
Copyright © OOIDA