If you are not being provided an adequate opportunity to pull off the road and take an off-duty, thirty (30) minute meal period prior to your fifth (5th) hour of work, then your employer owes you a penalty of one hour of your regular pay.
San Francisco, California (PRWEB) July 29, 2014
On July 28, 2014, a ruling from the California Supreme Court opened the door for truck drivers working in California to make a claim for missed meal breaks under California law. The class action lawsuit alleged that the employer misclassified their truck drivers as independent contractors and among other things did not provide proper meal periods to the truck drivers. The Supreme Court ruled that the State’s unfair competition action is not related to a price, route, or service of a motor carrier with respect to the transportation of property, and therefore, the action is not preempted by the Federal Aviation Administration Authorization Act ("FAAAA") and as a result truck drivers can allege meal break violations and other labor code claims. The case entitled, The People ex rel. Kamala Harris v. PAC Anchor Transportation, Inc., Case No. S194388, can be read here.
The California Labor Code requires employers to provide non-exempt employees with a thirty (30) minute, uninterrupted, off-duty meal break prior to their fifth (5th) hour of work. The employer also must provide a ten (10) minute rest period for every 4 hours of work. If you are a truck driver, then your employer must schedule your meal periods into your daily calendar in accordance with the law outlined above. If you are not being provided an adequate opportunity to pull off the road and take an off-duty, thirty (30) minute meal period prior to your fifth (5th) hour of work, then your employer owes you a penalty of one hour of your regular pay. If you would like to know how to collect your unpaid meal break penalties, click here.
The San Francisco employment law lawyers at Blumenthal Nordrehaug & Bhowmik have litigated multiple class action lawsuits involving companies forcing their truck drivers to work without the proper meal and rest breaks. One pending case brought by the firm alleging meal break violations on behalf of truck drivers is, Dedrick, et al. v. Hollandia Dairy, Inc., Case No. 37-2014-00004311-CU-OE-CTL, to view a copy of the Hollandia Dairy Complaint click here.
The California labor law lawyers at Blumenthal Nordrehaug & Bhowmik are now ready to represent other truck drivers who have been forced to work without being afforded the proper meal and rest periods. If you are a current or former truck driver and have worked in California and would like to know more about your rights, call (866) 771-7099 to find out if you are eligible to make a claim for missed meal and rest periods.
Blumenthal Nordrehaug & Bhowmik represent many California employees in lawsuits involving wage and hour violations against their employer.