Karina Basso  |  September 29, 2015

Category: Labor & Employment

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Truck on highwayA California wage and hour class action settlement was reached between California truck drivers and Schneider National Carriers Inc. to resolve allegations that the trucking company was depriving employees of meal and rest breaks.

According to reports, 6,000 California truck drivers employed by Schneider filed this California wage and hour class action alleging the trucking company violated California labor laws and federal labor codes when it failed to provide its employees with meal and rest breaks.

This class action settlement is for former and current California-based truck drivers employed by Schneider as intermodal, dedicated or regional truck drivers beginning in November 2004 to the present.

The plaintiffs filed this California wage and hour class action lawsuit in 2008 and have recently asked the court to approve a proposed settlement that will hopefully end this litigation and bring relief to the truckers affected by this class action lawsuit.

The proposed California employee rights class action settlement requires Schneider to pay $20.5 million to establish a settlement fund for the affected Class of California dedicated and intermodal truck drivers, as well as $7.56 million to compensate the regional driver subclass represented in this class action lawsuit.

The motion for preliminary approval of the Schneider California wage and hour class action settlement states: “This settlement represents a substantial recovery for the class, and a well-crafted compromise of the divergent positions of the parties,  . . . [and] clearly meets, and exceeds, the standards for preliminary approval.” A hearing for final approval of this California employee law class action settlement has been scheduled for late September of this year.

The California Truck Drivers Wage and Hour Class Action Lawsuit is Morris Bickley et al. v. Schneider National Carriers Inc., Case No. 4:08-cv-05806, in the U.S. District Court for the Northern District of California.

California Labor Laws on Rest Periods and Meal Breaks

In addition to federal labor laws, which set the minimum requirement for employee rights and protection in the United States, individual state’s labor codes implement extra measures in ensuring employees’ rights to proper working conditions and fair compensation for work performed.

According to the California labor code, nonexempt employees are entitled to a 30-minute meal break if they are working more than a five hour shift. California labor laws also mandate that employees be given a 10-minute rest period for every four hours worked, and if they work over 10-hours in a day, an employer must provide a second 30-minute lunch break for their workers.

Furthermore, California labor laws also specifies that an employee’s meal break be “off duty,” meaning that during a lunch break, an employer must:

  • Relieve employee of all duty
  • Relinquish control over the employee’s activities
  • Permit them a reasonable opportunity to take an uninterrupted 30-minute break
  • Does not impede or discourage the employee from doing so

Should an employer not provide a meal break to an employee, the state’s labor laws provide legal relief and recourse for employees, allowing employees to recover one additional hour of pay for each meal period missed up to three years prior to the filing of an unpaid wages class action lawsuit.

Additionally, if a worker is denied a rest period, their employer owes them one-hour of pay that must be included in the employee’s next paycheck.

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