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A settlement has been reached between a class of truck drivers and Con-Way Freight Inc. in the amount of $3.5 million to resolve claims brought forth in a wage and hour class action lawsuit.
The truckers claimed that they were pressured by Con-Way to skip their meal breaks so they could meet tight delivery deadlines that were scheduled for them throughout the day, according to court documents filed in California federal court.
Approximately 1000 truck drivers in California were part of the class in the missed meal breaks lawsuit.
Each driver will receive approximately $1050 to resolve the claims and release Con-Way from the allegations that the company violated wage and hour laws.
Additionally, class counsel will be awarded $1.16 million in attorneys’ fees for their work on the class action lawsuit.
“Class members have an opportunity for an immediate, guaranteed payout now in lieu of the possibility of an uncertain recovery that will take months, if not years, to achieve,” the missed meal breaks class action settlement stated.
The missed meal breaks lawsuit was originally filed in 2009 in state court in Monterey County, however Con-Way moved the lawsuit to federal court in January 2010.
The class action lawsuit alleged that the trucking company maintained companywide policies that required drivers to work long hours, which led to missed meal breaks without additional pay.
These allegations were brought for violation of California’s Labor Code as well as California’s Business and Professions Code under unfair competition.
The settlement that was recently reached marks the culmination of nearly seven years of litigation which included multiple motions to certify the class as well as three mediation sessions, the class action lawsuit settlement reported.
The class of truckers was first approved in 2012 by U.S. District Judge James Ware, which was three months after he initially rejected a similar motion to certify the class, ruling that it was premature.
The judge presiding over the case agreed with the truck drivers that the lawsuit could proceed as a class action, rejecting the arguments by Con-Way that the claims must proceed on an individual basis.
In his motion approving class certification, the judge stated that the case’s final outcome would likely hinge on a then-pending decision reached in California Supreme Court known as the “Brinker Decision.”
This ruling considered whether employers were required to ensure that employees took meal breaks or whether employers must simply provide them.
In the Brinker decision that was decided during the time the Con-Way case was pending, the California Supreme Court ruled that workers must be relieved of any duties during meal breaks, but employers are not required to ensure that workers take those breaks.
The ruling also stated that employees are not required to schedule meal or rest breaks at five-hour intervals.
The Con-Way Missed Meal Breaks Class Action Lawsuit is Jorge R. Quezada et al. v. Con-Way Freight Inc., Case No. 3:10-cv-00100, in the Northern District of California.
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