Class Action Accuses Hertz of Violating California Wage And Hour Laws

Hertz faces a class action lawsuit filed by an employee alleging the systematic violation of California wage and hour laws.

Plaintiff Janice D. recently brought a class action against Hertz Transportation Inc., alleging that the company committed many violations of California wage and hour laws. Janice claims that the transportation company failed to provide her and other transporters with meal periods, rest time, payment for breaks, and accurate wage statements.

Janice says she was hired as a transporter in 2014 and allegedly experienced numerous violations of California wage and hour laws. The class action claims that Hertz required transporters to work with insufficient meal breaks.

Janice claims that she and other workers were often forced to forfeit their breaks in order to complete their work. Janice allegedly was forced to eat fast food on the job or take breaks at vendor locations, all while experiencing a “barrage” of phone calls and other work-related interruptions. She claims that this is in violation of California wage and hour laws which require sufficient uninterrupted breaks.

The company reportedly requires transporters to stay on the premises during their meal breaks, which allegedly contradicts a California Supreme Court precedent which prohibits employers from mandating how employees spend their breaks.

Janice also claims that Hertz’s meal break policies were in violation of California wage and hour laws. The company allegedly did not tell employees that their breaks need to be taken within the first five hours of work. Additionally, transporters who worked less than six hours were not permitted short breaks which are required under California wage and hour laws.

Hertz is also accused of providing inaccurate wage statements and committing wage violations. The class action argues that Hertz automatically deducts 30 minutes from employee time statements to compensate for breaks, even if breaks were not taken. The company also allegedly failed to pay premium wages for days employees did not take breaks and worked instead. These wage practices are allegedly in violation of California wage and hour laws.

Counsel representatives for Janice have applauded her for filing this class action on behalf of herself and her colleagues, stating she “seeks to champion the rights of her fellow employees”.

“This is an important lawsuit brought by a brave current employee to protect workers from a large company who failed to maintain policies that comply with California law,” Janice’s counsel stated to Law360.

Janice argues that a class action is a viable option due to the widespread nature of the alleged violations of California wage and hour laws. Allegedly, 2,800 transporters experienced wage and hour violations similarly to Janice. “Class certification is warranted because there is a well-defined community of interest and proceeding as a class action is a superior procedure,” the class action states.

Janice seeks to represent a Class of current and former Hertz employees who worked for the company since 2013. She also seeks to represent four subclasses of workers who were allegedly denied meal periods, rest time, payment for breaks, and accurate wage statements.

The California Wage and Hour Class Action Lawsuit is Case No. 2:17-cv-08766-GW-JEM in the United States District Court for the Central District of California.

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