Henry Avocado Corporation is currently facing a wage and hour class action lawsuit, for allegedly violating California overtime law. The wage and hour class action lawsuit is being filed by a former driver, claiming the company violated California overtime law and deprived him and other employees compensation of all hours worked.
Lead plaintiff David L. alleges Henry Avocado Corporation violated California overtime law throughout the entirety of his employment, which was from 1995 to July 2017. During this time, he worked as a driver making constant deliveries between locations and would typically work overtime hours.
According to the wage and hour class action lawsuit, David regularly worked long hours six days per week, with shifts from 3:30 pm to 6:30 pm and 8:00 pm to 4:00 am. In addition, he says he also worked on Sundays for 15 hour shifts, but was allegedly not paid at the overtime rate.
Overview of California Overtime Law
Under California overtime law, companies must pay non exempt employees 1.5 times the normal hourly rate for extra hours if the employee works over 40 hours a week or over eight hours in a single work day. In addition to the California overtime law, employers must also provide 30 minute meal breaks every five hours and 10 minute rest periods every four hours.
During meal breaks, employees must have the option of leaving the jobsite and are free to choose their recreational activities. If employees have to work during their breaks, which is often the case with delivery drivers, then they are still considered “on duty.”
In these cases, the meal break and rest period is considered missed and must be recorded as such on the employee’s time card. Employers must compensate one hour of extra pay for every missing meal break or rest period, along with any other work related expenses such as gas or auto maintenance in the case of delivery drivers.
It is important to note these employment provisions specifically apply to non exempt employees, who are paid an hourly rate and are under the complete authority of their respective company during work hours. This means their conduct is heavily monitored and they must adhere to the strict schedule the company provides them during shifts.
In addition, non exempt employees do not have any administrative authority or the ability to hire or fire other employees. However, non exempt employment comes with a number of guarantees under California labor law, including compensation for work-related expenses like gas or auto maintenance for delivery drivers.
California is one of the most progressive states in minimum wage laws, providing guidelines and protections to different employment types. With the minimum wage rate at $10.50 per hour, non exempt employees can expect more compensation if they work overtime on a regular basis.
While operating in the state, companies must adhere to California overtime law or face potential legal repercussions. However, David and other class members allege they were denied overtime, and have not received compensation.
This Wage and Hour Class Action Lawsuit is Case No. 5:17-cv-07015-BLF, in the U.S. District Court of Northern California.
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