A California delivery driver assistant recently filed a lawsuit against several prominent companies over California Labor Code violations, alleging he was not given proper wages, overtime, and break periods, among other problems.
The plaintiff, Alfredo B., cites in his lawsuit a number of companies for California Labor Code violations, including On Delivery Services, Amazon, IKEA, Mattress Firm, and several others.
Alfredo worked as a driver’s helper for the defendants named in the lawsuit. This meant that he would assist the driver by loading the vehicle, making deliveries, and the like, but did not actually drive the vehicles. He says he was paid by shift, not by the hour, and was paid less than minimum wage as a result—even though he often worked more than 12 hours a day, the lawsuit notes.
According to the lawsuit, Alfredo was improperly classified as an exempt employee, and he should actually have been considered non-exempt based on the duties he was tasked with. However, he alleges he was subjected to a number of California Labor Code violations, including failure to pay overtime and minimum wage, as well as failure to provide meal and rest breaks. On top of this, he alleges that his employers did not keep accurate records of his work time.
Alfredo filed his lawsuit over these alleged California Labor Codes violations on March 28, 2018 in the U.S. District Court for the Northern District of California. The lawsuit was filed on multiple counts, including failure to pay straight wages, failure to pay overtime wages, failure to provide meal periods, and several others.
Wage and Hour Regulations
There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. However, many workers across the country do not know about the protections that the Fair Labor Standards Act (FLSA) and state wage and hour laws offer, which can lead to employers taking advantage of them. In some cases, employers may be requiring unpaid overtime work or even failing to pay minimum wage at all.
Some workers may find themselves unable to file wage and hour complaints like this unpaid overtime lawsuit because they are not aware of FLSA and state rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of FLSA violations. To protect workers who help to enforce FLSA rules, laws also exist to protect workers from discrimination based on wage and hour complaints.
Pursuing a Wage and Hour Lawsuit
If you have worked for an employer that may have committed California Labor Code violations, or otherwise failed to follow the Fair Labor Standards Act such as minimum wage or overtime requirements, you may be able to either join a wage and hour class action lawsuit or file an unpaid overtime lawsuit of your own.
The California Labor Code Violations Lawsuit is Case No. 3:18-cv-01913-MEJ, in the U.S. District Court for the Northern District of California.
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If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.
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