By Amanda Antell  |  November 21, 2017

Category: Labor & Employment

Praxair tanker truck drivers truckers highwayPraxair Inc. has been allegedly denying employees proper lunch breaks and rest periods, even though the company is required to provide or compensate for these by federal and California labor laws.

Praxair Inc. is currently the subject of an investigation into whether the company failed to compensate employees for lunch breaks and rest periods when they are missed.

More specifically, it has been alleged that Praxair company policy prevents employees from taking lunch breaks or rest periods on the job due to how dangerous the contents of delivery can be.

Praxair Inc. is a delivery company that transports different chemicals and industrial gasses to businesses across the country. Because these deliveries sometimes involve dangerous or hazards materials, Praxair truck drivers are expected to stay with their vehicles during the entire duration of their shifts, preventing them from going off site for meals or rest periods.

It is important to note that it is company policy for the truck drivers to remain with their vehicles to prevent exposure to potentially dangerous chemicals. Even though Praxair Inc. states that safety of their employees is top priority, truck drivers allege the company knowingly denies them meal breaks and rest periods.

Under California law, Praxair drivers may be entitled to an extra hour of pay at their base rate, for every missed employees lunch break and rest period. California employees of Praxair Inc. who allegedly were subjected to missing employees lunch breaks or rest period, may be able to file legal action against the trucking company.

Overview of California Labor Laws

Praxair Inc. and other companies operating in the state of California must adhere to the state’s meal and rest break laws. On top of meeting the standards of the Federal Labor Standards Act (FLSA), Praxair Inc. must follow California labor laws when classifying and paying their employees.

California is one of the most progressive states in employee protection laws, offering a high minimum wage rate of $10.50 per hour and having multiple regulations in place to insure proper compensation for multiple types of employees.

Federal minimum wage requires companies to pay employees one and a half times their regular hourly rate once the employees work over 40 hours a week. California law extends the overtime wage requirement to any hours worked beyond eight in a single day. In addition, a 30 minute meal break must be given for every five hours worked and a 10 minute rest period for every four hours works.

While minimum wage protection does not apply to employees properly classified as exempt, it is important that companies adhere to minimum wage policy to non-exempt employees.

It is important to note that under California labor laws, if an employee is forced to work during meal breaks or rest periods, those hours are considered hours worked and are subject to compensation. The employee must also be compensated if there is not a meal break or rest period offered at all.

This law may benefit Praxair truck drivers, who allegedly miss employees lunch break periods or rest time. Even though Praxair truck drivers must stay in their vehicles for safety, the company must pay them for being forced to miss their employees lunch break and rest period.

Join a Free Praxair Driver Class Action Lawsuit Investigation

If you work or have worked as a truck driver for Praxair and you were denied meal and/or rest breaks during your shifts, you may qualify to file a Praxair wage and hour lawsuit or class action lawsuit.

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