This class action lawsuit alleges ongoing wrongful conduct by Defendant FedEx Freight, Inc. (“Defendant”), by its unlawful (1) failure to provide rest and meal breaks and pay compensation for missed rest and meal breaks, as required by California Labor Code sections 201-204, 226.7, 512, and sections 11 and 12 of the applicable Industrial Welfare Commission (“IWC”) Wage Order; (2) failure to reimburse Plaintiffs, and those similarly situated, for expenses incurred to do their job, in violation of California Labor Code section 2802; (3) failure to maintain accurate payroll records showing hours worked daily and all wages earned in violation of California Labor Code section 1174; (4) failure to provide accurate itemized wage statements to Plaintiffs and proposed class members containing information as required by California Labor Code section 226; (5) retaliation and discrimination against Plaintiffs, and those similarly situated, for having designated a third party to represent Plaintiffs, and each of them, in negotiating the terms and conditions of their employment with Defendant, in violation of California Labor Code section 923; and, (8) failure to timely pay Plaintiffs and proposed class members all wages when due, including at termination, in violation of California Labor Code sections 201-204. Said conduct, in addition, constitutes violations of California Labor Code sections 558 and 1198. The described conduct renders Defendant liable for civil penalties as set forth in California Labor Code sections 203, 210, 226(e), 226(f), 226.3, 558, and 1174.5. These failures further constitute unfair business practices, in violation of California Business and Professions Code section 17200, et. seq.
The parties are currently awaiting a ruling by the Court on Defendant's motion for partial judgment on the pleadings.