Pedro Garcia v. White Cap Management, LLC et al.

I. BACKGROUND

Plaintiff Pedro Garcia was an employee of Defendants White Cap Management, LLC (“White Cap”) as a delivery driver. [Dkt. No. 1-1, Ex. A, Complaint ¶ 14]. White Cap is a construction supply and industrial distribution company that provides concrete accessories and chemicals, various equipment, materials, and safety products to professional contractors. [Dkt. No. 1-2, “James Decl.” ¶ 5]. White Cap and its employees are regulated by the U.S. Department of Transportation (“DOT”) and the Federal Motor Carrier Safety Administration (“FMCSA”), a separate administration within the DOT. [James Decl. ¶ 5]. See 49 C.F.R. § 391.41(a)(1)(i). White Cap’s drivers are responsible for delivering materials to contractors, in commercial vehicles regulated by DOT, consistent with

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GENERAL

the Federal Motor Carriers Safety Regulations (“FMCSR”). [James Decl. ¶ 6]. See generally 49 C.F.R. §§ 300-99. As is its customary business practice, White Cap’s Transportation Compliance Team, utilizing DOT-compliant methods, randomly selects employees for drug and alcohol testing. [James Decl. ¶ 10]. …