Shook

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

Plaintiffs, truck drivers employed by Indian River Transport Co. (“IRT”), brought this action on behalf of themselves and similarly aggrieved employees against IRT for its failure to compensate employees for performing certain work. Presently before the court is IRT’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. (Docket No. 11.)

I. Factual and Procedural Background

IRT is a food-grade tank carrier providing transportation services throughout the United States with offices in Turlock, California. (Compl. ¶ 8.) Plaintiffs and prospective class members are past and current truck drivers employed by IRT within the state of California. (Id. ¶¶ 7, 15.) Their job responsibilities include making deliveries to businesses located throughout California, (id. ¶ 7), for which IRT compensates them based on a flat per diem rate, (id. ¶ 63).

Plaintiffs allege that during their employment they were subject to several violations of California labor laws committed by IRT. Plaintiffs bring the following claims against IRT under California law: (1) unlawful failure to…