Shook

Shook v. Indian River Transport Co.

Good Law
236 F. Supp. 3d 1165·2017 WL 633895·2017 U.S. Dist. LEXIS 21522
United States District Court, Eastern District of CaliforniaFebruary 15, 2017CIV. NO. 1:14-1415 WBS BAMCalifornia5,409 words

Opinion

Lead Opinion

Shubb, J.

MEMORANDUM OF DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiffs, truck drivers formerly employed by Indian River Transport Co. (“Indian River”), brought this action on behalf of themselves and similarly aggrieved employees against Indian River alleging various violations of California law, including 1) Labor Code § 226.7 (failure to provide mandated rest breaks); 2) Labor Code § 226(a) (failure to provide accurate itemized wage statements); 3) Labor Code §§ 2699, et seq. (California Private Attorneys General Act (“PAGA”)) (failure to separately compensate for rest breaks and unpaid wages); 4) Business <& Professions Code § 17200 (California Unfair Competition Law); 5) Labor Code §§ 201 and 203 (failure to compensate employees for non-driving work before and after employees’ shifts and failure to timely pay compensation and wages to former employees); and 6) Labor Code § 226.2 (failure to provide accurate itemized wage statements and separately compensate for rest and recovery periods and other nonproductive time). The gravamen of their claims is that Indian River violated the California Labor Code by not providing its drivers with rest breaks, not compensating them for…

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