Mitchell Freem v. Federal Express Corporation
Opinion
Trial Court Opinion
I. Background
A. Factual Background Freem worked for Defendant Federal Express Corporation (“Defendant” or “FedEx”) for eighteen years as a vehicle technician before his termination on May 24, 2018. See Complaint (“Compl.”) (Dkt. 1) ¶ 9; Deposition of Mitchel Freem (“Freem Dep.”) (Dkt. 1) at 135:20-25. Freem typically worked from 5:00 p.m. to 1:30 a.m., but frequently worked more hours because of the high inspection and repair demands of FedEx vehicles. See Compl. ¶ 9. Freem alleges that he worked more than eight hours in any given day and more than forty hours in any given week, did not receive ten-minute rest periods for every 3.5 hours of work, and did not receive meal periods in any given
CIVIL MINUTES – GENERAL
Case No. SA CV 20-00800-DOC-ADS Date : June 18, 2020
Page
five-hour work week. Id. Freem further claims that FedEx instructed him to adjust his timecard so as to not incur overtime hours. Id. ¶ 10.
B. Procedural Background On January 23, 2019, Plaintiff filed a class action complaint in Orange County Superior Court alleging the following:
(1) failure to pay wages under the Fair Labor Standards Act (“FLSA”) (29 U.S.C. §§ 206,…