Juan Razo v. Cemex Construction Materials Pacific, LLC

I. BACKGROUND

Plaintiff commenced this action against Defendants Cemex Construction Materials Pacific, LLC, Cemex Construction Materials South, LLC, Cemex Trucking, Inc., Cemex, Inc. (collectively, “Cemex”), on October 7, 2020, on behalf of himself and other similarly situated Cemex employees. (Complaint (Docket No. 1-1)). Defendant removed this action on December 9, 2020, invoking this Court’s federal question jurisdiction. (See Notice of Removal (“NoR”) at 1 (Docket No. 1)). Cemex produces, distributes, and sells building materials, including ready-mix concrete. (NoR, Ex. 11, Declaration of Oscar Frias Cantu (“Cantu Decl.”) ¶ 2 (Docket No. 1-11)). Cemex employs ready-mix drivers in California. (Id.). Plaintiff Juan Razo worked as a ready-mix driver for Cemex. (Id.). The Complaint contains the following allegations: Plaintiff and other aggrieved employees are current, former, and/or future employees of Cemex who worked, work, or will work for Cemex as hourly non- exempt employees in California. (Complaint ¶ 3). Defendants enacted policies requiring Plaintiff and other employees to use their personal cell phones or home internet the night before their scheduled shifts…