Clement Gray v. Marathon Petroleum Logistics Services, LLC

I. Factual and Procedural Background

Plaintiff, who is a member of Teamsters Local 986, was employed by Defendants as a non- exempt Transport Driver at the Vinvale Terminal in South Gate, California from April 28, 2008 to May 7, 2019. On June 15, 2020, Plaintiff filed a putative Class Action Complaint in Los Angeles Superior Court, alleging that Defendants engaged in wage and hour policies and practices that violated the California Labor Code and applicable Industrial Welfare Commission (“IWC”) wage orders. On August 27, 2020, Marathon removed this action to this Court, alleging that certain of Plaintiff’s claims were preempted by Section 301 of the Labor Management Relations Act (“LMRA”). Marathon also alleged that this Court has jurisdiction based on the Class Action Fairness Act (“CAFA”). On September 23, 2020, Plaintiff filed a First Amended Complaint. On November 10, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), alleging causes of action for: (1) failure to provide required meal periods (California Labor Code §§ 226.7, 510, 512, 1194, 1197 and IWC Wage Order No. 1-2001, § 11 and 7-2001, § 11); (2) failure to provide required rest periods (California Labor…