HR Management & Compliance

A Class Certification Speed Bump for California Truckers

By Michael Futterman and Jaime Touchstone

A truck driver sued his employers alleging wage and hour violations. The trial court refused to certify the lawsuit as a class action but failed to provide a reason for its decision. The California Court of Appeal sent the case back to the trial court because it could not discern the basis for the trial court’s ruling.

Miguel Tellez drives trucks for Rich Voss Trucking. In June 2012, Tellez filed a wage and hour class action lawsuit on behalf of nonexempt current and former truckers against joint employers Rich Voss Trucking, Inc., Stevens Creek Quarry, Inc., and Richard A. Voss for violations of California’s Labor Code, including:

• Failure to provide meal or rest periods;
• Failure to pay overtime, minimum wage, and final wages;
• Failure to maintain records or to provide accurate and itemized wage statements; and
• Failure to reimburse employees for work expenses.

Tellez also asserted claims under California’s Business and Professions Code and the Private Attorney General Act (PAGA).

Read full details of what happened in the case.

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