William Peck, individually and on behalf of all others similarly situated v. Kenneth O. Lester Company Inc. dba PFG Customized Distribution and Performance Food Group, and Does 1 through 100
Published: May 26, 2012 | Result Date: Mar. 21, 2012 | Filing Date: Jan. 1, 1900 |Case number: S-1500-CV-273336 Bench Decision – Defense
Court
Kern Superior
Attorneys
Plaintiff
Craig J. Ackermann
(Ackermann & Tilajef PC)
Michael Malk
(Malk Law Firm)
Defendant
Michael D. Mandel
(McGuire Woods LLP)
Sylvia J. Kim
(Baker & Hostetler LLP)
Matthew C. Kane
(Baker & Hostetler LLP)
Sabrina A. Beldner
(McGuire Woods LLP)
Facts
William Peck filed suit against Kenneth O. Lester Co., Inc., dba PFG Customized Distribution, alleging wage-and-hour claims, including failure to provide proper meal and rest breaks.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff argued that defendant lacked sufficient grounds for the preemption argument, claiming that there was a presumption against federal preemption as to state wage and hour laws designed to protect workers, including those related to meal and rest breaks.
DEFENDANT'S CONTENTIONS:
Defendant argued the Federal Aviation Administration Authorization Act preempted plaintiff's claims.
Result
The court granted defendant's motion for judgment on the pleadings, and dismissed the complaint with prejudice.
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