Eugene Chavez, individually, and on behalf of other members of the general public similarly situated, and as an aggrieved employee pursuant to the Private Attorneys General Act v. FedEx Freight Inc., an Arkansas corporation, and Does 1 through 10, inclusive
Published: Apr. 19, 2014 | Result Date: Oct. 30, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:12-cv-01496-DSF-FFM Settlement – $1,025,000
Court
USDC Central
Attorneys
Plaintiff
Monica Balderrama
(Initiative Legal Group APC)
G. Arthur Meneses
(Initiative Legal Group APC)
Defendant
Steven A. Groode
(Littler Mendelson PC)
Keith A. Jacoby
(Littler Mendelson PC)
Carlos Jimenez
(Protection Law Group LLP)
Facts
Eugene Chavez filed a representative action against FedEx Freight Inc. pursuant to the Private Attorneys General Act.
Contentions
PLAINTIFF'S CONTENTIONS:
Chavez contended that FedEx failed to pay overtime wages and minimum wages, failed to pay wages upon termination, and failed to comply with wage statements. Chavez also contended that FedEx failed to provide workers with uninterrupted meal and rest periods or premium wages for missed meal and rest periods.
Chavez asserted causes of action for violations of California Labor Code for unpaid overtime, unpaid minimum wages, wages not timely paid upon termination, non-compliant wage statements, violation of PAGA, and violation of California Business & Professions Code.
DEFENDANT'S CONTENTIONS:
FedEx denied Chavez's allegations, and asserted various affirmative defenses.
Result
The parties agreed to a $1.025 million settlement, which included a payment of $5,000 in civil penalties under PAGAAs part of the settlement, the court certified all non-exempt and/or hourly paid pickup and delivery drivers who have been employed by FedEx in California from July 24, 2009 to April 9, 2013. The settlement excluded claims for discrimination and/or wrongful termination, which are being litigated separately.
Other Information
FILING DATE: Aug. 6, 2012.
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