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Employment Law
Labor Code Violation
Wage and Hour

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)

Mireya A.R. Llaurado


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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