Facts

Marc Rivera worked for Western Express. On May 15, 2018, he filed a complaint against Western Express in San Bernardino Superior. The complaint was brought on behalf of himself and a putative class of then current and former non-exempt drivers whose duties for Western Express included, among others, driving commercial motor vehicles and performing related services who were paid piece rate or rate-per-mile basis for compensation from October 26, 2016 to October 31, 2020.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's pay practices violated certain California wage and hour provisions including, but not limited to, denying compensation for meal and rest periods; any theory of piece-rate law; unpaid minimum wage; waiting time penalties; itemized wage statements; wages for unpaid time; and any other civil or statutory penalties related to such claims including under the Private Attorneys General Act.

DEFENDANT’S CONTENTIONS: Defendants denied all contentions.

Settlement Discussions

The parties attended mediation with Honorable Jeffrey King in September 2019 and came to a global settlement amount of $1.1 million. The settlement amount was increased thereafter which was based on further information obtained from defendant's payroll data.

Result

The case settled for a gross settlement amount of $1,510,040.12.