This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Periods

Arnold Garcia, on behalf of himself, all others similarly situated, and on behalf of the general public v. McCollister's Transportation Systems Inc., McCollister's Global Services Inc., McCollister's Auto Transport LLC, and Does 1-100

Published: Aug. 25, 2023 | Result Date: Apr. 11, 2023 | Filing Date: Sep. 10, 2021 |

Case number: RG21112345 Settlement –  $400,000

Judge

Brad S. Seligman

Court

Alameda County Superior Court


Attorneys

Plaintiff

David T. Mara
(Mara Law Firm PC)

Matthew E. Crawford
(Mara Law Firm PC)

Randolph Hunter Pyle
(Hunter Pyle Law)

John J. Darin
(Hunter Pyle Law)


Defendant

Lonnie D. Giamela
(Fisher & Phillips LLP)

Victoria H. Shin
(Fisher & Phillips LLP)


Facts

Arnold Garcia, on behalf of himself, all others similarly situated, and on behalf of the general public, brought a class action against McCollister's Transportation Systems Inc., McCollister's Global Services Inc., and McCollister's Auto Transport LLC, alleging various Labor Code violations. The class included all persons who contracted with defendants as an owner/operator to haul freight, who worked a majority of their time under the contract in California and/or their base of operations in California, whom defendants classified as independent contractors, and who drove in California from September 10, 2017, through January 7, 2023.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to: pay all straight time wages, provide meal periods, authorize and permit rest periods, provide itemized wage statements, pay all wages at the time of termination of employment, and reimburse business expenses for its non-exempt California employees during the relevant time period. Further, plaintiff alleged that defendant willfully misclassified its employees as independent contractors.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay $400,000 to settle all claims.


#141319

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390