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
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.
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