Facts

Plaintiffs Larry Ambriz, Salvador Carrillo, Marco A. Chavez, Randall Courtney, Daniel Maldonado, Mark A. Rodriguez Sr., Alejandro Vega, Douglas Vivero, Herschel Survine III, Edwin Puquirre, Manuel Arias, and David Newfield and all other aggrieved employees filed a wage and hour class action against Matheson Tri-Gas Inc. Plaintiffs were truck drivers for defendant who alleged the company failed to pay them for all hours worked.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed failure to provide proper meal and rest periods, overtime and minimum wage owed in relation to meal and rest periods, failure to provide accurate wage statements, failure to provide all compensation due and owing at termination, and violation of California Business and Professions Code Section 17200.

DEFENDANT'S CONTENTIONS:
Defendant denied all liability and contended that the Class Members were correctly paid and provided with all compensation and penalties due to them. Defendant denied that it owed Class Members any wages, restitution, penalties, or other damages. Further, defendant claimed that the state wage claims were preempted under the Federal Aviation Administration Authorization Act of 1994.

Result

The parties reached a $1.3 million settlement, which includes an award of $600-$1,000 to each named plaintiff, $384,681 in attorney fees, and $6,170 in costs.

Other Information

Final approval of the settlement was granted on March 3, 2016. The case was resolved while the Ninth Circuit Court of Appeals was considering the issue of federal preemption as it relates to Wage claims from California truck drivers. FILING DATE: March 5, 2014.