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Employment Law
Fair Labor Standards Act
Denial of Overtime Compensation

Thomas E. Perez, Secretary of Labor, United States Department of Labor v. Shippers Transport Express Inc.

Published: Jan. 31, 2015 | Result Date: Nov. 17, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-04255-BRO-PLA Settlement –  Injunction

Court

USDC Central


Attorneys

Plaintiff

Natalie A. Nardecchia

Janet M. Herold
(U.S. Dept. of Labor)

Susan Seletsky
(U.S. Dept. of Labor)

Jeremiah E. Miller

Grace A. Kim


Defendant

Stacey M. Cooper
(Stacey Cooper Law PC)

Vanessa R. Negrete

Lisa Ann Cahill

James J. McMullen Jr.
(Gordon & Rees LLP)


Facts

Labor Secretary Hilda Solis filed a lawsuit against Shippers Transport Express Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant was a trucking and freight transportation company that employed drivers to transport containers. Plaintiff further alleged that defendant required its drivers at its Oakland facility to enter into contracts that misclassified them as independent contractors. Plaintiff further alleged that defendant failed to pay many of its drivers minimum wage.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations of plaintiff's claims and asserted various affirmative defenses.

Result

The parties settled the case and the court entered a consent judgment and order. Pursuant to the consent judgment, defendant was ordered to reclassify drivers at defendant's California facilities as employees. Defendant was also enjoined from paying its employees less than the applicable minimum wage rate. Defendant was also ordered to pay a total of $188,587 to the U.S. Dept. of Labor, which consisted of unpaid minimum wage compensation and certain reimbursements, as well as liquidated damages.

Other Information

FILING DATE: June 13, 2013.


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