$1.1M Settlement for Western Express California Driver Wage Lawsuit
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Western Express agreed to pay $1.1 million to settle a class-action lawsuit filed by allegedly underpaid California drivers. The lawsuit also claimed the company violated labor law by failing to provide rest and meal breaks.
Plaintiffs Requested Preliminary Approval:
The plaintiffs requested a California federal judge grant preliminary approval of the settlement on February 26, 2020. The settlement agreement with Tennessee based Western Express results in about 2,000 California drivers that worked approximately 20,000 weeks receiving a portion of the $1.1 million. The California Western Express truck drivers filed a civil complaint in May 2018 alleging their per-mile rate of pay fell below the state and federal minimum wage rate. Western Express allegedly failed to provide mandated meal and rest periods and also failed to pay for “other time” the drivers spent working.
California Drivers Allege Wage and Hour Violations:
The plaintiffs in the case alleged that Western Express paid their drivers by mileage without consideration for all the required pre-trip and post-trip inspection job duties, waiting time (subject to employer control), and additional time performing work duties outside of drive time. Drivers argue that failing to pay for the job duties outside of drive time is a violation of California labor law. In addition to failing to pay for hours worked outside of drive time, the drivers claim the company failed to pay for 10-minute rest periods, which is a violation of California labor law. Truckers were required to remain under company control without pay, which caused low wages that allegedly fall well below the minimum required by law. Truckers are expected to stay on assignment for over 24 hours at a time. And at times, California truckers were confined to the general vicinity of their vehicle for over 24 hours consecutively.
Western Express Has Faced Similar Allegations in the Past:
This isn’t the first time drivers have sued Western Express to protect their rights as employees. And it’s not the first time Western Express settled with a group of drivers filing a trucker wage lawsuit. Last year the company settled a suit in Tennessee federal court for $4 million after five years of litigation. More than 4,000 drivers joined the 2014 lawsuit making several claims including:
Failure to compensate new drivers for required hours spent in orientation
Failure to pay drivers for travel time during normal business hours
Failure to pay new hires for all hours worked while completing the required over-the-road training program
Failure to pay drivers for all hours worked
Past Western Express Settlement Amount and Distribution:
Each class member in the 2014 Western Express wage and hour suit received a flat $50 payment plus an additional payment amount dependent on weeks worked. On average, drivers received $450 each after fees, costs, and administrative charges were covered. The payment included about 30% of potential damages related to per diem and sleeper berth claims. One-third of the 2014 Western Express settlement amount paid for attorney fees.
The Latest Western Express Settlement Amount and Distribution:
If approved, the latest Western Express driver wage suit settlement of $1.1 million will see about $636,000 distributed to class members. About 30% will cover attorney’s fees. The Labor Workforce and Development Agency will receive $37,500. Expenses related to the administration of the settlement total $30,000. Named plaintiffs will each receive an additional payment of $10,000. The preliminary approval hearing for the settlement is scheduled for March 30, 2020.
If you need to discuss how to file a wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
