Accurate Delivery Systems Facing PAGA-Only Action Alleging California Labor Code Violations
/
A PAGA-Only Action alleges that Accurate Delivery Systems failed to compensate employees for missed meal and rest breaks as required by employment law.
The Case: Willie Marquez v. Accurate Delivery Systems, Inc.
The Court: San Bernardino County Superior Court
The Case No.: CIVSB2125174
The Plaintiff: Willie Marquez v. Accurate Delivery Systems, Inc.
According to the PAGA-Only action filed, Accurate Delivery Systems, Inc. allegedly failed to fully release Marquez, plaintiff, and other similarly situated aggrieved employees for the thirty minute meal breaks required by employment law. Plaintiff also claims that the employer sometimes required employees to work in excess of four hours without being provided ten minute rest periods as required by law. According to the Supreme Court, off-duty rest periods are defined as time during which employees are relieved from their work duties and free from their employer’s control.
The Defendant: Willie Marquez v. Accurate Delivery Systems, Inc.
The defendant in the case is Accurate Delivery Systems, Inc. The case is currently pending in San Bernardino County Superior Court.
The Case: Willie Marquez v. Accurate Delivery Systems, Inc.
Willie Marquez v. Accurate Delivery Systems, Inc. is a PAGE-Only action. An employee can sue under PAGA as the proxy or agent of the state’s labor enforcement agencies. This mechanism was designed to allow the State of California itself to enforce state labor laws through employees. PAGA-Only actions are designed to recover civil penalties, and act as a law enforcement action. Designed to protect the people of California, PAGA-Only actions are not to benefit private parties. The purpose of PAGA actions is not to recover damages or obtain restitution. Rather the PAGA-Only action seeks to create a way to "deputize" citizens as private attorneys general as an additional means of enforcing the Labor Code.
If you have questions about California employment law or if you need to file a PAGA-Only action, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
