A concrete company, Capital Ready Mix, Inc., faces allegations of employment law violations in a class action lawsuit.

The Case: Delgado v. Capital Ready Mix, Inc.

The Court: Sacramento County Superior Court

The Case No.: 34-2022-00325517

The Plaintiff: Delgado v. Capital Ready Mix, Inc.

Margarita Delgado, the plaintiff in the case, was employed by Capital Ready Mix, Inc. in California since August 2020. Classified as a non-exempt employee and paid hourly, Delgado was legally entitled to the required meal and rest periods and payment of minimum and overtime wages due for all time worked. Delgado filed a class action lawsuit alleging the company violated the California Labor Code.

The Defendant: Delgado v. Capital Ready Mix, Inc.

The defendant in the case, Capital Ready Mix, Inc., is a California corporation that conducted and continues to conduct substantial business in California, providing ready-mix concrete.

Details of the Case: Delgado v. Capital Ready Mix, Inc.

According to the class action lawsuit, Capital Ready Mix, Inc. allegedly failed to fully relieve Delgado for her legally required thirty (30) minute meal breaks. According to the plaintiff's claims, employees were also allegedly sometimes required to work more than four (4) hours without being provided the legally required ten (10) minute rest periods. According to the California Supreme Court, off-duty rest periods are when employees are relieved from "all work-related duties and free from employer control." According to allegations included in the class action, Capital Ready Mix, Inc. also allegedly failed to pay their employees accurate sick pay wages, violating California Labor Code Section 246. Employees routinely earned non-discretionary incentive wages, increasing their regular pay rate. However, when those employees were paid their sick pay wages, the company allegedly used the base pay rate instead of the higher regular pay rate (including the non-discretionary incentive pay).

If you have questions about how to file a California employment law complaint, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.