The complaint for this class action alleges that Ceva Logistics US, Inc. and Randstad Inhouse Services, LLC did not follow California laws in their payment and treatment of hourly employees. The complaint brings suit under the California Labor Code (LC), California’s Business and Professions Code (B&PC), and Wage Orders issued by the California Industrial Welfare Commission (IWC).
The complaint alleges that the two companies violated labor laws in a number of ways:
Rest breaks: The law on rest breaks requires that employees be given a rest break of ten minutes for each four hours of work. The companies allegedly did not allow employees the rest breaks required and did not pay them for missed breaks. Also, company rules forbid employees from leaving the premises during rest breaks, which is not lawful.
Meal breaks: The companies allegedly did not allow workers to take second meal breaks and did not pay them for missed second meal breaks. Second meal breaks are required by law when workers are required to work over ten hours on a shift.
Seventh day overtime: The companies sometimes required employees to work a seventh day in a week but allegedly did not pay them for that seventh day at the required overtime rate. The seventh day rate is time-and-a-half for the first eight hours and double time thereafter.
Wage statements: The companies allegedly did not provide its employees with accurate, itemized wage statements showing all information required by law, such as all hourly rates applicable to the pay period and the number of hours worked at each rate.
LC 203: The companies allegedly did not comply with Labor Code § 203. This section requires that, if an employer willfully does not pay wages of an employee who quits or is terminated in accordance with §§ 201 and 202, the employee’s wages shall continue at the same rate for up to thirty days after the payment is due.
LC 2600: The companies are allegedly subject to Labor Code §2699, which requires a penalty to be collected by the Labor and Workforce Development Agency when employees are not permitted one rest day out of seven, and which allows employees to recover those penalties for themselves.
B&PC 17200: The companies allegedly violated laws on unfair competition by not paying employees at the required rates.
Six classes have been defined for this action. The first is the Rest Period Class, which includes all California citizens employed by Ceva or Randstad as hourly employees, during the appropriate time period, who were subjected to those companies’ practices regarding paid rest periods. The other five classes are similar and include a Meal Period Class, a Seventh Day Overtime Class, a Wage Statement Class, an LC 203 Class, and a B&PC 17200 Class.