Case details

Sanitation truck drivers claimed city controlled meal breaks

SUMMARY

$26000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
Between July 1, 2004, and June 30, 2013, plaintiffs Jose Gravina, Richard Jernagin and approximately 1200 other sanitation truck drivers for the city of Los Angeles were allegedly denied proper “off duty” meal breaks due to the extent of employer control during meal time. A class of approximately 1200 sanitation truck drivers between July 1, 2004, and June 30, 2013, brought a class action lawsuit against the city of Los Angeles. The class alleged that the city’s failure to provide state-mandated meal breaks constituted a violation of Labor Code §§ 512 and 226.7. Gravina initially sued in 2006, but the city moved for judgment on the pleadings, arguing that it is exempt from the state’s required meal-break provisions. In 2007, the trial court rejected the argument and a state appellate court rejected the city’s petition for writ of relief from the ruling. In March 2011, a state judge certified the class of city drivers and in December 2011, a trial judge found in favor of the plaintiffs that the restrictions rendered the breaks on-duty. The city and the class agreed to sever one plaintiff, Richard Jernagin, from the class and try his case in order to enable entry of a final judgment that could be appealed. The class’ counsel contended that the city did not adequately allow sanitation truck drivers to take 30-minute breaks for every five hours they worked, as mandated by state law. Counsel also contended that drivers could take their breaks, but their activity was highly restricted due to bureau regulations and that drivers were barred from congregating with each other during breaks, napping or traveling off their routes. In addition, counsel contended that the city failed to pay many of the drivers for time worked in lieu of their break. The city claimed that, as a charter city, it has an exclusive right under the California Constitution to set compensation, including meal breaks, and that, accordingly, the state meal break requirements did not apply to its sanitation drivers. The city further claimed that its prohibition of sleeping during meal breaks did not prevent sanitation drivers from being completely relieved of duty during meal breaks., The class of sanitation drivers sought recovery for one hour of wages for each day with a missed meal break, which equates to the statutory damage formula under California Labor Code § 226.7.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case