FEATURED SETTLEMENT: Penske Logistics settles class-action suit with truck drivers
Dilts et al v. Penske Logistics LLC, et al
(S.D. Cal. No. 3:08-cv-003018): After nine years of litigation, the parties
in this class action matter reached a settlement wherein Penske Logistics
agreed to pay $750,000 to settle a dispute where they were alleged to
have violated the California Labor Code and Unfair Competition law by
failing to compensate California truck drivers for meals and rest breaks.
In the underlying matter, plaintiffs claimed that they were not offered
requisite breaks, and that their pay was deducted for untaken breaks from
delivery drivers and Whirlpool appliances installers. The proposed settlement
was based on "rational discounting" due to Penske's claim
that there was no class-wide policy to deny second meal periods, alleging
that the drivers either waived their second meal periods or took such
breaks combined with their first meal breaks. The parties settled in advance
of trial, which was scheduled to commence on February 6, 2017.