C.R. England Hit with Former Drivers’ Unpaid Wage Claims in California Class Action

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Two former C.R. England Inc. drivers have filed a proposed class action lawsuit in which they claim the trucking company failed to pay proper wages and provide meal and rest breaks in compliance with California labor laws.

The two plaintiffs, who respectively stopped driving for the defendant in July and August 2019,  claim they were paid less than minimum wage due to C.R. England’s piece-rate compensation system. The drivers allege that under the system, they and similarly situated workers were only paid for time spent driving. According to the case, drivers were paid no wages for work-related activities performed while their vehicle was not on the road, including for pre- and post-trip inspections, freight transportation paperwork, time spent waiting during loads and unloads, and fueling.

Moreover, the plaintiffs claim that drivers were not paid for time spent waiting at the defendant’s terminals for a truck to become available, which the case says often took hours.

In addition to the apparent wage violations, the plaintiffs claim C.R. England failed to provide drivers with legally compliant meal and rest breaks, or proper compensation in lieu of such. Due to a lack of coverage, work demands, and the defendant’s policies, drivers were often unable to take uninterrupted 30-minute meal breaks during shifts that exceeded five hours, as well as a second meal break during shifts over 10 hours, the case says. Similarly, drivers were denied 10-minute rest periods for every four hours worked, according to the complaint.

The plaintiffs lastly allege that their pay was further decreased due to unreimbursed business expenses, including for the use of personal cell phones to communicate with dispatchers and customers during each shift.

The lawsuit claims C.R. England’s labor practices have caused drivers’ pay to fall below the minimum hourly wage and led to inaccuracies in their wage statements.

Initially filed in San Diego County Superior Court, the case has been removed to federal court in California.