Lawsuit: Former Truck Driver Takes Issue with Meyer Logistics’ Business Practices
by Erin Shaak
Last Updated on May 8, 2018
Alcala v. Meyer Logistics, Inc.
Filed: September 29, 2017 ◆§ 2:17-cv-07211
A former truck driver for Meyer Logistics, Inc. claims the company conducted unlawful background checks on prospective employees and failed to comply with certain provisions of the California Labor Code.
A former truck driver for Meyer Logistics, Inc. claims the company conducted unlawful background checks on prospective employees and failed to comply with certain provisions of the California Labor Code. In a proposed class action lawsuit, the man says he applied for a truck driver position with the defendant and was provided with a disclosure form authorizing Meyer to procure a consumer report on him. The form allegedly contained a liability release provision, which the suit claims violates the Fair Credit Reporting Act’s requirement that background check disclosure forms be presented as “standalone” forms that include “no extraneous information.” The complaint further argues that the resulting background checks performed on potential employees were illegal because the defendant did not obtain proper authorization.
Furthermore, the plaintiff claims he worked for Meyer Logistics between April 2016 and June 2017 without receiving proper wages. He alleges that the company offered an incentive program that awarded extra compensation to employees based on their performance. The complaint argues that this additional pay was unlawfully excluded from the defendant’s overtime calculations, noting that it should have been included when calculating an employee’s “regular rate of pay” from which time-and-a-half overtime wages were derived.
The suit takes further issue with the defendant’s supposed failure to provide proper meal and rest breaks for its employees and its alleged requirement that they use their personal cell phones for business purposes without being reimbursed for the associated costs.
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