U.S. Foods Under Fire Over Alleged Labor Law Violations in California

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A proposed class action lawsuit alleges U.S. Foods has failed to pay drivers proper wages for time spent performing duties before and after making a delivery.

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The 23-page wage and hour lawsuit was filed by a driver who claims the company—a leading nationwide food distributor—has violated California labor law by denying him compensation for every hour worked, failing to pay wages allegedly owed to him in a timely manner and issuing inaccurate wage statements.

According to the suit, the plaintiff, a California resident, worked as a driver for U.S. Foods, a role that required him to deliver and unload food products and other items for the company’s clients. Per the case, the man was compensated on a per mile/per load basis, whereby he was paid only once a delivery had been completed.

The plaintiff contends that he and other drivers were not properly compensated for the time they spent performing pre- and post-delivery duties, such as putting the palette jack and hand cart into the truck, bringing paperwork and keys to the store and checking that the truck was safe to operate.

The complaint charges that the defendant, in violation of the California Labor Code, has denied drivers compensation for time spent on these and other nonproductive tasks, which, according to the filing, took up to an hour or more to perform each time.

In addition, the filing alleges U.S. Foods has breached state wage and hour regulations by failing to pay drivers at least twice per month and no more than seven days following the end of the pay period during which wages were earned.

Finally, the U.S. Foods class action lawsuit claims the company also failed to issue accurate itemized wage statements in accordance with California Labor Code requirements.

The lawsuit looks to represent any California residents who were employed by U.S. Foods as a driver and paid on a per mile/per load basis at any time in the past four years.

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