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The Turley & Mara Law Firm, APLC

The Sysco Driver Class Action Lawsuit Is All About Wage Theft

Sysco California Driver Class Action Lawsuit: Wage Theft, XATA, Working During Meal Periods and Not Getting Rest Periods

Are you a current or former driver for Sysco? If so, you need to check this out.

According to class action lawsuits and PAGA actions that we have filed, Sysco’s California drivers are having their wages taken from them by the company.  Wage theft is when drivers are not paid for all time worked, are not provided legally complaint meal breaks, are not provided legally compliant rest breaks, are not provided legally compliant paycheck stubs, not paid all wages owed at time of termination, not being paid an hour's pay for non-provided meal breaks, not being paid an hour's pay for non-provided rest breaks and the like.

If you are a driver for Sysco in California these Sysco class action lawsuits and PAGA actions concern you and your co-workers.

According to Sysco’s website, Sysco is the global leader in selling, marketing and distributing food products to restaurants, healthcare and educational facilities and lodging establishments. That is all probably true.

What else is true is that the only way that Sysco products are distributed is because of Sysco drivers. Sysco drivers work hard. Sysco drivers in California and drivers should be getting paid for all time that they work. Sysco drivers should be getting all the wages that they are owed under California law.

This isn’t a guarantee of what you will recover, or that you will recover at all, but is illustrative of what we are talking about here.

This webpage is a Newsletter Advertisement by The Turley Law Firm APLC.  

If you have questions call us at 619-492-9644

 

What Are we Talking About? How Is Sysco Stealing Drivers’ Wages?

California has some of the strictest wage laws in the United States. There was a recent California Supreme Court case - Brinker vs. Superior Court that I use all the time to win these cases. The Brinker case lays out the duties a company like Sysco has to provide drivers meal periods and rest periods.

I know the Brinker case very well because I was the lawyer for the workers in the Brinker case. Time and again my law firm and I have used the Brinker case to win California driver class action cases. Now we are using the Brinker case with the Sysco cases.

Past results in other cases doesn’t guarantee any particular result in this case or any other case.  There are any number of reasons why this case may not be certified as a class, lose on the merits or drivers may not have any recovery. 

In addition, many of you may understand that I represent more delivery drivers, truck drivers and/or Teamsters than any lawyer in California. I represent so many California drivers in wage and hour class actions that some folks believe that I currently represent more delivery drivers, truck drivers and/or Teamsters than any lawyer in America.

 

What Is This Case About?

According to the lawsuit allegations and documents in this case:

Sysco has unrealistic routes. Sysco drivers work during meal periods and don’t take rest periods. Sysco does not provide legally compliant meal breaks. Sysco does not provide geally compliant rest breaks. Sysco uses a XATA system that supposedly doesn’t allow drivers to drive and/or invoice while they are clocked out for meal periods.

 

Wage theft is wrong

When drivers are trained to clock out for meal periods and keep right on working: that is a violation of California law.

When a company encourages workers to work while they are clocked out, this is wage theft. When this happens drivers are owed for the time that they work.

When drivers don’t get meal periods and rest periods based upon the company policy, we are usually talking being owed an hour’s pay for every time one was missed.

We are also talking about wage stub violations and waiting time penalties.

 

Class Actions and PAGA Actions

We filed these cases as class action lawsuits and PAGA actions.  A PAGA action is a Private Attorney General Act case. This allows an employee to step into the shoes, so to speak, of the Attorney General and enforce certain California wage statutes and Wage Orders.

None of these cases have been certified by the court yet. Sysco strongly and catagorically denies all of the allegations in these class action lawsuits and PAGA actions.  Sysco is vigourously defending these cases up and down the State.  The courts have not yet determined the merits of these cases.  Which, of course, is another reason why you can help us prove these allegations.

 

What Can I Do To Help?

We are trying to talk to as many current and former Sysco drivers as possible. If you are a driver for Sysco or a Teamster shop steward or business agent. We want your take. Please call us. When you call our office - please ask for Alyssa.

619-234-2833

 

No gurantees in life or law

Finally, can I guarantee that we are going to win this Sysco California Driver Class Action lawsuit? I can not and am not. Nothing in life or law is certain but death and taxes. It is the same with this case. There are any number of ways that a class action case won't be successful. There are any number of ways that PAGA actions won't be successful.

 

This case is based on the Brinker Supreme Court case

This case is based on a 2012 California Supreme Court case – – Brinker vs. Superior Court. Many people say that the Brinker case is the most important California Supreme Court wage and hour case in years (if not ever).

In the Brinker case the California Supreme Court laid out the duties that California companies have to provide meal periods and rest periods to workers.

I often use the Brinker case to help win cases like this. I know the Brinker case very well because I represented the workers in the Brinker case.

An hour’s pay for every meal period and rest break that the company did not provide to you under the law. Under California law, under many circumstances, when the company fails to provide a meal period or rest period – you are owed an hour’s pay. Thus, the cases are about collecting an hour’s pay for you and other workers for missed meal periods and rest breaks.

And this case is about getting driver's their wages back that were deducted while they were actually working during meal breaks. And, based upon what we have seen,  many of the Sysco paychecks stubs are illegal for not having all hours worked and not containing other information that is required by California law.

This isn’t a guarantee of what you will recover, or that you will recover anything, but is illustrative of what we are talking about here.

 

Half hour’s pay for lunch breaks that you worked during

In addition, when the company deducts a half hour’s pay when you didn’t actually get a legally compliant meal period – then you are entitled to get paid the half hour’s wage that was illegally deducted.

This isn’t a guarantee of what you will recover, or that you will recover anything, but is illustrative of what we are talking about here.

 

30 day’s pay for waiting time penalties

When you are not paid all the wages owed to you at the time of termination under California law – you are entitled to 30 day’s pay.

For example, in one of the cases that we have filed, the Sysco driver averaged $1,704.91 per week. If we are able to prove that all of his wages were not paid at time or termination, the calculation would be as follows:

Thus, if he average working 6 days a week, his daily wage was approximately $284.15.

$284.15 x 30 days = $8,524

Again, this isn’t a guarantee of what you will recover, or that you will recover anything, but is illustrative of what we are talking about here.

 

Paycheck stub violations

Under California law, when the employer omits wage information on paycheck stubs, employees can receive up to $4,000 for pay check stub violations.  Based on what we have seen, most of the Sysco  driver’s have paychecks with violations.

Again, this isn’t a guarantee of what you will recover, or that you will recover anything, but is illustrative of what we are talking about here.

 

What are PAGA penalties?

Under the Private Attorney General Act (PAGA) laws you may be entitled to up to $100 every pay period for each separate violation that we are talking about here.  This is for each respective violation of certain Labor Code sections and/or Wage Order sections.

Again, this isn’t a guarantee of what you will recover, but is illustrative of what we are talking about here.

Of course, under California law - PAGA penalties are descretionary. Meaning, the it is up to the Court to award them.

I know PAGA well. I testified before both the California State Assembly and California State Senate in 2016 regarding the new PAGA bill. In fact, I was one of the drafters of the new 2016 PAGA bill.

This isn’t a guarantee of what you will recover or that you will recover anything at all, but is illustrative of what we are talking about here.

Sysco Probationary Drivers

A whole separate part of this case is for drivers that drove for Sysco during their “probationary period.” That is, before they were accepted into the Teamsters. If you were a Sysco driver during the probationary period, then you also should contact us.

 

Believe it or not, I am known for being straight-up

I always tell folks that nothing in life is guaranteed other than death and taxes. I (nor any other lawyer) can’t guarantee you any particular result. Past successes don't mean that this case or any other case will be successful. Every case is different.

And you can be sure that Sysco and their high priced attorneys (which are also very talented and extremely worthy advesaries in this case) deny all of the allegations in the lawsuit.  We are going toe to toe with Sysco's lawyers across California.  Both sides are working hard to win this case. 

Please understand that we haven’t had the chance to prove any of the allegations in these lawsuits. And Sysco's lawyers have not had a chance to prove their allegations in these cases.

Of course, this is another reason why we need your help. To help prove these allegations. And as is mentioned elsewhere, none of these class actions have been certified by the courts yet.

 

Every case is different and our past success in cases doesn't guarantee success in this case or any other case

I can't say enough times that anything can happen in a lawsuit. Especially a class action lawuit. There are dozens of reasons why the case won't be certified as a class or lose on the merits.  Sysco's high-priced lawyers are fighting these cases tooth and nail, up and down the State.

Every case is different and success on past cases doesn’t guarantee success in any other case.

 

You don’t have to pay any money out of pocket

You don’t have to pay any money out of pocket and you don’t have to pay us any money for you to help us with the Sysco Class Action lawsuits.  If we get paid, at the end of the case, our fees – if any - may come out of the total recovery. And our costs may be deducted from the total recovery.  At the end of the day, as with all class action cases, the court will have to approve our fees, if any, and our costs, if any. In other words, we only get paid if we win and we can only recover our costs if we win. 

If you are chosen to be a class representative and/or PAGA representative, then we will discuss in depth the duties of a class representative and/or PAGA plaintiff. And discuss what all of this entails.

 

 

Not all lawyers are alike

Lawyers have far different expertise and experience in handling different legal matters. I am only telling you all of this so you know that we have the experience, resources and skill to handle this case.

My name is Bill Turley. I represent more truck drivers, delivery drivers  and/or Teamsters than any lawyer in California. I represent so many California drivers in wage and hour class actions that some folks believe that I currently represent more truck drivers, delivery drivers  and/or Teamsters  than any lawyer in America.


I am not telling you all this to brag, but to let you know that we have the skill and resources needed to prevail in the Sysco class action lawsuits and PAGA action.  My law firm has prevailed in many driver wage theft cases. This doesn't mean that we will prevail in this case or any other case.  It just means that this isn't our first time around the block with driver wage theft cases.

Our office specializes in wage and hour class action cases. There are few, if any, lawyers in California that know more about similar cases than our law firm.

 

 

I recently testified before the California State Senate on wage and hour issues. I was the only class action lawyer invited to testify at the hearing. And I recently have testified before the California State Assembly and California State Senate on the new PAGA bill (read: wage theft legislation). I helped write the new PAGA bill. Besides being known as one of the leading expert on this area of the law in California, one of the reasons why I am asked to testify is because I am known for being straight-forward and blunt. I am known for being no B.S., no lawyer-talk, no double-talk. I recently worked with the United States Senate Commerce Committee on potential wage legislation affecting drivers.

 

I have been awarded the Superlawyer award for the last six years. I have the highest Avvo.com lawyer rating. I was elected President of the Consumer Attorneys of San Diego. I have a State-wide practice. While our main office is in San Diego, we have offices in Los Angeles, San Francisco, Oakland and Bakersfield. We also anticipate opening an office in the Inland Empire this year.

I wrote the book California Truck and Delivery Driver Wage Theft: The Ultimate Straight Talk Guide To Getting Your Hard Earned Wages Back. When you provide us your contact information, we will also send you a free copy of my book.

Putting aside all the awards and such – I think what really sets me apart is that I take all of this to heart. My Dad was a driver. I understand what it is like for a family to struggle because of wage theft. When the company lawyer says that I take your case personally, it’s because I do.

 

Don’t Miss Out

In order to make sure that your voice will be heard in the Sysco Class Action lawsuits be sure to fill out the form at the bottom of this page. We will make sure that you don’t miss out.

Again, this isn’t a guarantee of what you will recover, but this is your chance for your voice to be heard by helping us try and win these cases.

Also, be sure to give us your address so we can send you a free copy of my book – California Truck and Delivery Driver Wage Theft: The Ultimate Straight Talk Guide To Getting Your Hard Earned Wages Back.

You should also know, if you are a current Sysco/FreshPoint employee, you can contact us confidentially. Under the strict rules in California – all communications with a lawyer can be kept confidential.

 

Sysco denies everything

As you might expect, Sysco and/or their lawyers seem to deny everything.  According to what we have gathered in communicating with Sysco’s lawyers and/or in documents which they have submitted, Sysco is the model company and strictly follows all of California wage and hour laws.  Sysco contends that there is no way that Sysco has unrealistic routing, Sysco drivers don’t work off the clock, Sysco provides all workers with legally compliant meal periods, Sysco provides all drivers with legally compliant rest breaks, Sysco’s paycheck stubs contain all the necessary information which is required by California law and no drivers have not been provided all wages in a timely manner at time of termination.

 

If you have driven for Sysco, is this the Sysco that you know and worked for? Tell us your take.

In other words, Sysco alleges that they have defenses to each and every cause of action which the drivers in these cases are pursuing.

As I state repeatedly, there are no guarantees in this lawsuit or any other lawsuit.  In fact, Sysco and their high priced talented lawyers are working hard to defeat these cases.  Make no mistake about it, we have been in a vigorous fight with Sysco’s up and down the State. In fact, Sysco’s lawyers have repeatedly requested that we take down this webpage.

 

Call us 618-234-2833 or fill out the contact form on this webpage.

 

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