Vons Wage Theft
The one thing that is not in doubt though, is that Vons drivers are hard working and deserve every dime that they earn. However, according to the class action lawsuit, Vons isn’t complying with California’s stringent wage and hour laws. According to the lawsuit - Vons is stealing driver wages. The class action lawsuit has a “Wage Theft” cause of action. This is the first cause of action in the lawsuit.
In 2012, the California Supreme Court decided the ground-breaking case - Brinker v. Superior Court. In the Brinker case the California Supreme Court laid out all the duties that companies like Vons have to follow in order to provide meal and rest breaks.
Since then, time and again we have investigated trucking companies and we have determined that they aren’t following California law. And we should know, out law firm represents the Plaintiffs in the Brinker case - - it’s our case.
Many of you realize that I represent more commercial truck and delivery drivers than any law firm in California. In other words, this is what we do. It's how we roll.
Based upon our investigation and the lawsuit, Vons isn’t following California law in regards to providing drivers compliant meal periods and rest breaks.
Vons Trip Reports
Some of you might be thinking that, “I’m good, I got my meal periods. This doesn’t pertain to me.” That is what many companies just like Vons has thought. Only to be found out that they aren’t complying with California law.
Here is the deal: just because you signed a Trip Report saying that you took your meal period from 11:30 to 12:00 doesn’t mean that you received a meal period that is compliant with California law.
In fact, based upon our investigation and/or allegations in the complaint, Vons did not provide you with a legally compliant meal periods and rest period for every day that you worked even though your Trip Report says you got a meal period and a rest period.
Obviously Vons is going to differ on this point and this is a big point of contention in the case. However, if you want to hear more about this, feel free to give me a call. We can speak confidentially “off the record,” if you like. But - I like where we are on this. A lot.
An hours pay for every day meal period and rest period that was not legally provided to you
Under California law, you are entitled to an hour’s pay for every meal break and rest break that Vons failed to properly provide you under California law. You are entitled to one meal period before the fifth hour of work and a second one if you work 10 hours.
For rest periods you are entitled to a rest period if you work 3.5 hours, a second at 6 hours, a third at 10 hours and a fourth at 14 hours.
To top all of this off, Vons probably has deducted ½ hours pay for a meal period for every shift that you worked. Now if you did not receive a legally compliant meal period - that means that you are owed ½ hours of pay for each deduction and if you worked over 8 hours that day you are owed at time and one/half/ the overtime rate.
Waiting time penalties
If you are no longer a driver for Vons then you are owed 30 days pay for the illegally deducted ½ hours pay, meal periods that weren’t provided and rest periods that weren’t provided. This all really adds up fast.
You are also owed interest for all of this - which really adds up over 1 year - much less 4 years back (and more - 4 years from when we filed the complaint). Wage and hour cases have a 4 year statute of limitations under California law. I call it the joy of math.
The Joy of Math
What you are going to see is that all of this adds up very quickly. I call if the joy of math. That is, how fast all of this adds up to thousands and thousands of dollars.
Please understand that nothing is for certain. I can’t guarantee you that you will get this. And I also can’t guarantee that you won’t get hit by lightening on your next delivery. But what I can tell you is that we are winning cases with worse facts / evidence that we have see in Vons - - up and down the State of California.
The bottom line is that we know driver cases. We are relying on the best case that has ever been decided for California drivers - Brinker v. Superior Court. The Brinker case is out baby, so to speak. We know Brinker inside and out because we represent the workers in the Brinker case.
And we are taking it to all the companies that employ drivers in California - now it is Vons' turn. Hopefully you are aboard for the ride. Because we plan on getting you significant compensation for the money Vons owes you.
We Want To Hear From You
If you are a current or former driver for Vons we would like to hear from you. We are investigating this case and it would be very helpful if we heard your take. You can contact us confidentially. Let’s talk about how we can get you some money compensation.
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Disclaimer: There are no guarantees in life or law. We aren’t guaranteeing you or anyone else any particular result. We are guaranteeing that we will work hard to help you win compensation. And in most of our cases, we win the case and the drivers get thousands of dollars each. We have a winning track record for drivers.