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Mira Loma Complaint

Mira Loma Complaint

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Published by: dave_jamieson1222 on Mar 15, 2012
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03/15/2012

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)
9
THERESA
M.TRABER
(SBN
116305)
LAUREN
TEUKOLSKY
(SBN
211381)
REBECCAPETERSON-FISHER(SBN
255359)
Traber
&
Voorhees
128
N.Fair
Oaks
Avenue
Pasadena,
California
91103
Telephone:(626)
585-9611
Facsimile:
(626)585-1400
tmt~tvlega1
.
corn
lt~tvlegal
.
corn
rpt~tvlega1
.
corn
FRANKLIN
QUEZADA,
ELIZABETH
GUTIERREZ,
and
VICTOR
RAIVIIREZ,
for
themselves
and
all
others
similarly
situated
and
the
general
public,Plaintiffs,
V.
SCHNEIDERLOGISTICS
TRANS
LOADING
&
DISTRIBUTION,
INC.;
and
DOES
1-
5,
(1~
>
C)
C)
t
V~
C)
~
~
rC~
1
2
3
4
5
6
7
8
copy
c-il
cD
cfl
I’)
ttorneysfor
Plaintiffs
Franklin
Quezada,
et
al.
UNITED
STATES
DISTRICT
COURT
CENTRALDISTRICT
OF
CALIFORNIA
EASTERN
DIVISION
3
88~
CLASS
AND
REPRESENTATIVE
ACTION
COMPLAINT
FOR
INJUNCTIVE
AND
DECLARATORY
RELIEF,DAMAGES,
RESTITUTION,
AND
CIVIL
PENALTIES
19-I
aseN
i;~.
10
11
12
13
14
15
1617
18
19
20
21
22
23
24
25
2627
28
Defendants.(1)
CALIFORNIALABOR
CODE,
CALIFORNIA
WAGE
ORDERS;(2)
CALIFORNIALABOR
CODE
PRIVATEATTORNEYS
GENERALACT;
(3)
CALIFORNIAUNFAIR
COMPETITION
LAW;
(4)
CALIFORNIA
COMMON
LAW.DEMAND
FOR
JURY
TRIAL
Plaintiffs
Franklin
Quezada,
Elizabeth
Gutierrez,
and
Victor
Ramirez,on
theirown
behalf,
on
behalf
of
the
general
public,
andon
behalf
of
all
similarly
situatedwarehouse
workersemployed
in
Riverside
County,
California,
by
defendants
Complaint
 
)
Schneider
Logistics
Transloading
&
Distribution,
Inc.
(“Schneider”)
and
Does
1-5,
allege
as
follows:
INTRODUCTION
~~~ecover
the
stolen
wages
of
employees
s
operated
by
defendantSchneider
in
LAJTInt,
~aiiiuriua
--mg
ia~miz~
warehouses”).Schneider
operates
the
warehouseson
behalf
of
Wal-Mart.
Like
hundreds
of
other
similarly
situatedwarehouse
workers
whom
Schneideremployed
during
the
applicable
limitations
period,
plaintiffs
spend
their
workdays
filling
orders
and
moving
boxes
of
goods
destined
for
Wal-Mart
distribution
centersandstores
throughout
the
United
States.
2.
Schneider
becamethe
operator
of
the
Mira
Loma
warehouses
in
2006.
In
2008,Schneiderdevised
an
unlawful
scheme
to
require
itsemployeesto
work
overtime
without
paying
them
the
premium
to
which
they
are
entitled
underthelaw.Schneider
purported
to
hold
an
“election”
in
the
workplace
and
asked
its
employeestoadopt
an
alternative
workweek
schedule
under
which
employees
would
work
four
10-hour
work
dayseach
week.
Under
the
alternative
workweek
rules,
an
employer
is
not
required
topay
overtimepremiums
foralltimeworked
over
8
hoursup
through
the
tenth
hour
in
a
day.
In
exchange,the
employees
are
supposed
toreceive
a
regular
and
predictable
schedule
of
four
10-hour
days.
Even
though
more
than
5%
of
the
employees
in
warehouseoperations
are
primarily
Spanish-speaking
with
limited
or
no
ability
to
speak
or
read
English,
Schneider
provided
its
employees
with
notice
of
the
election
onlyin
English.
Many
employees,
including
Plaintiff
Ramirez,
had
no
idea
that
they
were
waiving
their
right
toreceive
overtime
premiums
in
theelection.
Complaint
-1-
1
2
3
0
7
8
9
10
11
12
13
1415161718
19
20
21
22
23
24
25
26
27
28
3.
Californialaw
requiresemployers
who
use
an
alternative
workweek
to
guarantee
their
employees
the
regular
schedule
promised
to
them
before
the
election
or
risk
losing
the
alternativeworkweek
protections.
After
Schneider
unlawfully
imposed
the
alternativeworkweek
scheduleon
plaintiffs
and
their
co-workers,
it
 
4
-
1
routinely
failed
to
provide
them
with
ten
hours
of
work
on
theirfour
scheduled
2
workdays,
and
failed
to
provide
them
with
anysort
of
regular
schedule
consistent
3
with
the
alternative
workweek
promised.
Instead,
Schneider
substantially
reduced
4
employees’
work
hours
through
various
means,
including
by
forcing
employees
to
5
take
“voluntary”
time
off.
6
4.
In
an
attemptto
protect
itself
from
legal
liability
for
overtime,Schneider
7
regularly
required
its
employees
tosign
“waiver”
forms
ondays
they
worked
more
8
than
eight
hours,
but
less
than
the
ten
hours
they
were
promised
under
the
alternative
9
workweek
schedule.
Using
these
“waivers”
as
cover,Schneider
failed
to
pay
its
10
employees
overtime
premiums
for
time
workedin
excess
of
eight
but
less
thanten
11
hours.Such
purportedwaivers
are
not
valid
under
California
law,
and
deter
12
employees
fromenforcingtheir
rightsby
falsely
creating
the
impression
thatthe
13
workers
are
not
entitled
to
overtime
pay.
Moreover,
Schneider’s
failure
to
pay
14
overtimeunder
these
circumstances
violated
Schneider’s
own
written
promises
in
its
15
alternative
workweek
proposalthat
it
would
pay
overtimepremiums
for
“{a]ll
work
16
performedin
excess
of
8
hours
if
required
to
work
fewer
hoursthan
scheduledon
17
that
day.”
-
18
5.
Through
these
employment
practices,Schneider
has
stolen,
and
continues
19
to
steal,
thousands
of
dollars
in
wages,
including
overtimepremiums,
from
its
20
employees,
in
violation
of
the
overtimeprotections
and
related
provisions
of
the
21
California
Labor
Code
and
IWC
Wage
Order9-200
1,
has
engaged
in
a
deceptive
22
scheme
to
pay
plaintiffs
a
lower
wagethan
that
designated
under
the
alternative
23
workweek
agreement
in
violation
of
California
Labor
CodeSection
223,
and
has
24
perpetrated
an
unlawful,
fraudulent
andunfair
business
practice
in
contravention
of
25
California
Business
and
Professions
Code
Section
17200,
et
seq.
26
6.
Defendants
alsohave
failed
to
provide
plaintiffs
and
plaintiff
class
27
members
with
proper
restbreaks,
fully
compliant
wage
statements,
and
the
full
and
28
timely
payment
of
all
wages
due,
all
of
which
constitute
ongoingviolations
of
the
Complaint
-2-

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