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Wednesday, April 14, 2021

If “Paid by the mile” doesn’t take care of Driver’s Pay, Maybe Suing is the way to go

On March 23, 2016, the San Diego labor law attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against Core-Mark International, alleging that the transportation company failed to lawfully compensate their truck drivers for all their time spent working, including time spent while not driving the company’s trucks. The class action lawsuit is currently pending in San Diego County Superior Court.

The lawsuit filed alleges that the trucking giant does not have a policy or practice that provides legally required 30-minute uninterrupted meal breaks to their truck drivers in California. The proposed class action asserts that Core-Mark’s failure to provide the legally required meal breaks is evidenced by their business records, which contain no evidence of these meal breaks.

Additionally, the lawsuit alleges that the plaintiff and other truck drivers working for the Core-Mark in California are paid on a piece-rate basis. The lawsuit claims the truck drivers are not paid all minimum wages for all their hours worked because of Core-Mark’s alleged failure to record all time worked.

Specifically, the complaint claims that the truck drivers should be paid minimum wages for their non-driving tasks, including but not limited to, the work performed during pre-trip and post-trip inspections and time spent allegedly waiting for Core-Mark’s loads to be ready for transport.