The Complaint alleges that drivers were paid on a per-mile basis only and did not receive any compensation for non-driving time, in violation of California state wage laws

SAN FRANCISCO, CA, October 08, 2019 /24-7PressRelease/ — On September 19, a former driver filed a case against Oakley Transport, Inc. and Oakley Transportation Group, Inc. (“Oakley Transport”) in the Northern District of California on behalf of truck drivers who were not paid for all of their work hours while driving in California.

The Named Plaintiff, represented by Nichols Kaster and co-counsel Brown, LLC, brought his claims individually and on behalf of all other similarly situated drivers who worked for Oakley Transport and drove in California during the applicable statutory period. The Complaint alleges that drivers were paid on a per-mile basis only and did not receive any compensation for non-driving time, in violation of California state wage laws. For example, the complaint alleges the uncompensated time included loading and unloading, fueling and cleaning trucks, pre/post-trip inspections, sleep time, and on-duty breaks.

The case was filed as a class action under the California Labor Code and California’s Industrial Welfare Commission Wage Order No. 9. The Named Plaintiffs seek unpaid minimum wages, meal and rest break compensation, penalties, and liquidated damages on behalf of themselves and the putative class members.

Plaintiffs’ attorney Matthew C. Helland of Nichols Kaster, LLP explained, “Employers that employ workers in California must comply with California’s wage and hour laws. We believe that trucking companies are no different in this regard. We believe Oakley Transport violated California law by, among other things, failing to pay truckers for all the hours they worked in the state of California.”

Plaintiffs are represented by Matthew C. Helland and Daniel S. Brome from Nichols Kaster, LLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Nicholas Conlon from Brown, LLC in Jersey City, New Jersey. The case is entitled, Smith v. Oakley Transport, Inc. and Oakley Transportation Group, Inc. (dba Oakley Transport)., No. 4:19-cv-05854 (Northern District of California).

Additional information about how to make a claim for overtime pay in the case may be found at www.nka.com or by contacting Nichols Kaster, PLLP toll-free at (877) 448-0492.

Nichols Kaster, with more than thirty lawyers in offices in Minneapolis and San Francisco, represents employees and consumers in individual, class, and collective action lawsuits throughout the country. The firm has recently received a First Tier ranking on the 2019 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® “Best Law Firms.”


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