Tens of thousands of employees could be owed unpaid wages and overtime from Performance Foodservice
An employee on behalf of a putative class is seeking retribution for all labor violations committed by Performance Foodservice.
In a case filed this week in the Northern District of California, Gerardo Alvarez alleges “unpaid wages, unpaid overtime, denied meal and rest periods, and waiting time penalties” in the years he has worked for the food distributor.
Performance Foodservice is a wholly owned division of Performance Food Group, a Colorado corporation engaged in business throughout California, with locations in Gilroy, Livermore and City of Industry.
In the lawsuit, Alvarez claims Performance Foodservice presented noncompliant and non-itemized salary documentation, didn’t pay required compensatory premiums and rounded the worked hours of the putative class members to essentially benefit the company. Alvarez lists a total of seven allegations against the company and said that the putative class could contain “thousands, if not tens of thousands, of employees.” The class consists of all non-exempt hourly employees of Performance Foodservice in California over the last four years.
According to the lawsuit, in addition to requiring employees to work longer than eight hours and likewise not paying them for days worked of less than eight hours, Performance Foodservice necessitated workers to answer work-related questions before and after paid work time without due...
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