Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code section 1102.5. See our in-depth analysis HERE.
Summary: Federal law preempts California meal and rest period requirements for motor carrier drivers, including short-haul drivers. Company owner, though he had no involvement in day-to-day operations, was individually liable for Labor Code violations pursuant to Labor Code section 558.1 where he approved the unlawful policy regarding payment of truck drivers.
Facts: Plaintiff Guillermo Espinoza, a short-haul truck driver, brought an action against his former employer, Defendant Hepta Run Inc. (“Hepta Run”), asserting causes of action for California Labor Code wage-and-hour violations, unfair business practices, and penalties under the California Labor Code Private Attorneys General Act (“PAGA”). Plaintiff also asserted those claims against Hepta Run’s individual owner, Defendant Ed Tseng (“Tseng”), pursuant to California Labor Code section 558.1. Citing a recent order issued by the Federal Motor Carrier Safety Administration (“FMCSA Order”), Defendants filed a motion for summary adjudication arguing that California laws and regulations providing for meal and rest periods were preempted by federal Department of Transportation regulations governing hours of...
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