Cemex Construction Materials Pacific, LLC has been named in a proposed class action recently removed from state to federal court in California. Also filed against Cemex, Inc. and an individual with control of the businesses, the case claims the defendants committed violations of state and federal labor law.
The plaintiff, a non-exempt driver responsible for delivering the defendants’ concrete and cement products, argues that she and other drivers were frequently required to put in more than 40 hours of work per week without being paid appropriate time-and-a-half overtime wages. The lawsuit claims that besides working long hours, delivery drivers were often unable to take breaks due to the demands of their jobs and weren’t compensated for their missed meal and rest break periods.
The plaintiff further notes that she was required to keep her work radio on from 5 a.m. to 9:30 a.m. on her days off in case she was called into work. The lawsuit argues that this on-call time was compensable since the plaintiff was “subject to Defendants' direction and control during this four and a half hour window.”