Alonzo v. First Transit, Inc.

Meal and Rest Breaks

Los Angeles County Superior Court Case no. BC433932

This wage and hour class action was brought on behalf of 685 bus drivers who are former employees of defendant First Transit, Inc. (“First Transit”).  These drivers drove routes that were referred to as “DASH Packages” 2 and 6.

During the relevant time period, First Transit systematically deprived these drivers of their meal and rest periods by enforcing work schedules that made it impossible for the drivers to take their legally required breaks.  Specifically, First Transit did not schedule second meal periods for drivers who worked more than ten hours.  Nor did First Transit schedule enough time between routes that drivers could take ten minute rest periods.

Judge Joanne O’Donnell of the Los Angeles Superior Court granted class certification with respect to Plaintiffs’ meal period and rest period claims.  Furthermore, both Judge O’Donnell and the Second District Court of Appeal rejected First Transit’s argument that an employer can satisfy its obligation to provide rest periods by permitting a series of breaks that add up to ten minutes.

Finally, Plaintiffs’ expert witnesses undertook an exhaustive review of the payroll records provided by First Transit.  Plaintiffs were able to calculate the total wages and interest due by First Transit.

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