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11 Truck Drivers Sue Foster Farms Over Breaks, Overtime Pay

Posted on: Thursday, 15 December 2005, 09:00 CST

By John Holland, The Modesto Bee, Calif.

Dec. 15--Eleven truck drivers for Foster Farms have sued the company, claiming that they were denied overtime pay and meal breaks over four years.

An executive with the poultry giant, based in Livingston, said he had not heard the allegations before and that they will be investigated by the company.

The lawsuit, filed early this month in U.S. District Court in Fresno, alleges that Foster Farms failed to pay the required time-and-a-half rate for work beyond 40 hours in a week. This went on until early last month, when "some, but not all," overtime started to be properly compensated, the plaintiffs said. They also claim that the company denied them the required half-hour meal break after five hours worked in a day, until last month.

Since then, the lawsuit says, the drivers have been allowed breaks but were required to attend to some of their job duties during them.

"By engaging in the unfair, unlawful and fraudulent business practices described above, defendant has gained an unfair advantage over their law-abiding competitors who incurred the extra costs associated with paying (proper wages)," the lawsuit states.

The plaintiffs are Ron Bell, Thomas Carver, Robert Codd, Jose Garcia, Kenny Joe, Vic Jorgensen, Steve LePre, Luis Renteria, Felipe Reyes, Charles Segovia and Stanley Showen. Their attorney, Tom Davenport of Walnut Creek, declined to comment on the complaints. The lawsuit says that at least 60 past and present truckers may have been victims of the alleged violations.

It seeks to include them in a class-action case once their names are determined.

The lawsuit seeks the overtime pay, as well as wages for working through what should have been meal breaks, plus interest on these amounts.

"This is the first we have heard of it," said Tim Walsh, vice president of human resources at Foster Farms, on Tuesday, "so that's why we are checking into the allegations."

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Copyright (c) 2005, The Modesto Bee, Calif.

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Source: The Modesto Bee

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