SAN DIEGO – A driver alleges he was misclassified as an exempt employee while working for Florida-based companies in San Diego County.
Daniel McDonald filed a complaint on Dec. 5 in the U.S. District Court for the Southern District of California CEVA Logistics US Inc., CEVA Freight LLC and Does 1-25 alleging violation of the state's labor codes.
According to the complaint, the plaintiff alleges that he was engaged by the defendant to work for their businesses, which focused on transportation and logistics services. He alleges he was misclassified as a contractor instead of as a non-exempt employee and certain privileges were deprived of him, such as reimbursement for business expenses, including uniform costs, insurance, gas and vehicle maintenance, entitlement to overtime compensation, and proper meal and rest periods.
The plaintiff holds CEVA Logistics US Inc., CEVA Freight LLC and Does 1-25 responsible because the defendants allegedly misclassified by defendants in direct violation of the labor code, failed to compensate plaintiff for all hours worked, failed to provide mandatory rest and meal break periods, and failed to provide plaintiff with compliant and accurate itemized wage statements.
The plaintiff requests a trial by jury and seeks judgment against defendants, damages, interest, attorneys’ fees and costs, and further relief as the court deems proper. He is represented by Timothy J. O’Leary and David L. Skilling of Skilling O'Leary in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02961