LOS ANGELES — A former employee has filed a class-action lawsuit against Express Messenger Systems Inc. d/b/a OnTrac, a delivery company, citing alleged violation of the Fair Labor Standards Act.
Susana Acosta, who was employed as a sorter at the Delaware company's Santa Ana facility, filed a complaint individually and on behalf of all others similarly situated on March 6 in the U.S. District Court for the Central District of California against the defendants alleging that they failed to provide employees their proper wages, benefits and incentives.
According to the complaint, the plaintiffs allege that employees have suffered lost earnings from defendants' wrongful practice of denying them earned wages for all overtime hours worked and for all hours worked “off-the-clock” and withholding reimbursements for purchased items used for the performance of their duties. The plaintiffs hold OnTrac responsible because it allegedly failed to pay premium payments, overtime wages owed and minimum wages, failed to provide uninterrupted first and second meal periods, failed to permit mandatory rest periods and failed to provide accurate itemized wage statements.
The plaintiffs request a trial by jury and seek judgment against defendants, nominal, actual, and compensatory damages, economic and/or special damages, liquidated damages, restitution, penalties, attorneys’ fees and costs of suit and further relief as the court deems just. They are represented by James R. Hawkins and Christina M. Lucio of James Hawkins APLC in Irvine.
U.S. District Court for the Central District of California Case number 17-cv-00391