Class action alleges Leprino Foods violated Class Action Fairness Act

By Dawn Geske | May 17, 2018

SACRAMENTO – A class-action complaint has been filed in the U.S. District Court for the Eastern District of California, Sacramento Division against Leprino Foods Co. alleging violations of the 2005 Class Action Fairness Act.

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SACRAMENTO – A class-action complaint has been filed in the U.S. District Court for the Eastern District of California, Sacramento Division against Leprino Foods Co. alleging violations of the 2005 Class Action Fairness Act.

The suit was filed by Andrew Howell, an employee of Leprino Foods, and all others similarly situated. In the complaint, Howell and the class members demand a jury trial, accusing Leprino Foods of a number of Class Action Fairness Act violations.

The complaint alleges failure to pay minimum wages, failure to compensate for all hours worked, failure to pay overtime wages, failure to provide legally compliant meal and rest periods, unpaid wages and waiting time penalties, failure to properly itemize paystubs, unlawful deduction of wages and violation of California’s Business and Professions Code, according to the court complaint.

The members of the class are nonexempt hourly employees that the complaint alleges Leprino Foods does not pay for pre- and post-shift duties necessary for their employment with the company, according to the complaint. This includes donning and doffing sanitary gear as well as walking to the production line, waiting in line to sanitize and waiting for sanitary gear as well as supplies, according to the court complaint.

As relief, class members have requested damages and restitution for all unpaid wages, unpaid minimum wages, unpaid overtime and other injuries in accordance with the California Labor Law, according to the complaint. They have also requested acknowledgment that Leprino has violated the California Labor Code as well as the Business and Professions Code. They seek a preliminary, permanent and mandatory injunction for all current and former class members as well as civil penalties, attorney fees, all cost of the suit and further relief as the court deems necessary.

Class members are represented by Cory G. Lee of The Downey Law Firm in Beverly Hills. 

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