A former employee has launched a class-action lawsuit against two prominent delivery companies, alleging widespread violations of California's labor laws. The complaint was filed by Sebastian A. Calderon Cardenas on November 12, 2024, in the Superior Court of California, County of Santa Clara, targeting Grego Delivery Inc., FedEx Ground Package System, Inc., and Guilherme De Almeida Fraga.
The lawsuit claims that the defendants engaged in numerous unlawful practices to cut labor costs and maximize profits at the expense of their employees' rights. According to Calderon Cardenas, these practices included denying legally required meal and rest breaks, failing to pay overtime and minimum wages, and requiring off-the-clock work without compensation. "Defendants have implemented unlawful policies with respect to meal and rest breaks," states the complaint, which accuses the companies of instructing employees not to clock in until a customer arrives or to clock out during downtime while still at work.
Calderon Cardenas further alleges that Grego Delivery Inc. and FedEx Ground systematically understaffed their drivers, leading to excessive workloads that made it impossible for employees to take their entitled breaks. The plaintiff also accuses the companies of maintaining inaccurate records and failing to provide itemized wage statements as required by law. Additionally, it is claimed that the defendants did not reimburse necessary business expenses incurred by employees.
The plaintiff seeks declaratory relief along with compensatory damages for himself and other affected employees. He is also pursuing statutory penalties under various sections of the California Labor Code for alleged violations such as failure to provide timely wages upon discharge or resignation. Moreover, Calderon Cardenas requests injunctive relief to prevent future violations and demands restitution for unpaid wages along with disgorgement of profits gained through unfair business practices.
Representing Calderon Cardenas are attorneys Scott Ernest Wheeler and Justin A. Wheeler from The Wheeler Law Firm, APC. The case is being reviewed by Judge M. Suarez under Case ID 24CV451656.