In mid March 2006, two members have brought to my attention civil litigation involving trucking employers that are apparently misunderstanding employee lunches and breaks.

One is a CDTOA member in San Diego and the other a logging company in Northern California. Apparently, trial attorneys around the state are exploiting opportunities created by a combination of lack of understand by trucking company employers and recent court cases, in particular the WalMart Stores case.

Summary of California's Meal and Rest Period
Requirements for Truck Drivers Other then Mixer Driver's (4/07)
( View Document ) PDF Doc

“Westside Settlement”
Copy of a California Superior Court Stipulated Judgment (4/27/05)
( VIEW Document) between the concrete mixer industry and the DIR’s, DLSE.
The issue took 29 months for resolution. The judgment mainly deals with mixer drivers mandatory lunch breaks.

On-duty meal and rest breaks will be an
important issue to address in your near future.
( VIEW Management alert from the firm “AALRR”)
Wal-Mart Punitive Damage Award

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The judgment is also referred to as the “Westside Settlement.” ( VIEW Document)Enclosed within this settlement is a sample meal period policy. Presently it only applies to mixer drivers but should apply to almost all construction material delivery. The facts are substantially similar between all types of construction trucking.

It is extremely important that transportation companies understand their liabilities concerning this issue and make sure they implement a company policy that addresses this issue as well as implement an “On-duty Meal Period Agreement” which needs to be signed and filed for each subject employee.

Lee Brown
Executive Director
CDTOA

California Non-Fuel Minerals 2002 - U.S. Geological
Survey’s (USGS) preliminary data for 2002,

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