Did EquipmentShare Violate Wage and Hour Law?

/

In recent news, EquipmentShare faces allegations that its standard policies and practices violate labor law.

The Case: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The Court: United States District Court-Central District of California

The Case No.: 37-2024-00009472-CU-OE-CTL

The Plaintiffs: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The plaintiff, Kevin Dion Cocroft, filed a class action lawsuit citing Equipmentshare.com Inc. (EquipmentShare) was violating labor law by allegedly failing to provide employee meal and rest breaks.

The Defendant: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The defendant in the case, EquipmentShare.com, Inc., is a California Corporation that owns and operates construction equipment rental companies throughout the state of California, including the county of San Diego, where Kevin Dion, the plaintiff, was employed. The class action lawsuit makes multiple labor law violation claims:

  • violating minimum wage law

  • violating overtime wage law,

  • violating meal and rest break requirements

  • falling to reimburse workers for necessary work expenses

  • failing to provide an accurate, itemized wage statement

  • falling to provide wages when due

The above allegations would be in violation of California Labor Code Sections §§ 201, 202, 203, 204, 210, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, and 2802.

Rigorous work schedules and understaffing allegedly prevented employees from taking off-duty meal breaks and rest periods. When the employees did take one of their breaks, they were generally not completely relieved of their job duties. In California, non-exempt employees are entitled to a 10-minute paid rest period for every four hours worked or a major fraction thereof, with the rest period ideally falling in the middle of the work period. Additionally, these employees must be provided with a 30-minute meal break if they work a shift longer than 5 hours and a second meal break if they work over 10 hours. Employers cannot require employees to work during these breaks and must relinquish control over their activities. Failure to comply with these provisions can lead to significant penalties for employers, including payment of one hour of pay for each day a rest or meal period is not provided.

The Case: Kevin Dion Cocroft v. EquipmentShare.com, Inc.

The class action lawsuit, Kevin Dion Cocroft v. EquipmentShare.com, Inc., is currently pending in the San Diego County Superior Court of the State of California.

If you have questions about filing a California employment law lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.