• Marc Kroop

Changing Meal & Rest Period Law And Protecting Truck Drivers' Rights

Updated: Feb 4, 2018

On March 14, 2018, a final compliance hearing is set in Marine v. Interstate Distributor Co. Our expectation is that this case that was filed by Kroop Labor Law's managing attorney, Marc G. Kroop, in November 2007, will be finally resolved.

This case involved disputed claims regarding the employer's hourly truck drivers, operating solely in the state of California. Mr. Kroop contended these employees were subject to California meal & rest period law and were entitled to receive meals & rest periods that complied with California law. Throughout the case, the employer maintained that its hourly drivers operating in the State of California were not subject to California meal & rest period law. The employer asserted that federal law that allows transportation companies to determine rates, routes and services, preempted California law.

Initially, the Alameda Superior Court agreed with the employer's position and dismissed the case. Mr. Kroop and his partners in the case, immediately appealed. Mr. Kroop's decision to support the appeal and continue in the case was based upon his concern for the health and safety the company's drivers whom he contended were endangered by the company's failure to allow appropriate meal & rest periods for its drivers. Mr. Kroop's complaint in the case asserted that the company's hourly drivers operating in California were subject to lengthy shifts without proper breaks.

Eventually, the Court of Appeal reversed the trial court's ruling and reinstated the driver's case. Mr. Kroop's determination to support the drivers through their successful appeal led directly to the employer's agreement to finally resolve the case in 2017 for $2.65 million. In the settlement agreement, the employer finally acknowledged that its California hourly drivers would, going forward, be provided appropriate meals & rest periods that complied with California law.

Kroop Labor Law's managing attorney, Marc G. Kroop, has been successfully representing employees and protecting employee rights in California since 1993. If you have questions or concerns about your employment rights, we provide you with a direct line to counsel. (925) 989-8264 Alternatively, you may email us and at info@krooplaborlaw.com and we will immediately respond to your concerns in writing. Our East Bay office is located at 2950 Buskirk Avenue, Suite 300 Walnut Creek, CA 94597. We also provide appointments at our office in San Francisco. Our San Francisco office is located at 100 Pine Street, Suite 1250, San Francisco, CA 94111. All appointments must be scheduled in advance.

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