Food Distributor Faces Class Action Over Wage Violations

Performance Foodservice, a food distributor, was sued Monday in the Northern District of California by an employee on behalf of a putative class. The plaintiff is seeking remedy for “unpaid wages, unpaid overtime, denied meal and rest periods, and waiting time penalties.”

The putative class consists of all nonexempt hourly employees who worked for Performance Foodsource in California in the last four years. In addition to a failure to offer legally required meal and rest periods, the complaint alleges that the defendants failed to pay required premiums in exchange. The defendants also are alleged to have provided noncompliant pay documentation and rounded the hours worked by putative class members to the defendant’s advantage.

The plaintiff averred that the class could contain “thousands, if not tens of thousands, of employees,” and names seven total allegations against Performance Foodservice. The putative class is represented by The Downey Law Firm and Rodriguez & Associates.