Kumin Sommers LLP Wins Class Certification for Concrete Mixer Drivers' Meal Period Case

On June 8, 2009, Judge Joseph Huber of the Santa Clara Superior Court certified a class of 200 concrete mixer drivers suing their employer for forcing them to work long hours without a meal break.

Concrete mixer drivers haul freshly batched concrete in mixer trucks from the batch plant to construction job sites, and then pour the plastic concrete into forms for foundations, walls, bridges, culverts, etc. Graniterock contends that it is generally impossible in the fast-paced concrete business for mixer drivers to be relieved for an off-duty meal period. Consequently, Graniterock required its mixer drivers to sign an “On-Duty Meal Period Agreement” in which the drivers waive their right to take off-duty meal periods.

The main issue is whether the boss can have their employees legally forgo their right to a meal break by having them sign an “On-Duty Meal Period Agreement.”

The Defendant employer is Graniterock Company, a concrete manufacturer operating several batch plants located from Monterey Bay to Redwood City.

Joseph Clapp of Kumin Sommers, LLC argued the case for the mixer drivers who are also represented by Harvey Sohnen of Sohnen & Kelly, and Jason Rabinowitz of Beeson Tayer & Bodine.