Ayala v. U.S. Xpress, Inc. is a certified class action pending in the Central District of California. U.S. Xpress is a Tennessee-based trucking company that operates throughout the United States. Plaintiff alleges that U.S. Xpress’s mileage-based compensation system violates California minimum wage laws and that he and class members were not provided adequate meal and rest breaks. He seeks back pay, meal and rest break pay, and related premium pay and penalties on behalf of fellow drivers. This action was originally filed in San Bernardino County Superior Court and was removed to federal court, which rejected U.S. Xpress’s attempt to transfer the case to Tennessee. On July 27, 2017, the court certified a class of approximately 1,000 California residents for work performed in California.
There has been extensive motion practice and trial has been delayed due to COVID-19. Several issues are currently pending at the Ninth Circuit Court of Appeals on interlocutory review.
- Order Granting Class Certification PDF 07/27/2017