Penske Must Face Unfair Competition Claim in Wages Class Action

Two workers at Penske Logistics LLC may proceed with their California Unfair Competition Law claim against the company in their proposed wages and hours class action, a federal judge said.

Lauren Morgan and Ardavan Davari proposed a class on behalf of exempt human resource managers and case managers at Penske who, during the Covid-19 pandemic, were assigned nearly exclusively non-exempt work. The pair allege they weren’t given the overtime compensation, meal breaks, and rest breaks that they would’ve received as non-exempt employees. They asserted a UCL claim, which allows for equitable remedies including equitable restitution, saying they were unsure whether ...