Pagel v. Dairy Farmers of America, Inc.

Introduction and Summary of Claims

Plaintiff Pagel filed a putative class action lawsuit against Dairy Farmers of America, Inc. for denial of meal periods to its non-exempt employees in California.  Plaintiff alleges that Defendant failed to provide him and his coworkers in California with

What is the status of the case?

The case was filed on October 6, 2011 in Ventura County Superior Court.  Defendant filed its answer on November 29, 2011.  The case is now “at issue,” and discovery (the formal exchange of information, questions and answers) is underway.  The case has NOT been certified as a class action yet.

Who is affected by the case?

The suit seeks unpaid wages for all non-exempt employees of Dairy Farmers of America, Inc. that were employed in California at any point between October 6, 2007 to the present day.  The unpaid wages are alleged to arise from, among other things, time spent dressing and undressing into required uniforms and for meal periods that were not provided.

What types of damages does Plaintiff seek?

Plaintiff seeks damages for unpaid wages for hours worked (possibly including overtime hours) from on or about October 6, 2007 through the present.  These hours may relate to time spent by employees dressing/undressing into required uniforms.  The damages also include wages for meal periods that were not provided.  Plaintiff also seeks various penalties available under the California Labor Code.  Those penalties include a penalty under Labor Code section 226 for inaccurate payroll statements.

What can I do to get involved with this case?

You may contact Plaintiff's counsel, Brian D. Hefelfinger at Palay Law Firm, directly by e-mailing him using the contact form on this page. You may also call Palay Law Firm at (805) 641-6600.  Finally, you can post questions about the case using the comment form below.  All questions posted using the comment form will be reviewed by Palay Law Firm before being published.