Penske faces unfair competition claim in wage class action

Two Penske Logistics LLC employees may continue to sue the company under California’s unfair competition law as part of their proposed wage and hour class action lawsuit, a federal judge ruled.

Lauren Morgan and Ardavan Davari filed a class action on behalf of Penske tax-exempt human resources directors and case managers who were assigned almost exclusively non-tax-exempt work during the Covid-19 pandemic. The two men claim they were not paid the overtime pay, meal breaks, and rest breaks they would have received as non-tax-exempt employees. They asserted a claim under the UCL, which allows for equitable remedies, including equitable restitution, saying they were unsure whether …