SUBJECT: Motion for judgment on the pleadings

Moving Party: Defendants Intermodal Container Service, Inc. dba Harbor Rail Transport and Pacer International, Inc.

Resp. Party: Plaintiffs Albert Disus, et al.



Defendants’ motion is DENIED.



BACKGROUND:

Plaintiffs commenced this action on 12/23/14 against defendants for: (1) employee misclassification; (2) unlawful deductions and expenses; (3) unpaid minimum wages; (4) waiting time penalties; (5) failure to pay all wages owed; (6) failure to provide meal periods; (7) failure to provide rest periods; (8) failure to provide itemized wage statements; (9) unfair competition; and (10) PAGA.

On April 20, 2015, the Court related this case, Lopez v. PDS Trucking, BC 540537 and Contreras v. Pacer, BC567807



ANALYSIS:

Defendants argue that plaintiffs’ state-law claims are preempted by the Federal Aviation Administration Authorization Act (“FAAAA”). (See 49 U.S.C. § 14501.) Defendants fail to provide any California law, or an