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Ryder has agreed to pay $5 million to settle claims it misclassified Ryder Last Mile and Ryder System delivery drivers as independent contractors rather than employees.
Drivers eligible to take part in this settlement are those who directly contracted with Ryder Last Mile, formerly MXD Group Inc., either individually or through a business, and provided transportation services to the defendants in California between Dec. 12, 2014, and July 26, 2020.ย
The Class is composed of a Motor Carrier Class and a Non-Carrier Class.
The Motor Carrier Class is made up of all motor carrier owners who are responsible for day-to-day operations at their business that engaged delivery drivers to operate their commercial vehicles for the delivery of goods. It also includes all motor carrier owners who also performed delivery services as their commercial vehicleโs driver.
The Non-Carrier Class is made up of individuals who did not contract with Ryder Last Mile (MXD Group) and are โnon-owner drivers and helpersโ who were authorized to provide the defendants with transportation services during the same period, according to the settlement notice. This includes drivers and helpers hired by motor carrier companies to operate commercial vehicles and make deliveries for the defendants that were related to contracts the defendants had with the motor carrier companiesโ owners.
The Class excludes Motor Carrier Class Members and Non-Carrier Class Members who only performed delivery services at the Barker Parkway warehouse in City of Industry, California, during the Class Period.
The PAGA Group includes all members of the Motor Carrier Class and Non-Carrier Class who provided transportation services to the defendants in California at any point between Aug. 16, 2017, and July 26, 2020. This group excludes PAGA Motor Carrier Group Members and PAGA Non-Carrier Group Members who only performed delivery services at the Barker Parkway warehouse during that period.ย
The class action lawsuit, filed in Sacramento County Superior Court in December 2018, alleged delivery drivers transporting consumer goods in California were being incorrectly classified as independent contractors rather than employees.
According to the complaint, Ryder failed to reimburse the delivery drivers for business expenses; unlawfully deducted pay to cover ordinary business expenses; failed to pay the minimum wage, the regular pay rate for all the hours worked and overtime compensation; and failed to provide rest periods, among other things.ย
Settlement payments will be made directly to Class Members who did not request to be excluded.
The amount paid to each Class Member will be based on the number of qualifying workweeks during which the Class Member was authorized to provide transportation services to Ryder during the Class Period, in addition to other factors.
To share in the Claims Compensation Fund โ $100,000 set aside for Class Members who have had to personally pay expenses or have an enforceable judgment against them from claims arising because they provided transportation and delivery services to the defendants in California during the Class Period โ Proof of Costs must have been submitted by Dec. 28, 2020.
Class Members do not need to file a claim form in order to benefit from this settlement.
The deadline to be excluded from or object to this settlement has passed.
A fairness hearing is scheduled for Feb. 8, 2021.
Whoโs Eligible
Drivers eligible to take part in this settlement are those who directly contracted with Ryder and MXD Group Inc., either individually or through a business, and provided transportation services to the defendants in California between Dec. 12, 2014, and July 26, 2020.ย
Potential Award
Varies.
- The amount paid to each Class Member will be based on the number of qualifying workweeks during which the Class Member was authorized to provide transportation services to Ryder during the Class Period, in addition to other factors.
Proof of Purchase
No proof of purchase is necessary.
Claim Form
NOTE:ย If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claimย under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If youโre unsure if you qualify, pleaseย read the FAQ section of the Settlement Administratorโs website to ensure you meet all standards (Top Class Actions is notย a Settlement Administrator). If you donโt qualify for this settlement, check out our database of otherย open class action settlementsย you may be eligible for.
Claim Form Deadline
N/A
Case Name
Joseph Kimbo v. MXD Group Inc., et al., Case No. 2:19-CV-00166-WBS-KJN in the U.S. District Court for the Eastern District of California
Final Hearing
02/08/2021
Settlement Website
Claims Administrator
Class Counsel
Joshua Konecky
Leslie H. Joyner
Nathan B. Piller
SCHNEIDER WALLACE COTTRELL KONECKY LLP
Defense Counsel
Mara D. Curtis
Michael R. Kleinmann
Brittany M. Hernandez
REED SMITH LLP
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