Joanna Szabo  |  September 21, 2017

Category: Labor & Employment

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truck on highwayA group of truck drivers working for XPO Logistics, formerly known as 3PD Inc., filed a XPO class action lawsuit against the company.

The truck drivers were classified as independent contractors, but claimed in their XPO class action lawsuit that this was a misclassification. Instead, they claimed that they should rightfully have been considered employees of XPO.

The truck drivers delivered furniture and appliances to a range of stores, including Macy’s and H.H. Gregg. Drivers reported to a number of 3PD (XPO) warehouses in Illinois, which allowed them to make claims not just under federal law, but Illinois state labor laws regarding the classification of independent contractors as well.

Because of the misclassification, the truck drivers claim that they should therefore have received the benefits given to employees. As contractors they were denied benefits such as proper overtime compensation.

Overtime compensation is especially significant for these truck drivers, as their position had them regularly working 12-14 hours per day on six or seven days of the week. Proper compensation for overtime work—anything more than eight hours per day or over 40 hours in a week—would have amounted to a significant pay increase.

The XPO class action lawsuit was recently brought to an end with a settlement agreement between the company and the truck drivers. The settlement amounts to around $2.8 million. Two of the class representatives are set to receive $20,000, and another representative will receive $10,000. After attorneys’ fees and expenses, $1.85 million remains to be divided among the Class Members.

To date, 258 are eligible members and 115 so far have filed claims. At this point, class members are expected to receive an average of $15,000 in settlement compensation. The amount per person will vary based on approximate work hours during the class period.

The XPO class action lawsuit settlement agreement was reached by both parties and brought before an Illinois federal judge, who granted its approval. XPO is expected to soon begin sending out settlement checks to the eligible Class Members, likely sometime in the next few months.

Filing a Driver Misclassification Lawsuit

Lawsuits like this XPO class action lawsuit have grown increasingly widespread in the last few years. Several high-profile cases have surfaced, including some filed by exotic dancers, nail salon workers, and Uber drivers.

Similar employee misclassification lawsuits have been filed against other major companies. Uber, a popular ride-hailing service, has faced numerous lawsuits over the misclassification of its drivers. One Uber wage and hour class action lawsuit was settled for $100 million. These plaintiffs claimed that their misclassification led to lack of overtime pay, tips, and expense reimbursement.

If you have worked as a delivery driver for a company you believe misclassified you as an independent contractor, such as XPO Logistics, you may be able to file an individual lawsuit or join a wage and hour class action lawsuit. Filing an XPO class action lawsuit can help you recover wages that would be owed to you as an employee.

Join a Free XPO Delivery Drivers Class Action Lawsuit Investigation

If you work as an XPO Logistics delivery driver as an independent contractor, you may be entitled to compensation.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.