Truck Driver for C.R. England Seeks Compensation for Overtime

A truck driver alleges C.R. England withheld compensation for overtime from her and other truckers by misclassifying them as independent contractors.

In a federal lawsuit filed last month, plaintiff Beatrice L. alleges she drove trucks for the C.R. England freight company from May 2016 through November 2017 and was not fully compensated for overtime hours.

According to the trucker misclassification lawsuit, Beatrice was paid based on the number of miles driven rather than duty time. In addition, C.R. England allegedly classified Beatrice and other employees as independent contractors rather than nonexempt employees.

These factors allegedly caused Beatrice to paid less than the federal minimum wage rate for each hour she drove, and she was allegedly not compensated for all related non-driving duties she had to perform. This included routine inspections, waiting for directions from C.R. England, waiting for completion of pick up or delivery, gas refills, and other necessary tasks related to her job or truck maintenance.

Even though Beatrice and other drivers operated according to C.R. England’s schedule, she argues they did not receive proper compensation for overtime.

She further claims that C.R. England failed to track her or other employees’ hours beyond the hours tracked by the United States Department of Transportation, while allegedly requiring employees to be continuously driving. These drivers reportedly worked at least 16 hours, if not 24 hours on a regular basis, which Beatrice says violates federal work regulations.

Beatrice filed this class action truck driver wage lawsuit on behalf of herself and other similarly situated employees who were all allegedly denied overtime and proper minimum wage rates.

Overview of Truck Driver Minimum Wage Requirements

According to the Department of Labor, employers must pay their nonexempt employees a minimum hourly rate of $7.25 and increase that to one-and-a-half times that rate if their employees work over 40 hours a week or eight hours in a single day.

There are also certain requirements shipping companies must adhere to when treating their nonexempt truck drivers, such as requiring a certain amount of hours designated for rest and taking measures to ensure their vehicle and drivers are safe.

It is important to note that the job requirements of truck drivers are quite demanding, with long hours and strict deadlines. Truck drivers are also responsible for ensuring their safety and the safety of other drivers on the road, considering the significant damage a semi truck could do to a smaller car.

For drivers who qualify as nonexempt employees, shipping companies should not only pay them on a minimum wage basis but also cover expenses that would normally be taken care of in other nonexempt employment situations. This includes covering the cost of fuel, truck maintenance, licensing fees, and other job related expenses.

Beatrice claims that even though she and other drivers deserve overtime pay, C.R. England only paid on a per mile basis, which is limited by federal regulations. She argues C.R. England ultimately violated federal and state labor laws by failing to pay Beatrice and other drivers, who are seeking compensation for overtime and other relevant damages.

This Truck Driver Wages Class Action Lawsuit is Case No. 1:19-cv-00389, in the U.S. District Court of Colorado.

Join a Free Trucker Overtime Class Action Lawsuit Investigation

If you have worked as a contract truck driver and believe your carrier has failed to pay you minimum wage or overtime, or otherwise might not have honored a contract with you, you may qualify to file a truck driver lawsuit or class action lawsuit.

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