C&K Trucking illegal operator pay deductions $3.35M class action settlement

C&K Trucking agreed to pay $3.35 million to resolve claims that took illegal deductions from owner operator pay.

The settlement benefits current and former owner operators based in Illinois that signed an independent contractor agreement and provided services to C&K Trucking between July 22, 2010, and July 29, 2022.

C&K Trucking is a trucking company based in Illinois that specializes in drayage, or short distance shipping. The company hires owner operators to complete trucking jobs in exchange for compensation, bonuses, insurance coverage and other benefits.

According to a class action lawsuit against the company, C&K Trucking implements unfair contracts with owner operators. These contracts allegedly allow the company to deduct confusing “withholdings” from payments to an owner operator. Truckers in the class action lawsuit maintain that C&K Trucking calculates owner operator pay in “an opaque, confusing, arbitrary, and contradictory fashion” that results in truckers being paid “substantially less” than agreed upon. As a result of these confusing practices, it is allegedly difficult for truckers to challenge their payments and seek fair compensation.

“C&K Trucking’s dishonest, unlawful conduct results in owner-operators receiving far less compensation than it owes them,” the trucking class action lawsuit contends. “In Plaintiffs’ situation, for example, C&K Trucking underpaid them to the tune of tens of thousands of dollars, if not more.”

C&K Trucking hasn’t admitted any wrongdoing but agreed to a $3.35 million class action settlement to resolve these allegations.

Under the terms of the settlement, class members can receive a settlement payment based on the number of workweeks they worked during the class period. Payments will vary depending on the net settlement fund after deductions and the number of participating owner-operators. Class members may have received an estimated payment amount with their mailed settlement notice.

Payment recipients will receive a 1099 form to report the payment. Class members may wish to consult with a tax professional about the tax consequences of accepting a settlement payment.

The deadline for exclusion and objection is Jan. 30, 2023. 

The final approval hearing for the settlement is scheduled for Feb. 15, 2023.

Class members can take action if they wish to challenge the calculation of their workweeks. Written challenges of calculated workweeks and pay periods must be submitted by Jan. 30, 2023.

No claim form is required to benefit from the settlement. Class members who do not exclude themselves will automatically receive settlement benefits. 

Who’s Eligible

Current and former owner-operators based in Illinois that signed an independent contractor agreement and provided services to C&K Trucking between July 22, 2010, and July 29, 2022.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Exlcusion Deadline

01/30/2023

Case Name

BNVS Transport LLC, et al., v. C&K Trucking LLC, Case No. 1:20-CV-04305, in the U.S. District Court for the Northern District of Illinois, Eastern Division

Final Hearing

02/15/2023

Settlement Website

IllinoisDriverSettlement.com

Claims Administrator

C&K Trucking Settlement
c/o JND Legal Administration
PO Box 91205
Seattle, WA 98111
info@IllinoisDriverSettlement.com
855-533-0226

Class Counsel

Stacey B Vucko
VUCKO LAW LLP

Joshua Konecky
Sarah McCracken
SCHNEIDER WALLACE COTTRELL KONECKY LLP

Defense Counsel

Charles Andrewscavage
James Eckhart
SCOPELITIS GARVIN LIGHT HANSON & FEARY PC