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A California federal judge has partially certified a class action wage and hour lawsuit in which the plaintiffs allege violations of trucker pay laws by being misclassified as independent contractors rather than employees, reports professional trucker publication LandLinemag.com.
Wage and hour lawsuits often center on how the worker is classified. Whether a driver is considered an employee or a contractor is an important distinction that impacts what benefits, if any, employers must offer as well as what state or federal laws apply to drivers’ working conditions.
Lawsuit Alleges Break Law Violations
According to the truck driver pay laws claim, California truckers were encouraged to skip meal breaks they are legally entitled to, and thus never received compensation for that time.
In addition to the class of California truck drivers with contract-carrier agreements with John Christner Trucking LLC (JCT), a logistics and transportation company, the judge also certified a subclass of California drivers who directly contracted with JCT for single trucks. Those truckers accuse JCT of denying them minimum wage and rest breaks.
U.S. District Judge Jesus G. Bernal conducted a comprehensive investigation into California worker classification standards, including the state’s ABC test, to determine whether JCT’s drivers could be considered a joint employer of contract carrier rules, and whether drivers working for the contract carriers were also harmed by JCT’s policies.
California’s ABC test presumes that every worker is classified as an employee unless a business can show that a worker serves in an independently established trade, occupation, or business doing the same type of work they performed for the company that hired them; the person performs work outside the usual course or place of business; and the company does not supervise the worker.
Allegations in the truck driver pay laws suit date to summer 2013 when JCT had more than 1,400 California-based contract carriers.
Federal law requires truckers to rest for at least 30 minutes during a 14-hour work day.
Business Insider reports that as of Dec.21, 2018, California trucking companies no longer needed to provide meal or rest breaks for truck driver employees who drive inside and outside the state.
The U. S. Department of Transportation regulates how many hours a trucker can drive each day and week, what breaks they’re entitled to and other rules, according to The Balance.
The Truck Driver Pay Laws Lawsuit is Case No. 5:17-CB-02489 in the US District Court for the Central District of California
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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