Experior Transport, Polmax trucker misclassification $1.5M class action settlement

Polmax LLC, doing business as Experior Transport, agreed to a $1.5 million settlement to resolve claims it misclassified truckers as independent contractors instead of employees.

The settlement benefits anyone from Illinois or New Jersey who entered into independent contractor agreements with Polmax LLC, doing business as Experior Transport, and who were not classified as employees.

Polmax LLC offers freight transport services from a facility in Chicago. The company’s fleet includes 250 vehicles such as tractor trailers and cargo vans.

According to a class action lawsuit, Experior Transport wrongfully classifies New Jersey and Illinois drivers as independent contractors. Plaintiffs in the case say they and other drivers should have been classified as employees and granted the benefits associated with this classification.

Unlike employees, independent contractors are not guaranteed minimum wages and other benefits. Because they were classified as independent contractors, truckers in the class action lawsuit claim that they were denied all owed wages, reimbursement for excessive business expenses and other benefits.

Experior Transport hasn’t admitted any wrongdoing but agreed to a $1.5 million class action settlement to resolve these allegations.

Under the terms of the settlement, class members can receive a cash payment based on how long they provided trucking services to Experior and the number of chargebacks deducted from their pay. 

According to the settlement website, each class member is estimated to receive at least $1,500. However, exact payment amounts may be higher depending on individual factors and the number of class members who submit a claim. 

Settlement payments may have tax consequences. Class members may need to submit a W-9 form and could receive a 1099 tax form for the payment. Class members may wish to consult with a tax professional regarding the tax impact of the settlement payments.

If any settlement checks remain uncashed 90 days after distribution, residual settlement funds will be donated to cy pres recipients selected by the court.

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

The final approval hearing for the Experior Transport settlement is scheduled for Feb. 27, 2023.

In order to receive benefits from the settlement, class members must submit a valid claim form by Jan. 30, 2023.

Who’s Eligible

Consumers from Illinois or New Jersey who entered into independent contractor agreements with Polmax LLC, doing business as Experior Transport, and who were not classified as employees

Potential Award

$1,500

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/30/2023

Case Name

Final Hearing

02/27/2023

Settlement Website

IllinoisTruckingSettlement.com

Claims Administrator

Settlement Administrator
Komorski, et al. v. Polmax Logistics LLC, et al.
c/o Simpluris Inc.
P.O. Box 26170
Santa Ana, CA 92799
888-369-3780

Class Counsel

Myles McGuire
Paul Geske
MCGUIRE LAW PC

Defense Counsel

Andrew J Butcher
SCOPELITIS GARVIN LIGHT HANSON