By Laura Pennington  |  February 7, 2020

Category: Labor & Employment

Commercial truck drivers may be misclassified. A preliminary settlement has been reached with a group of FedEx commercial truck drivers who filed suit against their employer. The FedEx Freight drivers who started the lawsuit indicated to the judge presiding over their case that they were asking for approval of the $3.25 million wage and hour settlement. A judge had previously taken issue with the release provision and the volume of attorneys’ fees to be awarded in that case.

As a result of those negotiations, attorney fees were reduced to 25 percent from 33 percent. Former commercial truck driver for FedEx, Theodore A. E., initiated the suit based on claims that the company violated multiple labor laws.

The original lawsuit alleged that the company did not give meal and rest breaks to commercial truck driver workers that were supposed to be provided per regulations. In addition, the lawsuit paperwork included arguments that the drivers did not get accurate wage statements and that drivers were not properly reimbursed for being required to use their personal phones for business.

The first settlement proposal for that commercial truck driver lawsuit came down in November 2019, which allowed for around $2 million to be distributed to the more than 3,000 class members. The lead plaintiff would also receive an incentive award.

The judge reviewing that paperwork, however, determined that there were several issues with the way the settlement was suggested.

What Can Be Done if an Employer Violates Meal and Rest Break Laws?

When it comes to meal and rest breaks, those are issues that are decided at the state level. When a group of truckers in one state, however, believes that the laws have been violated, this can lead to a wage and hour claim over these concerns.

Most people get confused about the difference between state and federal law when it comes to employee rights. What further confuses this issue is the fact that many legal arguments about truck drivers as employees vs. contractors makes it hard for plenty of new drivers to tell what rights, if any, they are entitled to.

Over the road truckers are associated with federal laws for required breaks. But hourly and local paid truck drivers are often under pressure from their employers to complete long runs and put in long days as a result.

Several states have laws in place about how and when employers are required to offer meal and rest breaks to drivers. The state of California is known as one that has a lot of requirements in place for employers when it comes to tracking and protecting employees.

Many legal issues have emerged regarding truck drivers in recent years, but especially with regard to the meal and rest breaks issue.

If you believe that as a commercial truck driver you were blocked from your state or your federal rights, you need to speak with an attorney to discuss your options and next steps. Top Class Actions can help you to find a lawyer with the right background to assist.

The FedEx commercial truck driver lawsuit is case no. 4:17-cv-07272 in the U.S. District Court for the Northern 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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2 thoughts onFedEx Commercial Truck Driver Suit Settlement Achieved

  1. tami long says:

    i work cor fed x ground n rialto calif and there pating driver min wage and keeping all the drop n hooks wont pay us to hook n drrop or wont pay us for nothing the y keep all the money and says its thnee buisness its unfair

  2. Hunter Rutledge says:

    My comment: really a question I was a driver for FedEx twice. I received a letter in the mail July 20-28th saying I qualified to receive backpay four not receiving any pay for all the overtime hours I worked it told me to put down the amount of time I work for FedEx both times and send the letter back to them I sent it back immediately until this day I haven’t received anything in the mail or any emails or phone calls giving me any information about when I would be receiving my earned money back. I live in Rosman Western North Carolina. Anyone who reads this that has any information or could help me any way please reach out to me I would really appreciate it

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