Gardner Trucking Pay May Be Lower than Truckers Are Owed

Recent California laws have caused uproar in the trucking community from truckers and trucking companies alike. Some support the laws and their goals to help truckers get paid a reasonable rate while others argue that the laws actually hurt truckers.

Regardless of the new laws, truckers in California have been taking legal action for years against trucking companies. Attorneys are investigating companies such as Dalton Trucking Inc., Gardner Trucking Inc., Heitz Trucking Inc., Hendrickson Truck Lines, KKW Trucking Inc., Matheson Inc., Osterkamp Transportation, R & A Trucking Company, TCI Transportation, TRIUS Trucking, and others to see if these trucking corporations are underpaying their drivers.

Gardner Trucking Pay Class Action Lawsuit & Other Allegations

Plaintiffs in Gardner Trucking pay class action lawsuits and other litigation claim that the company takes advantage of their drivers by paying low wages. Moreover, these wages may vary depending on whether the driver is an employee or independent contractor.

In 2016, plaintiff Jerry T. filed a Gardner Trucking pay class action lawsuit alleging that the trucking company underpays its drivers. Jerry reportedly worked for Gardner between July 2014 and April 2016 and was allegedly paid a piece rate.

According to the trucking wage class action lawsuit, Jerry and other truckers working for Gardner were not paid minimum wage as required by California state law. Jerry also claims that the company violated a variety of other rights owed to trucking employees.

“Individuals in these truck driver positions are and were employees who are entitled to minimum wage compensation and prompt payment of amounts that the employer owes an employee when the employee quits or is terminated, and other compensation and working conditions that are prescribed by law,” the Gardner Trucking class action lawsuit claims.

The trucking class action further alleges that Gardner Trucking violates California law by failing to compensate Jerry and other drivers for their non-driving time and failing to provide truckers wage and hour rights, such as the paid and unpaid rest and meal breaks they are owed.

Other allegations against trucking companies have also been filed – some of which have resulted in favorable outcomes. In October 2018, J.B. Hunt agreed to resolve a class action lawsuit against them by paying $15 million to as many as 11,000 employees. The allegations claimed that the trucking company violated California meal and rest break laws as well as minimum wage requirements. In October 2019, Macy’s settled claims of misclassifying drivers as independent contractors.

State Judge Rules AB5 Does Not Apply to Truck Drivers

In January, Los Angeles Superior Court Judge William Highberger ruled that a California law that defines employees separate from independent contractors does not apply to the trucking industry.

Judge Highberger said that California’s Assembly Bill 5 is preempted by the Federal Aviation Administration Authorization Act of 1994.

In his decision, Judge Highberger wrote, “Here the requirements of the ABC test… clearly run afoul of Congress’ 1994 determination that a uniform rule endorsing use of nonemployee independent contractors should apply in all 50 states to increase competition and reduce the cost of trucking services.”

Trucking advocates have challenged this ruling, though the Ninth Circuit of Appeals denied an appeal by the California Trucking Association in June 2021. Despite this setback, the association reportedly plans to petition the U.S. Supreme Court, Landline reports. According to the California Trucking Association, applying AB5 to the trucking industry violates the Federal Aviation Administration Authorization Act.

The implementation of AB5 has been a bone of contention since California Governor Gavin Newsom signed it into law last September. AB5 mandates that companies must prove their independent contractors aren’t under the company’s control and that the independent contractor in question performs a job that is outside the usual course of business for that company. Independent contractors must also run their own established businesses where they provide similar services.

The law was designed to help gig company drivers, such as those who drive for Uber, DoorDash, Lyft and others, receive benefits and earn a set minimum wage plus expenses for gas and vehicle wear and tear. Originally referred to as the Protect App-Based Drivers & Services Act, the measure also ensured health care stipends would be available to such drivers if they worked a certain number of hours.

Industry Opinions on Trucking Laws

Some people in the industry think that new California law changes will have a negative effect on the income of drivers. They claim that drivers are able to make more money in a piece rate system than they are when compensated for rest breaks and non-driving time.

The outcomes of newer trucking regulations remains to be seen, but experienced legal professionals are dedicated to making sure that truckers new rights are protected and that trucking companies are following regulations designed to protect drivers.

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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