Independent Contractor Drivers for JB Hunt Secure $6.5M Settlement

A class of independent contractor drivers recently requested that a California federal judge approve a preliminary settlement of $6.5 million to resolve a lawsuit between them and trucking company J.B. Hunt.

Independent Contractor Drivers Sue Trucking Company Over Wage Violations

The lawsuit against J.B. Hunt was filed in 2018 by two truckers who claimed that the company routinely misclassified drivers as independent contractors instead of employees. Due to this classification, drivers were required to pay expenses such as gas costs and the cost of maintenance, while still being expected to act as employees at the direction of the company.

Plaintiffs Duy L. and Kiet N. claim that they and other class members have been required to pay thousands of dollars in maintenance and other costs, while being denied overtime pay, minimum wage, and appropriate meal and rest breaks. Additionally, they claim that the trucking company made improper deductions from their wages and provided them with inaccurate wage statements.

While independent contractors are generally allowed the freedom to set their own schedules and perform their work as they see fit, Duy and Kiet claim that they were subject to the control of J.B. Hunt when it came to the hours they worked, the routes they drove, and how their delivery work was performed. Additionally, they claim that J.B. Hunt set and held them to certain standards of customer service, and prevented them from performing trucking work for any company other than J.B. Hunt.

The class of members covered by the suit includes 312 drivers who work for J.B. Hunt. According to the proposed settlement, the $6.5 million sum will be split among the class members, with the drivers expected to receive between $20,000 and $50,000 each.

About Trucker Misclassification

The J.B. Hunt case is only one example of truck drivers being misclassified as independent contractor drivers rather than employees. Many workers in different occupations including long haul trucking, ride sharing, food delivery, and other types of work have claimed that they are misclassified as independent contractors. This classification is important, as employees are entitled to more rights and protections than independent contractors.

Workers who are classified as employees are covered by federal and state employment and labor laws, including laws pertaining to minimum wage and overtime pay. Independent contractors are not legally entitled to the rights afforded by these laws. Additionally, independent contractors are required to pay their own employment taxes, rather than having these contributions automatically withheld on each paycheck.

Independent contractors are also responsible for covering their own costs, including the costs of items necessary to do their job, licensing, and maintenance. This, combined with the lack of wage protections afforded to independent contractors, can quickly add up.

In addition to being expensive, misclassification may also be against the law. According to the Department of Industrial Relations, California Assembly Bill 5 went into effect on Jan. 1, 2020, and sets new standards for employers who want to classify workers as independent contractors. Under the new law, workers may only be independent contractors if they are free from the direction and control of the employer, perform the work that is outside of the scope of the employer’s general line of work, and are engaged in their own independently established trade doing the same type of job.

If you work for a trucking company and believe you have been misclassified as an independent contractor while being held to the standards of an employee, you may be able to speak with an experienced attorney about your legal options. Some victims of misclassification may be able to pursue reimbursement for owed wages and overtime through a class action lawsuit.

Duy and Kiet’s Trucking Misclassification Lawsuit is Case No: 2:19-cv-01334-SVW-SS, filed in the U.S. 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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