Semi Truck Driver Salary Dispute Goes to Court in California

A semi truck driver salary dispute over employee misclassification and violation of California labor laws has resulted in a class action lawsuit. Two drivers who are employed by the defendant, D&M Carriers LLC, have filed a complaint against the company, claiming failure to pay minimum wages and legally-mandated meal breaks, among other allegations – in essence, classifying them as independent contractors when they were actually employees.

The Allegations

Lead plaintiffs claim that due to D&M Carriers’ demanding work schedule, drivers were unable to take duty-free meal and rest breaks, yet the company did not compensate them for the missed breaks. The semi truck driver salary complaint further alleges that the defendant “intentionally, knowingly and systematically” failed to compensate its drivers for work-related expenses. The suit also claims that the defendant did not pay the employer’s share of federal and state taxes or workers’ insurance, putting these burdens on its employees.

Additional alleged violations include unfair competition, failure to provide accurate, itemized wage statements and failure to pay wages when due.

Independent Contractor vs. Employee: What is the Difference?

If a worker is an employee of a company, the employer has certain rights as well as obligations under California labor laws. On the one hand, the employer may set workers’ schedules and dictate what procedures must be followed when workers perform their jobs. On the other hand, the employer is responsible for covering any job-related expenses that workers may incur as well as withholding employee taxes and insurance payments. More importantly, the California Labor Code mandates that employees be allowed to take regular, duty-free rest and meal breaks at set intervals – or be paid for that time if they do not.

An independent contractor, who is hired on a 1099 basis as opposed to W-2, is essentially a small business owner. Such a worker is responsible for dealing with his or her own taxes and work-related expenses, including furnishing and maintaining their own equipment and paying for their own insurance and retirement. On the other hand, independent contractors can write off most of these expenses on their federal and state tax returns. These workers also have the freedom to set their own schedules and carry out their jobs as they see fit.

Unfortunately, some employers try to have it both ways – controlling its workers as employees while at the same time, treating them as independent contractors when it comes to job-related expenses and breaks.

Employer Penalties

California labor laws include stiff penalties for employers who misclassify workers. An employer who willfully misclassifies an employee as an independent contractor can be liable for civil penalties between $5,000 and $15,000 per violation. If the court finds that the employer engaged in an ongoing “pattern or practice of these violations,” the penalties increase to $10,000 to $25,000.

The Semi Driver Salary Class Action Lawsuit is Case No. CIVDS1935995, California Superior Court, San Bernardino County.

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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