Truckers Denied Overtime File Class Action

A group of truck drivers employed in the drilling industry claim they were wrongfully denied overtime pay because of misclassification. Plaintiffs in a recently-certified class action lawsuit say that defendants Titan Logistics & Resources LLC and Beemac Trucking wrongfully classified them as independent contractors. The lawsuit has been brought under the Fair Labor Standards Act of 1938 (FSLA) as well as the Pennsylvania Minimum Wage Act.

Misclassification Case Background

The plaintiffs in the wage and hour claim were employed by the defendants for the purpose of transporting oil and gas equipment, workers and supplies between job sites in Pennsylvania, as well as Wyoming, the Dakotas, and Texas. They say they regularly worked more than 60 hours per week, seven days straight without regular days off.

Because the trucks they drove were in excess of 26,000 pounds and the drivers were engaged in interstate commerce, they might have fallen under the FLSA’s Motor Carrier Exemption (MCE) from receiving overtime pay. However, plaintiffs say they also drove smaller vehicles on a regular basis, including passenger vans and SUVs – all of which were 10,000 pounds or under. Since these vehicles were regularly driven over state lines, plaintiffs claim they were not covered by the MCE and thus should have been paid overtime wages.

The plaintiffs further allege that promises made by the company and its CEO were not kept. Specifically, Titan drivers were told they would receive $350 per day in addition to per diem pay in the amount of $25 and reimbursement for work-related expenses, such as fuel and lodging. However, the complaint states that per diem payments and reimbursements for expenses have never been made.

Exempt From Overtime?

According to the complaint, the defendants informed the drivers that they were exempt from overtime pay. However, even if they had been exempt under the FSLA’s MCE provision, they would have been covered under the SAFETEA-LU Technical Corrections Act of 2009.

About the Fair Labor Standards Act

The FLSA, signed by President Franklin D. Roosevelt in 1938, is the law that gave U.S. workers the right to a minimum wage as well as time and a half for all hours worked in excess of 40 per week. The law has been amended numerous times in the eighty years since its passage, but the provisions governing minimum wage and overtime pay have remained.

The FLSA sets a floor for wages at the federal level; however, a number of progressive states, including California, Oregon, and Washington, have enacted even more stringent worker protections.

Pennsylvania’s minimum wage law is in line with federal standards.

Recovery of FLSA Damages

In an FLSA lawsuit, plaintiffs may be able to recover lost wages and damages. In addition, employers who are found to have willfully violated the wage and hour law may be subject to criminal prosecution and a fine of up to $10,000 by the Department of Labor.  Other misclassification lawsuits have settled for millions of dollars.

At this point, the defendants have not commented or responded to the allegations against them.

The Gas Truck Drivers Overtime Class Action Lawsuit is Case 2:17-cv-01617-NBF, U.S. District Court for the Western District of Pennsylvania.

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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