Were You Misclassified by XPO as an Independent Contractor Truck Driver?

A growing number of drivers are coming forward, claiming they were misclassified as an independent contractor truck driver when they’re really employees.

XPO Logistics drivers in New Mexico may be able to file a misclassification lawsuit to claim the employee benefits they may have been denied when improperly classified as an independent contractor truck driver. Some XPO Logistics drivers who have filed lawsuits have already reached settlements amounting to millions of dollars.

Misclassification of XPO Logistics Drivers

XPO Logistics (formerly known as 3DP Inc.) has been targeted with a number of allegations over independent contractor truck driver misclassification. According to the XPO drivers who have come forward, the company misclassified them as an independent contractor truck driver rather than an employee.

This simple classification issue is tangled up in employee benefits and wages. When classified as an independent contractor truck driver, an XPO driver is denied a slew of important benefits like reimbursement for the trucks, maintenance, and more.

Drivers claim that they should actually be classified as employees based on the duties they are expected to perform in their work for XPO.

XPO Logistics drivers make deliveries for a number of major companies like Sears and Macy’s, but are expected to cover many of the costs incurred in the course of their duties. These costs include trucks, fuel, maintenance and damaged goods.

Drivers allege that when they are improperly classified as an independent contractor truck driver, they are not paid the overtime wages they should earn while working extra hours.

XPO drivers claim that their duties indicate that they are employees rather than independent contractors. For instance, they are required to report in for work at a specific time, and generally work six or seven days per week. Shifts for XPO Logistics drivers are lengthy, and can easily reach between 12–14 hours. However, drivers claim that they are not actually paid overtime wages for the extra time they work.

These workers are also required attend daily meetings, and sometimes are made to wait for long stretches of time until a delivery is ready. However, they are not granted any compensation for this wait time. They are also not given any kind of meal break policy, drivers claim.

Misclassifying an XPO driver as an independent contractor truck driver allows a company to avoid providing benefits like minimum wages, overtime pay, health benefits, insurance and social security costs.

Filing a Driver Misclassification Lawsuit

The XPO independent contractor truck driver investigation also focuses on XPO drivers in California and Illinois, on top of those in New Mexico.

There are federal and state labor laws put in place to protect workers from being misclassified as an independent contractor truck driver when they should be considered employees.

Similar misclassification lawsuits have been filed against other companies by nail salon workers, Uber drivers and many others. One Uber misclassification lawsuit was settled for $100 million.

If you have worked as a delivery driver for a company you believe misclassified you as an independent contractor truck driver, such as XPO Logistics, you may be able to file an individual lawsuit or join a wage and hour class action lawsuit. Filing a lawsuit can help you recover wages that would be owed to you as an employee.

Join a Free XPO Delivery Drivers Class Action Lawsuit Investigation

If you work as an XPO Logistics delivery driver in California, Illinois, or New Mexico as an independent contractor, you may be entitled to compensation.

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